Drunk driving is never a good thing to do because it comes with taking risks that should never be done. Such risks include death, injuries, fines, and possible jail time. Under Tennessee law, a person is considered to be driving drunk if their blood alcohol level is .08% or higher. Drivers under the age of 21 can face consequences of drunk driving with a blood alcohol level of .02% or above. By driving on Tennessee roadways, a person implicitly consents to a chemical test (blood, urine, or breath) if suspected of DUI. A person who refuses to take the test can be held to administrative penalties, including license suspension. Arrest If a person is arrested for DUI in Tennessee, it is possible they will lose their driver’s license for between one and eight years depending on any prior offenses. Alternatively, a person may be able to request a restricted license. A restricted license could allow an individual to drive after an ignition interlock device has been installed in the vehicle. Ignition interlock devices prevent the vehicle from starting if alcohol is detected on the driver’s breath. Tennessee law requires mandatory
minimum jail terms for drunk driving cases. Here are some potential fines and jail time: Offense Potential Jail Time Potential Fines License Revocation1st Offense 48 hours to 11 months, 29 days $350 – $1,500 1 year2nd Offense 45 days to 11 months, 29 days in jail $600 to $3,500 mandatory fine 2 years3rd Offense 120 days to 11 months, 29 days $1,100 to $10,000 mandatory fines 6 years4th and Subsequent Offenses Up to one year with a minimum of 150 consecutive days $3,000 to $15,000 mandatory fine 8 years After the Arrest After a DUI arrest, the offender typically faces criminal charges in court and administrative penalties through the Tennessee Department of Safety and Homeland Security. An individual may have the option to try to negotiate a plea agreement after the arrest; subsequently, this would allow a person to admit guilt in exchange for being charged with a less serious offense. In the alternative, a person may arrange a deal in which they admit guilt in exchange for a prosecutor recommending a more lenient sentence. Diversion may also be an option in certain circumstances. Diversion allows a person to enter into a special program to complete certain requirements in exchange for avoiding drunk driving conviction on their criminal record. DUI charges have the potential of getting dropped in some situations. If there is insufficient evidence, a prosecutor may drop the charges. Moreover, if it is possible the police violated an individual’s constitutional rights, the DUI charges may get dropped. Such violation can occur when the police pull an individual over or when they requested chemical testing. When constitutional rights are violated, any evidence collected as a result is considered “fruit of the poison tree” and is not admissible in court. If a person can show a constitutional
violation, they may be able to request the court declare evidence inadmissible. The court can decide whether to drop the charges or dismiss the case due to insufficient evidence. If you have any questions, we will help you understand your options. Reach out to King Law by calling (866) 318-6086 or (888) 748-KING, or complete our contact form for compassionate and valuable assistance.
Drunk Driving is Drunk Thinking
