As is widely known, operating a vehicle with a blood alcohol concentration (BAC) of over 0.08% is illegal. However, the penalties for this offense can vary greatly depending on various factors. Tennessee imposes some of the strictest penalties for DUIs, making it crucial to comprehend the aggravating factors and their consequences.
For a first DUI offense in Tennessee, the punishment typically entails a one-year license suspension, a fine ranging from $350 to $1500, and almost certainly a jail term ranging from 2 days to nearly a year. While this may seem substantial, the penalties can escalate significantly.
One of the primary aggravating factors for DUIs in Tennessee is the number of prior convictions for drunk driving. The fines, duration of license suspension, and mandatory jail time for subsequent DUIs increase as follows:
- Second Offense
- Fine: $600 to $3500
- Jail time: 45 to 354 days
- Suspension: 2 years (with a restricted license available)
- Third Offense
- Fine: $1100 to $10,000
- Jail time: 120 to 354 days
- Suspension: 6 years (with a restricted license available)
- Fourth Offense (Class E Felony)
- Fine: $3000 to $15,000
- Jail time: 150 days to 6 years
- Suspension: 8 years (with a restricted license available)
A fifth and sixth violation are considered Class D and C felonies, respectively, and carry significantly increased jail time. Moreover, if the BAC exceeds 0.20%, the minimum jail time for a first offense increases from two to seven days. A judge may also mandate completion of an Alcohol and Drug treatment program as a parole condition, which can be costly and time-consuming. Additionally, a judge may order the installation of an ignition interlock device on the driver’s car after the license suspension expires, as a condition for driving, costing the driver over $1000 annually.
The presence of a minor is another aggravating factor. If a minor is present in the car when a driver is arrested for drunk driving, the mandatory minimum jail time is increased to 30 days and the minimum fine is increased to $1000. If the minor in the car is unfortunate enough to be injured due to a DUI, then the charge is immediately upgraded to a Class D felony, which could result in twelve years of jail time.
Refusing to submit to a breath or blood test to determine BAC carries its own penalties. If a driver refuses, their license may be suspended for 1 year, regardless of whether their BAC exceeded 0.08%. Depending on the driver’s history, refusal may also result in the installation of an ignition interlock device on the driver’s car, at the driver’s expense, to monitor their BAC before driving. However, if the officer fails to advise the driver of these potential consequences for refusal, no penalty can be imposed. Additionally, the 1-year suspension would run concurrently with any suspension due to a DUI conviction.
For individuals under the age of 21, it’s crucial to note that it takes significantly less alcohol to incur punishment. For drivers under 21, a BAC exceeding 0.02% results in being guilty of Underage Driving While Impaired. However, the penalties for this are significantly less severe than for a regular DUI, typically involving a 1-year license suspension, a $250 fine, and public service work determined by the judge.
Finally, some states include mitigating factors that can help counterbalance aggravating factors or, in the absence of aggravating factors, lessen punishment. No such factors exist in Tennessee. While a judge may look more favorably on a defendant depending on the circumstances, they are not required to, and there are no statutory bonuses for driving safety or having a BAC of 0.09%.
At King Law, we know that you want to put the DUI behind you as quickly as you can. We are ready to help you through this difficult time, and we will stand up for you and make sure your rights are protected. Contact us at (888)748-KING (5464) or visit our website to speak with one of our skilled attorneys about your case.