Tennessee DUI: Penalties and Criminal Charge Defense

Under Tennessee state laws, a number of violations and penalties, both administrative and criminal, are associated with driving under the influence cases. These include charges and violations outside of the traditional DUI offense, or driving under the influence with a BAC of .08 or higher. The state of Tennessee utilizes elevated penalties for enhanced BAC offenders (BAC of .20 or higher), suspends licenses under implied consent laws for refusal to submit to BAC testing (one (1) year for first offense mandatory), enhanced penalties for offenders with passengers under the age of eighteen (18), and has zero tolerance laws in effect for underage drivers with BAC of .02 or higher. The following outlines the penalties, defense strategies, and how to get legal help with a DUI offense under Tennessee DUI laws.

Penalties Applicable to a Tennessee DUI Charge

• First offense DUI in Tennessee carries incarceration of not more than eleven (11) months, with fines ranging from $350 to not more than $1,500, and mandatory license suspension of one (1) year, with likely requirement of ignition interlock device upon reinstatement based on hardship.

• Second offense DUI in Tennessee carries penalties of forty-five (45) days to not more than one (1) year of incarceration, with fines ranging from $600 to $3,500, and license suspension of two (2) years, with ignition interlock device requirements as well.

• Third offense carries penalties of one hundred and twenty (120) days incarceration up to one (1) year, vehicle subject to seizure, fines of up to $10,000, and license suspension of at least three (3) years up to ten (10) years.

• Fourth offense Tennessee DUI charge is a class E felony offense, carrying penalties of at least one hundred and fifty (150) days incarceration up to maximum allotted under Tennessee law for class E offenses, fines up to $15,000, and mandatory license suspension of five (5) years, with possibility of indefinite revocation.

All offenses carry likely prospect of mandatory alcohol/substance abuse screening and counseling, as well as other case-specific penalties associated with sentences, including probation periods requiring refraining from alcohol or other substance abuse.

Methods Used in a Tennessee DUI Defense

• Depending on the case-specific events in your arrest, the initial traffic stop and any ensuing interaction with law enforcement (including questioning, searches, and requests for field sobriety testing) may provide grounds for dismissal under probable cause and search and seizure laws. Additional considerations may also include whether a defendant was informed of his or her rights, per the legal standards required in the state of Tennessee, including Miranda rights and rights related to implied consent laws.

• The blood, breath, or urine sample used to determine BAC or the presence of other substances is a critical element of most prosecutors’ cases. Probing the legality of the sample, including the accuracy of the testing device, maintenance of the testing device, the chain of custody of evidence, and methods used by law enforcement and the tester to obtain a sample should be carefully scrutinized.

• If dismissal is not a viable option, DUI cases are prime for obtaining some form of alterative sentence emphasizing rehabilitation, rather than incarceration. These sentences, however, will require completing a prolonged probation period involving the requirement of an offender to seek counseling for substance abuse issues. The availability, length, and invasiveness of these alternative sentences, including whether the deal suspends a sentence or conviction entirely, will be subject to case-specific considerations.

Getting Legal Help with Preventing a Tennessee DUI Conviction

In practice, the only reliable DUI defense method will be through consulting with a Tennessee DUI lawyer in the jurisdiction of your arrest. DUI defense is culmination of highly complex legal theories in light of your case-specific elements, which only when reviewed by a criminal defense lawyer, can be used to promote dismissal or obtain a more favorable plea bargain than the standard plea deals offered in DUI cases in a given jurisdiction.