TENNESSEE DUI

Blood Alcohol Level (BAC) for Driving Under the Influence (DUI) in Tennessee:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Commercial Drivers: .04% or above
• High BAC: .20% or above

Implied Consent and Chemical Test Refusal: Not submitting to a police officer's request for a chemical BAC test after he stops you while you are driving a motor vehicle results in the suspension of your driver's license for one year in Tennessee. You will have broken Tennessee Implied Consent Law which assumes that by driving in Tennessee you have implicitly consented to submit to a BAC test, by blood, breath, or urine, if an officer has reason to believe you have been drinking. If you find yourself in this situation, or if you are arrested for a DUI in Tennessee, notify and get advice from a Tennessee DUI attorney. An attorney who specializes in DUI law in Tennessee will help you prepare your defense to DUI charges, a process that can be challenging and complicated.

DUI Arrest - Civil Case

Potential Penalties:

• License Suspension:
• First DUI Conviction: 1 year. You may also have to attend an Alcohol Safety DUI School Program.
• Second DUI Conviction: 2 years. You must attend DUI school.

• Monetary Fines:
• First DUI Conviction: Between $350 and $1,500. But, you may also face child endangerment penalties if a passenger in your car is under 18.
• Second DUI Conviction: Between $600 and $3,500.

• Community Service: You may be sentenced to pick up litter for 24 hours.

• Probation: Yes, probation is possible after your first DUI. You may also be required to participate in an alcohol safety DWI program as part of your probation.

• Motor Vehicle Impoundment: Yes, automatically after your second DUI and for all subsequent DUIs.

• Ignition Interlock: An ignition interlock device may be required after your first DUI if your BAC was .15% or above, there was a passenger under age 18 in your car at the time you were arrested, or you refused to take a BAC test. Following your second DUI, the court will require you to install an ignition interlock device in your car for 6 months if your second DUI is within 5 years of your first DUI, if your BAC is above .15%, if you have a child under age 18 in your car, or if you refused to take a BAC test.

• Prison Time:
• First DUI: 48 hours minimum, 11 months maximum.
• Second DUI: From 25 days to 1 year.

DUI Arrest - Criminal Charges
Because criminal charges for DUI in Tennessee can be complex and carry significant penalties, it is advisable to contact a Tennessee criminal defense attorney.

Potential Criminal Consequences The first, second, and third times you are convicted of a DUI, your actions will be considered misdemeanors. Your fourth Tennessee DUI conviction will be considered a Class E felony. If you are convicted for a DUI that has caused serious injury to someone, your DUI is classified as a Class D felony. In addition, your DUI is a Class A felony if you have two or more prior DUI convictions, vehicular assault convictions, prior vehicular homicide convictions, or a BAC of. 20% or more at the time you commit a vehicular homicide, if you have a prior DUI or vehicular assault charge.

Reinstating Your License After DUI Conviction: Following your license suspension, you can attempt to reinstate your driving privileges by mail, in person at a Tennessee Reinstatement Office, or online. Expect to pay a reinstatement fee and offer proof of SR-22 insurance as well.

Effect of DUI on Car Insurance: Tennessee requires that you demonstrate financial responsibility by carrying liability insurance. After a drunk driving conviction in Tennessee, you must file a SR-22 form as proof of future financial responsibility. Contact an insurance company to file the form with the Tennessee Department of Commerce. You may be required to maintain SR-22 insurance for up to five years from the date your license was suspended. Please be aware that your car insurance premiums will significantly increase after a DUI conviction.

Effect of DUI on Driving Record: Tennessee DUIs stay on your driver's license for life.

Under 21 and DUI: Expect to have your driver's license suspended, or to pay a fine if you are under the age of 21, have a BAC of .02% or greater, and are driving. This is a violation of Tennessee's Zero Tolerance Law. Speaking with a Tennessee DUI attorney will provide you with valuable information on this matter.

Tennessee Resources

Tennessee Department of Safety
http://www.state.tn.us/safety/

Tennessee Department of Revenue
http://www.state.tn.us/revenue/

Tennessee DUI Statutes
http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp

Tennessee Department of Transportation
http://www.tdot.state.tn.us/