DUI OFFENSES
In Tennessee, driving under the influence (DUI) is a serious offense with strict penalties and far-reaching consequences. These penalties can escalate based on factors such as prior offenses, blood alcohol concentration (BAC), and the presence of aggravating circumstances like causing injury or death. Understanding the legal ramifications and potential impacts of a DUI charge is crucial for anyone facing such allegations.
Here’s an overview of the possible punishments and consequences for DUI charges in Tennessee:
POSSIBLE PUNISHMENTS:
First DUI Offense
Imprisonment: 48 hours to 11 months and 29 days. If BAC is 0.20% or higher, minimum 7 consecutive days.
Fines: $350 to $1,500.
License Revocation: 1 year.
Community Service: May be required.
Alcohol Education Program: Mandatory attendance.
Second DUI Offense
Imprisonment: 45 days to 11 months and 29 days.
Fines: $600 to $3,500.
License Revocation: 2 years.
Vehicle Seizure: Possible forfeiture of vehicle.
Ignition Interlock Device (IID): Mandatory installation.
Third DUI Offense
Imprisonment: 120 days to 11 months and 29 days.
Fines: $1,100 to $10,000.
License Revocation: 6 to 10 years.
Vehicle Seizure: Possible forfeiture of vehicle.
Ignition Interlock Device (IID): Mandatory installation.
Fourth or Subsequent DUI Offense (Class E Felony)
Imprisonment: 1 to 6 years.
Fines: $3,000 to $15,000.
License Revocation: 8 years.
Vehicle Seizure: Possible forfeiture of vehicle.
Ignition Interlock Device (IID): Mandatory installation.
DUI with Child Endangerment
Additional Penalties: If a minor under 18 is in the vehicle, additional jail time and fines may apply.
Child Endangerment Charge: Additional charge with separate penalties.
Consequences Beyond Imprisonment and Fines
Criminal Record
A DUI conviction results in a permanent criminal record, which can affect future employment, housing, and educational opportunities.
Increased Insurance Rates
DUI convictions typically result in significantly higher auto insurance premiums.
Loss of Driving Privileges
Extended periods of license suspension or revocation, making transportation difficult.
Mandatory Treatment Programs
Required attendance at alcohol or drug education and treatment programs.
Impact on Professional Licenses
Potential loss or suspension of professional licenses, particularly in fields that require driving or public trust.
Legal Defenses and Mitigation
Illegal Stop
Arguing that the initial traffic stop was not justified by reasonable suspicion or probable cause.
Inaccurate BAC Test
Challenging the accuracy and reliability of breathalyzer or blood test results.
Field Sobriety Test Issues
Questioning the administration and interpretation of field sobriety tests.
Medical Conditions
Demonstrating that a medical condition affected the BAC reading or physical symptoms mistaken for intoxication.
Procedural Errors
Identifying errors in the arrest, testing, or booking procedures that violate legal standards.
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Nashville, TN 37212
E-Mail: Austin@PatriotLawTn.com
Tel: 615-669-8312