DUI / DWI

The charge of drunk driving is a criminal offense known in Tennessee as Driving Under the Influence (“DUI”) and Driving While Impaired (“DWI”).

The fallout of a DUI arrest can seriously impact your life. You could face substantial legal penalties on top of the embarrassment you likely feel for being charged with driving under the influence of drugs or alcohol.

Thankfully, with the assistance of a qualified DWI lawyer, you may be able to put this entire ordeal behind you.

There are several critical factors to consider if you have been pulled over in Tennessee under the suspicion of driving under the influence-

  • Age

  • Field Sobriety Tests (FSTS)

  • Blood Alcohol Test (BAT)

  • Enhancement Factors

1st Offense

The first offense DUI is a misdemeanor crime with a sentence of 11 months and 29 days and a license suspension of one year. The offense has a minimum incarceration period of 48 hours and a fine of no less than $350 but no more than $1,500. Also included in the punishment for first offense DUI is a 24 hour mandatory litter pick-up, Drug and Alcohol assessment. DUI school is a requirement for license reinstatement. Community service may also be ordered by the Court.

If the alcohol concentration in your blood or breath is .20% or more, the minimum jail sentence is 7 days.

If you meet the requirements, you may be eligible to obtain a restricted driver’s license.

Vehicle impoundment may not be authorized.

Ignition Interlock Device: The Court may be required to order you to only operate a motor vehicle that is equipped with a functioning ignition interlock device if you any of the following apply at the time of the offense:

  • You had a blood or breath alcohol concentration of .15% or more;

  • You were accompanied by a minor under the age of 18;

  • You were involved in a traffic accident that was the result of intoxication;

  • You were in violation of the implied consent law and have a juvenile delinquency conviction within the past 5 years for implied consent, DWI, open container, or reckless driving (that resulted from a reduced DUI).

2nd Offense

The second offense DUI is a misdemeanor crime with a sentence of 11 months and 29 days and a license suspension of two years. The offense has a minimum incarceration period of 45 days and a fine of no less than $600 but no more than $3,500. The punishment for second offense DUI also includes a Drug and Alcohol assessment. DUI school is a requirement for license reinstatement and may be ordered by the court. Community service may also be ordered by the Court.

If you meet the requirements, you may be eligible to obtain a restricted driver’s license after one year.

Vehicle impoundment may be authorized.

Ignition Interlock Device: The law in the State of Tennessee presumes that an ignition interlock device will be ordered by the court unless the judge chooses to rule otherwise. However, the device is mandatory if the prior DUI conviction had been within the last 5 years.

3rd Offense

A third offense DUI is a misdemeanor crime with a sentence of 11 months and 29 days and a license suspension from 3 to 10 years. The offense has a minimum incarceration period of 120 days and a fine of no less than $1,100 but no more than $10,000. The punishment for third offense DUI is court ordered Drug and Alcohol rehabilitation. Community service may also be ordered by the Court.

You cannot be eligible to obtain a restricted driver’s license.

Vehicle impoundment may be authorized.

Ignition Interlock Device: The law in the State of Tennessee presumes that an ignition interlock device will be ordered by the court unless the judge chooses to rule otherwise. However, the device is mandatory if the prior DUI conviction had been within the last 5 years.

4th Offense and Greater

A fourth offense DUI or subsequent conviction is a Class E felony with a sentence of 1 to 6 years and a minimum license suspension of 5 years. The offense has a minimum incarceration period of 150 consecutive days and a fine of not less than $3,000 and not more than $15,000.