What Is the Penalty for a DUI in Tennessee?

Driving under the influence (DUI) can have dramatic consequences. Not only is it dangerous to yourself and those around you, but it can also lead to an arrest or even jail time. Being pulled over and charged with a DUI can be a scary experience and can leave people anxiously asking, “What is the penalty for a DUI in Tennessee?”

In 2023, Tennessee was named one of the worst states for drunk driving in the nation. The state has been trying to curb the number of drunk driving accidents by enacting harsh punishments for those convicted of driving under the influence. If you are facing DUI charges, contacting a Nashville DUI attorney is a critical step.

Definition of a DUI

Tennessee prohibits anyone from driving or being in control of any type of motor vehicle if they are under the influence of any chemical substance, such as alcohol, THC, or another controlled substance, including something that might affect your nervous system and impair your ability to think clearly or react quickly. If you are driving with a blood alcohol level at or above 0.08%—or 0.04% for a commercial vehicle— then you are considered over the limit.

In Tennessee, you don’t have to be driving to be arrested. Anything that puts you in the position to drive could constitute an arrest, even if you’re asleep at the wheel with the keys in your pocket.

You can also still be arrested if your blood alcohol concentration is less than 0.08%. The officer has the jurisdiction to decide if you might be under the influence of other substances or if you seem otherwise impaired.

Potential Penalties for a DUI

The penalties for a DUI vary and have many components. In Tennessee, a DUI means mandatory jail time and possibly revoking your license for at least a year. The judge can determine whether to lessen your jail time by giving you probation, in which you might be asked to:

• Attend DUI school and/or a victim impact panel
• Commit to community service hours
• Get assessed for drugs and alcohol
• Participate in a rehab treatment program
• Pay restitution for any injuries or property damage

If it’s your first offense, then you could receive:

• A misdemeanor charge
• A fine of $350 to $1,500
• Jail time between 48 hours and 1 year
• License suspension for one year

Second and third offenses are more intense. A second offense could mean:

• A $600 to $3,500 fine
• 45 days to one year in jail
• License suspension for one year

Penalties for a third offense DUI could be:

• $1,100 to $10,000 fine
• 120 days to one year in jail
• License suspension for six years

You might be able to ask the judge for a restricted license, which allows you to drive to certain places, like school or work. Generally, that would require installation of an ignition interlock system that won’t allow you to drive until you’ve blown into it and proven that there isn’t any alcohol in your system.

How a Nashville DUI Attorney Can Help

Facing a DUI charge can drastically impact nearly every aspect of your life. It can affect your job, your insurance premiums, your ability to drive, and your freedom. A Nashville DUI attorney understands your options and would be able to guide you through the process. They have experience with this type of charge and understand the intricacies of the law.

A DUI attorney, like those at McNally Law, understands the court system and can help protect your rights while giving your case the time and attention it deserves.

FAQs

Q: What Is the Penalty for a First-time DUI in Tennessee?

A: The penalty for a first-time DUI can depend on other factors affecting your arrest. All convictions mandate a minimum amount of jail time, but some of the jail time can be suspended with probation. In general, a first-time offense would:

• Be classified as a misdemeanor
• Carry a fine between $350 $1500
• Mandate jail time between 48 hours and 11 months and 29 days
• Suspend your license for up to one year

Q: Do You Lose Your License Immediately After a DUI in Tennessee?

A: Your license can be revoked immediately if you refuse a breathalyzer test or if you fail it. In Tennessee, this is known as an “on-the-spot” suspension. You’ll receive a temporary paper license that lasts seven days, and you’ll have those seven days to seek a hearing to contest it. If you don’t request a hearing, then the suspension will be permanent on day eight. During the hearing, the judge will decide whether to reverse the decision.

Q: What Is the New Law in Tennessee for DUI?

A: The new law in Tennessee changed the blood alcohol concentration (BAC) threshold to 0.15% from 0.2%. The legal BAC remains at 0.08%, but if the concentration is double that, then the penalties could be much worse and include a mandatory jail time of at least seven days. The new law took effect on July 4, 2024, in hopes of curbing the number of fatal drunk driving accidents.

Q: What Is the Implied Consent Law?

A: In Tennessee, the implied consent law means that anyone who is driving consents to some type of sobriety testing. Because driving is a privilege and has the potential to be dangerous, this law is designed to help keep the roads safe. Anyone who is suspected of driving under the influence is asked to either use the breathalyzer or participate in other sobriety testing. You may refuse, but the consequences for that can result in driver’s license suspension and more.

Contact McNally Law

You have the right to defend yourself from these charges, and an experienced Nashville DUI attorney has the potential to make a difference in your case by providing aggressive defense and utilizing their experience in DUI cases.

Patrick McNally has 35 years of dedicated experience and has the ability to help you through this. Contact his office today to schedule a consultation.