Tennessee DUI Laws & Attorneys
Even if your case isn't just about impaired driving, these TN DUI lawyers will give you a hand on the phone free! - Give them a call, or visit their website, and please let them know you found them at Got-DUI-Help.com. Thanks!
Tennessee has a very old love-hate relationship with liquor. It was home to the country’s first moonshiners and was one of the first states to debate, fight about and enact prohibition. Many settlers fled to Tennessee to evade President Washington’s liquor tax. Famous for its Tennessee sipping whiskey, Jack Daniels distillery is the oldest licensed distillery in the country. Tennessee also has some of the most restrictive liquor and DUI laws in the nation.
In this state you can be charged with DUI (driving under the influence of alcohol) or a DUID (driving while under the influence of drugs) or a combination. Tennessee DUI law states that a driver with a .08% blood alcohol content (BAC) is incompetent to exercise clear judgment, maintain prudent care and control in the safe operation of a vehicle. Under Tennessee DUI law the prosecution does not require a chemical test for conviction, especially in cases where a BAC test is refused.
Every driver in Tennessee has given their ‘implied consent’ for a blood alcohol test (BAC) when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of a Tennessee DUI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Tennessee DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint or solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for a Tennessee DUI, even though you are not “legally drunk”.
After being charged with a Tennessee DUI you’re going to face two adversaries: the criminal courts, and the Tennessee Department of Public Safety (DOPS). If your license was suspended or revoked because of a DUI, you will be offered a formal hearing which you must request within 10 days after getting your notice of suspension.
Department of Public Safety hearings may be a crucial opportunity to let your Tennessee DUI defense attorney fight for your driving privileges by cross-examining and rebutting testimony, confronting evidence offered by those involved in your arrest and investigation. You may be penalized by both the DOPS and the court system, but generally sentences run concurrently (at the same time). And DOPS driving sanctions can also be imposed even if you are found not guilty in a criminal court case.
Be advised that Tennessee has an out-of-state Driver’s License Compact Agreement. This means that Tennessee DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Tennessee DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact an Tennessee DUI specialist. In any case, when you are stopped and arrested for suspicion of a Tennessee DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a Tennessee DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Tennessee DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
Law enforcement officers are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Tennessee DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Tennessee DUI Lawyer?
The penalties and numerous, complicated laws relating to motor vehicles, DUI charges and Tennessee drunk driving laws should be taken very seriously. Tennessee DUI convictions and penalties can be long lasting and severe, both in court and with the Tennessee Department of Public Safety, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A Tennessee DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a Tennessee DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A Tennessee DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Tennessee DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal carries certain penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
It is next to impossible to plea bargain a Tennessee drunk driving charge without an experienced Tennessee DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Tennessee DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a Tennessee DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Tennessee DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Tennessee DOPS and the Criminal Courts Double Jeopardy?
Like most states, Tennessee law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. Tennessee DOPS administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that Tennessee and most states have an out-of-state Driver’s License Compact Agreement, meaning that Tennessee DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Tennessee DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous Tennessee administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Can I Get a Limited Driver's License?
A restricted license is available to those who have served a minimum time of license suspension, completed all court ordered substance abuse treatment and programs. This license is used only for commuting to work, substance abuse and court ordered programs and medical treatment.
What About Enhanced Punishments For Multiple or Aggravated Tennessee DUI Convictions?
Many circumstances may lead to sentence enhancements: prior DUI convictions, the presence of a child in the car (possible felony with 30 days in jail and $1,000 fine), speeding, reckless driving and a elevated BAC level (.20%), and causing an accident with injuries or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Tennessee multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and of loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced Tennessee DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– Tennessee DUI Criminal Penalties –
1st Offense
2 days to 11 1/2 months in jail or county work house.
BAC of .20% carries minimum 7 days in jail.
1 year loss of driver’s license.
$350 to $1500 fine, plus statutory court costs.
Attend DUI school.’
Possible ignition interlock device installed on your vehicle
Possible community service.
SR – 22 "high risk" insurance policy.
A 1st DUI will cost approximately $5000 in costs (towing, bail, lawyer, court costs, DUI school, reinstatement and assorted fees).
2nd Offense
$600 to $3,500 fine.
45 days up to 11 1/2 months in jail or county work house.
2 years loss of license. After 1 year a restricted license is allowed after completion of a DUI school.
SR – 22 "high risk" insurance policy.
Mandatory DUI school or substance abuse program.
Vehicle is subject to seizure or forfeiture.
Possible mandatory installation of ignition interlock system at your own expense.
Possible community service.
3rd Offense
120 days up to 11 1/2 months in jail or county work house.
$1100 to $10,000 mandatory fine.
3 to 10 years loss of license. No restricted driver’s license.
Mandatory DUI school or substance abuse program.
Vehicle is subject to seizure or forfeiture.
Possible mandatory ignition interlock system at your own expense.
Possible community service.
4th Offense
"E" class Felony.
1 year in jail. 150 days served consecutively.
$3000 up to $15,000 mandatory fine.
5 years loss of license. No allowance for a restricted driver’s license.
Mandatory DUI school or substance abuse program.
Vehicle is subject to seizure or forfeiture.
Mandatory installation an ignition interlock system at your own expense.
Possible community service.
BAC Test Refusal
1st refusal:
1 year loss of license.
$350 to $1500 fine.
2 days to 11 ½ month in jail.
2nd offense:
2 years loss of license.
$600 to $3,500 fine.
5 days to 1 year in jail.
Possible substance abuse program.
3rd offense:
3 to 10 years loss of license.
$1,100 to $10,000 fine.
120 days to 1 year in jail.
Underage DUI
.02% or DUI with any alcohol detected.
2 days to 11 ½ months in jail or county workhouse.
1 year loss of license.
$250 fine
Community service.
– Tennessee Department of Safety DUI Penalties –
1st Offense
1 year loss of license.
$350 to $1,500 fine.
2 days to 11 ½ months in jail.
2nd Offense
2 years loss of license.
$600 to $3,500 fine.
45 days to 11 ½ months in jail.
Substance abuse assessment and program.
Prior conviction within 5 years:
Mandatory ignition interlock program for 6 months after reinstatement of license.
Vehicle subject to seizure and/or forfeiture.
3rd Offense
$1,100 to $10,000 fine.
4 months to 11 ½ years in jail.
No restrictive license.
3 years to 10 years loss of license.
DUI school.
Vehicle subject to seizure or forfeiture.
Or ignition interlock device installed.
4th Offense
Felony.
$3,000 to $15,000 fine.
Minimum 150 days to 1 year in jail.
5 years loss of license.
No restricted license.
DUI school.
Vehicle subject to seizure or forfeiture.
Or ignition interlock device installation for 6 months after license reinstatement.
Underage DUI
1st offense:
$350 fine.
Possible 1 year loss of license.
2 days to 7 days in jail (depending on BAC).
24 hours highway clean-up.
DUI school.
2nd offense:
Vehicle subject to forfeiture.
BAC Refusal
1 year loss of license.
$350 to $1500 fine.
Substance Abuse assessment and treatment program and./or DUI school.
2nd offense:
$600 to $3500 fine.
2 years loss of license.
Substance Abuse assessment and treatment program and/or DUI school.
3rd offense:
$110 to $10,000 fine.
3 to ten years loss of license.
Substance Abuse assessment and treatment program and/or DUI school.
Commercial Driver’s License
1st offense 1 year license suspension.
3 years suspension for DUI while hauling hazardous material.
2nd Offense permanent disqualification.
– Disclaimer –
Only experienced Tennessee DUI attorneys should provide you with bonified legal advice concerning Tennessee DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited Tennessee DUI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Tennessee DUI attorney specializing in DUI cases.
– Citations –
Tennessee Code, Section 55-10-401- 418-406(a)-603(2)(A)(x) or 50-502(c)(3)(ii).
Contact Us:
1150 Foster Avenue
Nashville, TN 37243
Call Center:
(615) 253-5221
1-866-849-3548 (Toll Free)
