As of July 1, 2024, new laws take effect which significantly impact Driving Under the Influence in Tennessee.
Previously a DUI 1st Offense with a blood alcohol content of 0.20, which is two and a half times the legal limit, carried a mandatory minimum 7 days in county jail. The mandatory minimum jail sentence for a blood level above 0.08 up to 0.199 previously carried a minimum sentence of 48 hours. Under the new law, any DUI 1st offense with a blood alcohol content of 0.15 and higher now carries the mandatory minimum 7 days. This only allows offenses between 0.08 and 0.149 to be eligible for the mandatory 48-hour weekend jail sentence.
Many who find themselves reviewing a report of their blood alcohol content from one of their worst nights are surprised at how simple it is for a person’s alcohol level to be 0.15. It is quite frequent that we review reports with levels meeting that level and higher.
The issue with changing the threshold for jail time does not just provide consequence for 1st offenses. Any jail time included in Tennessee law for DUI offenses is a mandatory minimum. A second offense carries a minimum of 45 days regardless of blood level. A third offense is a minimum of 120 days and a fourth or more carries a minimum 150 days. These minimums can be affected by the change in punishment created by the legislature for first offenses. For example, someone may be charged with DUI 2nd offense with the prior conviction being 8 years ago. They acknowledge the mistake made the first time and complete the consequences of a conviction. The second time, their blood level is reported to be 0.16. If it were a first offense, the minimum 7 days is three times the amount of jail time for a level below 0.15. Due to it being a second offense, is it a serious question whether any Judge would sentence the individual to a minimum 45 days or multiple the jail sentence by 2 or 3 times. That person may receive 90 or 100 days simply due to a narrowing of the ranges.
We work with clients every day facing these real challenges which require strategic representation. The threshold at 0.20 made logical sense and served a purpose. Lowering that threshold to 0.15 doesn’t appear to have purpose other than putting good people in jail for three times as long for a single mistake. Yet the difference is often employment, insurance for themselves and their family, retirement and mortgages.
Having heard thousands of recitations of nights preceding DUI arrest, even I cannot tell you how much alcohol will breech the 7 days level. Now the threshold is lowered where as little as 4-5 beers over several hours could well carry a 7 day minimum mandatory sentence. DUI has always been a serious charge and the stakes just got higher.
Frank Lannom and Tyler Stanfield