The legal consequences for DUI are by far the most complex in the Tennessee legal system. Following is a comprehensive overview of Tennessee DUI penalties:
Driving Under the Influence (DUI):
- DUI 1st Offense: A minimum sentence of 48 hours in the county jail or workhouse up to 11 months and 29 days. If the person’s blood alcohol level is .20% or higher a minimum sentence of 7 consecutive days must be served. A fine not less than $350.00 nor more than $1,500.00 will be imposed in addition to court costs. The offender shall be prohibited from driving for a period of 1 year. If blood alcohol was .20% or higher 24 hours of litter pick up is mandatory.
- DUI 2nd Offense: A minimum sentence of 45 days in the county jail or workhouse up to 11 months and 29 days. After sentencing the person, the judge may order the person to participate in a substance abuse treatment program, including aftercare treatment recommended by a licensed certified by the department of mental health and a certified drug court. The court can do this after the service of 25 consecutive days in jail. A fine not less than $600.00 nor more than $3,500.00 will be imposed in addition to court costs. the offender shall be prohibited from driving for a period of 2 years.
- DUI 3rd Offense: A minimum sentence of 120 consecutive days in the county jail or workhouse. After sentencing the person, the judge may order the person to participate in a substance abuse treatment program, including aftercare treatment recommended by a licensed certified by the department of mental health and a certified drug court. The court can do this after the service of 65 consecutive days in jail. A fine not less than $1,100 nor more than $10,000.00 shall be imposed in addition to court costs. The person shall be prohibited from driving for a period of 6 years up to 10 years.
- DUI 4th or 5th Offense: A minimum sentence as a Class E Felon to serve 150 consecutive days nor more the maximum sentence for a Class E felon (up to 6 years) A fine not less than $3,000.00 up to $15,000.00 shall be imposed in addition to court costs. The person shall be prohibited from driving for a period of 8 years. Extensive community service for any prescribed period can be levied in addition to any number of other penalties.
- DUI 6th Offense or higher: A minimum sentence as a Class E Felon to serve 150 consecutive days nor more than the maximum sentence for a Class E felon (up to 15 years). A fine not less than $3,000.00 up to $15,000.00 shall be imposed in addition to court costs. The person shall be prohibited from driving for a period of 8 years. Extensive community service for any prescribed period can be levied in addition to any number of other penalties.
Vehicle Forfeiture: The State can seize the person’s vehicle in the case of a DUI if the vehicle used in a person’s second or subsequent conviction of DUI, or if one of the previous convictions occurred within five years of the current conviction.
Additional or “Enhanced” Penalties for DUI: If the person convicted had a child under the age of 18 years in the car at the time of the offence, a mandatory minimum sentence of 30 days will be assessed in addition to the otherwise stated minimum sentence. Also, there will be levied a fine of $1,000.00 in addition to the fine for the appropriate DUI conviction.
The following two penalties are not “enhancements” of the DUI laws, but are statements of existing Tennessee law pursuant to Vehicular Assault. 1) If the child suffers serious bodily injury, it shall be punished as a Class D felony (up to 10 years), and 2) If the child is killed as a proximate result of the violation, it is a Class B felony (up to 30 years).
Monitoring: A person convicted may be ordered to be subjected to:
- Transdermal monitoring for alcohol or drug testing;
- Electronic monitoring with random drug and alcohol testing;
- GPS monitoring;
- or any other device or monitoring.
If the Court orders Monitoring, the company in charge of this monitoring shall require periodic reporting for verification; require the device monitored for proper use and accuracy at least every 30 days; and immediately report any violation to the court.
Additional DUI Sentencing Information: The time between the actual sentence served and the maximum sentence shall be served on probation and sentences ordered to be served shall be commenced within 30 days of conviction if space is available or as soon as possible if not available.
Under Age Driving While Impaired: This charge is limited to people 16-18 years of age with a blood alcohol content of .02 or greater or who are otherwise under the influence. If convicted, it is punishable by a driver’s license suspension of 1 year, a $250.00 fine, and public service work. A restricted license is now available upon petition to the Court.
Violation of Tennessee’s Implied Consent Law
Penalties for violation of the Implied Consent Law (TCA 55-10-407) pertain mostly to driver’s license suspension but can involve jail time and fines.
The court shall revoke the license of the driver for a period of:
- 1 year if the person does not have a prior conviction violation of the Implied Consent Law;
- 2 years if the person does have a prior conviction violation of the Implied Consent Law;
- 2 years if the person is involved in an accident, in which one or more persons suffered serious bodily injury;
- 5 years if the person is involved in an accident in which one or more persons are killed.
These license suspensions shall be CONSECUTIVE to any suspension for a DUI conviction if the court finds the driver had, as an adult or juvenile, a violation within 5 years of the current violation of: Implied Consent, Underage Driving while Impaired, the Open Container Law, or Reckless Driving that stemmed from a DUI offense. If the Court finds that the driver’s license was revoked due to a prior conviction of DUI, it is a criminal offense that carries a minimum mandatory jail sentence of 5 days up to 11 months and 29 days and a fine of not more than $1,000.00.
**There are certain eligibility requirements for substance abuse programs that can offset sentencing requirements. Please see Sentence Reduction Credits for more information.