Aggressive, Professional, and Dynamic Representation

Driving Under the Influence (“DUI”) charges can have severe consequences, depending on your prior criminal history and the circumstances of the incident. Whether you seek legal representation for an underage offense or vehicular, we can help. With our experience and training, our firm will build an aggressive and unique defense to fight your DUI charge.

What Constitutes a DUI?

The “per se” blood alcohol level at which Tennessee presumes a driver to be drunk is set at 0.08. Those under the age of 21 with a BAC of 0.02 while driving, even if not drunk, can still be charged with a DUI under Tennessee's "zero tolerance" law.

What are the Penalties for DUI in Tennessee?

Tennessee has a mandatory minimum jail time for first-time DUI offenders. You will get at least 48 hours in jail, unless your BAC was 0.20 or higher, in which case your minimum will be much higher at 7 days.

First Offense

The maximum sentencing you can receive for a first-time DUI offense includes the following:

  • Up to 11 months and 29 days in jail

  • Fine of $350-1,500

  • License revocation for 1 year

  • Mandatory alcohol and drug treatment program

Second Offense

The maximum sentencing you can receive for a second DUI offense includes the following:

  • Up to 11 months and 29 days in jail

  • Fine of $600-3,500

  • License revocation for 2 years

  • Mandatory alcohol and drug treatment program

  • Ignition Interlock Device

Third Offense

The maximum sentencing you can receive for a third DUI offense includes the following:

  • Up to 11 months and 29 days in jail

  • Fine of $1,000-10,000

  • License revocation for 6 years

  • Mandatory alcohol and drug treatment program

  • Ignition Interlock Device

Underage DUI

Penalties for a youth between the ages of 16 and 20 found guilty of impaired driving include a 1-year revocation of their license, a $250 fine, and court-imposed community service.

When Does a DUI Become a Felony in Tennessee?

In the event of a DUI, you could face much more severe penalties if you have seriously harmed or killed another person. Vehicular assault, or causing serious injury to another person due to your impaired driving, is a Class D felony subject to:

  • 2-12 years in prison

  • A fine up to $5,000

  • 1-5 years of license revocation (depending on prior DUIs)

Vehicular homicide, or killing another person in a drinking-and-driving accident, is a Class B felony punishable by:

  • 8-30 years in prison

  • A fine up to $25,000

  • License revocation for 3-10 years and no restricted driver’s license

What is Tennessee’s “Implied Consent” Law?

Tennessee also has “implied consent” laws for testing your blood alcohol level. This law states that anyone who operates a motor vehicle has implicitly complied to a chemical test to determine their blood alcohol content (BAC). If you refuse to submit to a test when requested, you could face license revocation for 1-2 years, depending on your case.

Field Sobriety Tests

The Standardized Field Sobriety Test (SFST) is made of up 3 individual tests:

  • Horizontal Gaze Nystagmus (HGN) test - In this test the officer will observe their eyes as they slowly move a pen or small object back and forth to look for indicators that the person is impaired.

  • Walk-and-turn test - In this test, the officer instructs the person to take nine steps in a straight line and the return back. The officer is looking for signs that the person is impaired such as not being able to keep their balance or not following the instructions properly.

  • One-leg stand test - In this test, the officer instructs the person to stand with one foot off the ground and hold it for about 30 seconds. The officer looks for signs of impairment such as swaying, hoping or using their arms to balance.

    Drug Crimes

    What are the Penalties For Drug Crimes?

    If you've been caught in possession of drugs in Tennessee, you could face a number of charges depending on the amount and type of drugs, your criminal history, and the type of action involving the drug. Possible penalties include:

    • Forfeiture of property

    • Suspension of driver's license

    • Jail and/or prison time

    • Fines

    • Probation

    • Community service

    Further, note that a felony conviction can carry additional consequences, such as loss of voting and firearm privileges, large fines, and exclusion from certain places of employment.