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Penalties for a DUI in Tennessee

By Nathan Moore

Republish: EasyPublish™ Published: 23Oct2009 Word count: 626 Viewed: 356 time(s) Get Free Content For Your Site

There are a variety of penalties for a DUI specific to Tennessee. Your past record, level of intoxication and circumstances of your arrest all carry with them various factors related to your potential punishment. This is a brief overview of what you can expect if you are found guilty of a DUI within the State of Tennessee.

Even for a first offender, the minimum penalties include jail time. A first time offender can expect to spend a minimum of 48 hours in jail. If you offer a blood or breath test, and your blood alcohol content is over 0.20, the minimum jail sentence is 7 days, which must be served consecutively. You will have to attend a DUI school and will owe court costs (which vary depending on your case) and pay a minimum $350 fine. You also lose your license for one year and could be ordered to put an ignition interlock device on your car. The court can also order drug and alcohol treatment if there is indication you have a substance abuse problem.

For a second time offender, the punishments get even more severe. A minimum 45 day jail sentence is required, as well as an increase in the minimum fine from $350 to $600. You lose your license for two years, and cannot obtain a restricted one until after the first year. Like a first offense, DUI school is required. Additionally you could have your vehicle forfeited and an interlock ignition device could be ordered installed on your vehicle.

A third offense DUI gets even more severe. Though still a misdemeanor, the penalties closely mirror that of the more serious felony fourth DUI offense. A third offense DUI carries a minimum of 120 days in jail. You lose your license for 3 to 10 years, with no prospect of receiving a restricted license. As with a second offense, you must attend DUI school and can have your car forfeited. The minimum fine amount is $1100.

A fourth offense and every offense thereafter is considered a Class E felony. The minimum jail time for a fourth offense DUI is 150 days. The minimum fine amount increases to $3,000 and your license will be revoked for a minimum of 5 years with no eligibility for a restricted license. As with a second and third offense, you must attend DUI school, could have your vehicle forfeited and could be ordered to install an ignition interlock device on your vehicle.

Additional punishments can be levied if someone is killed due to a DUI driver, or if a child is injured who is under the age of 13. Additionally, there are penalties for not submitting to a blood alcohol test that can range from 1 to 5 years loss of license, depending on the circumstances and one's prior record. The implied consent law is a civil penalty, however, and does not carry with it any potential jail time. The interlock device requires one to blow into it each time before starting his or her car, and periodically thereafter. It usually costs several hundred dollars a year to maintain, and that cost is borne by the offender.

First through third DUI offenses are all misdemeanors, but all can carry up to 11 months and 29 days in jail. So, the minimums above are not necessarily the sentences always imposed. Judges and assistant district attorneys often consider the underlying facts and history of the individual being charged and convicted when determining the proper level of punishment. The minimum offenses are welcome if one is truly guilty, but they are not required to be offered by the state. Sometimes, if the facts are in one's favor, the amended charge of Reckless Driving, which is a Class B misdemeanor, can be negotiated. However, Reckless Driving is not a lesser charge of DUI and cannot be instructed at trial.

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