Tennessee DUI Penalties
Facing DUI Charges in Tennessee?
Tennessee has strict laws regarding DUI offenses. The specific consequences vary from case to case depending on the age of the driver, previous offenses and the details of the case. In order to be facing penalties, you must have shown a Blood Alcohol Content (BAC) level above the legal limit. If you are under age 21, you could be facing DUI penalties if you were caught driving with a BAC of .02% or above.
If you are 21 years or older, your BAC limit is .08% and if you are caught driving above that limit, you could be facing penalties. There are also penalties if you refuse to perform a chemical test in Tennessee. If you are facing DUI charges in Memphis, contact The Claiborne Ferguson Law Firm, P.A. right away. Our Memphis criminal defense lawyers are familiar with DUI cases and can help you fight against your charges.
Charged with a first offense DUI in TN? Contact our Memphis legal team at (901) 878-5434 to schedule a free consultation.
Penalties Under Implied Consent Law in TN
Tennessee has an implied consent law that requires drivers to submit to at least one chemical test when arrested for a DUI. There are immediate penalties if a driver should refuse to perform the test. For the first offense under implied consent law, a driver is facing a one year license revocation plus a fine. Should they refuse to perform a test on another occasion, the penalty increases to a two year license revocation plus a fine. If you have questions about the implied consent law or how to fight against your license revocation, contact our firm.
Tennessee Drunk Driving Penalties
The criminal penalties for DUI are harsh. The breakdown of penalties includes:
First Offense DUI Penalties in TN:
- A jail sentence between 48 hours and 11 months
- A fine between $350 and $1,500
- A one year license suspension
- Possible ignition interlock device
Second Offense DUI Penalties in TN:
- A jail sentence between 45 days and one year
- A fine between $600 and $3,500
- A two year license suspension
- Possible ignition interlock device
Third Offense DUI Penalties in TN:
- A jail sentence between 120 days and one year
- A fine between $1,100 and $10,000
- A license suspension between three and 10 years
- Ignition interlock device
Fourth Offense DUI Penalties in TN:
- Charged as a felony
- A jail sentence between 150 days and six years
- A fine between $3,000 and $15,000
- A license suspension between five years to indefinite
- Ignition interlock device
For the first two offenses, an ignition interlock device could be ordered if the driver's BAC was above .15 or if they had a passenger under age 18 in the vehicle. There are further penalties that could be ordered on top of these. A DUI conviction can also come with an order for alcohol safety programs, litter pick up and vehicle seizure. If you have questions regarding the penalties for your DUI offense, do not hesitate to give us a call.
Our Memphis DUI Lawyers Can Help!
In Tennessee, there is the possibility of pleading guilty to a lesser offense than DUI. Oftentimes, in order to receive a guilty plea, the court will agree to a conviction of "wet reckless" rather than DUI. This offense involves reckless driving involving alcohol, but it has lesser penalties and does not appear as a DUI on your record. While this plea bargain is not guaranteed to be accepted, with the help of a skilled attorney you have a better chance.
Contact The Claiborne Ferguson Law Firm, P.A. online or call (901) 878-5434
to schedule a free case evaluation with one of our Memphis DUI attorneys. We have over 35 years of experience handling DUI cases and may be able to help you get your charges dropped or reduced.
We take the time to answer all your questions, explain your options, and ensure that your rights are protected every step of the way.
Blog & FAQ Stay Updated
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Will I Go to Trial?Depending on your case and the way that your attorney approaches the case. If you and your attorney are able to reach a resolution through negotiations before trial, that you may not have to go to court. But if a remedy cannot be reached than you will have to go to trial. There are times that a case is dismissed before trial so there is a chance that your will not have to appear in court.
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The Police Are Asking to Search My Car. Should I Let Them?No. As a U.S. citizen, you have rights to protection from unlawful search and seizure, which means that officials must have your consent or a warrant in order to search your person as well as places such as your car, home, or office.
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The Police Officer Says That It Will Go Better for Me if I Confess. Should I?No. It is true that a deal may be worked out in exchange for a guilty plea in some cases; however, it is also important to know that police officers can lie to you in order to elicit information or a confession. With this being said, it is crucial that you do not confess or deny anything until you can speak with a legal representative.
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