DUI in TN | Laws, Penalties, and How To Beat Your DUI Charges
TN DUI Guide
What is a DUI in TN?
A DUI, or Driving Under the Influence, is a criminal offense in Tennessee that occurs when a person operates a motor vehicle while impaired by alcohol or drugs. This impairment poses a significant risk to the driver, passengers, and other road users, making DUI a serious crime with severe consequences.
In addition to alcohol and illegal drugs,
DUI charges can also result from prescription or over-the-counter drugs if they impair a person's ability to drive safely. The key factor in determining a DUI charge is the driver's level of impairment, regardless of the substance causing it.
Top TN DUI Questions
Have more questions? Check out the TN DUI Frequently Asked Questions
Tennessee DUI Laws
Blood Alcohol Concentration - (BAC) Limit
In Tennessee, as in most other states, a person can be charged with DUI if their Blood Alcohol Concentration (BAC) meets or exceeds the legal limit. The legal BAC limit varies depending on the driver's age and the type of vehicle being operated.
TN BAC Limits by Age and Offense
| Standard Drivers (21 years and older) | 0.08%+ |
|---|---|
| Commercial Auto and Boat Drivers | 0.04%+ |
| Underage Drivers (under 21 years old) | 0.02%+ |
| Aggravated Homicide | 0.20%+ |
| Aggravated DUI (7 consecutive days in jail) | 0.20%+ |
A person can be charged with a DUI even if their BAC is below the legal limit if their driving is deemed impaired due to the consumption of alcohol or drugs.
Implied Consent Law
“Refusal to Blow”
Refusing a Blood Alcohol test as a driver may have serious consequences under Tennessee’s Implied Consent Law. If a driver refuses to submit to a breath, blood, or urine test, they can face a license suspension and potential ignition interlock requirements.
If the driver has prior DUI convictions or is involved in an accident causing injury or death, the penalties for refusing to blow in TN can be even more severe.
Refusing a chemical test does not guarantee avoiding a DUI charge or conviction. Law enforcement officers will gather other evidence of impairment through observations, field sobriety tests, and witness testimony, which can be used to support a DUI charge in court.
Understanding and complying with the
Implied Consent Law can be essential in avoiding additional penalties and complications in a DUI case.
Open Container Law
Tennessee's open container law prohibits DRIVERS ONLY, not passengers, from possessing an open alcoholic beverage container within the passenger area of a motor vehicle while on a public highway or right-of-way.
Violating this law can result in fines and penalties and may also contribute to a DUI charge if the driver is found to be under the influence of alcohol.
This TN law is different than many states' open container laws since it
doesn’t prohibit passengers from having or consuming an open alcoholic beverage.
PASSENGERS ARE ALLOWED TO HAVE AN OPEN ALCOHOLIC BEVERAGE IN A MOTOR VEHICLE IN TN, BUT NOT DRIVERS.
Zero-Tolerance for Underage Drunk Drivers
Tennessee enforces a zero-tolerance policy for underage drunk drivers, which means that drivers under 21 found with a Blood Alcohol Concentration (BAC) of 0.02% or higher can be charged with a DUI.
This policy aims to
discourage underage drinking and driving and protect teen drivers and others from impaired driving. Violation of this policy can result in severe penalties, including
license suspension,
fines, and
mandatory alcohol education programs.
Here are the TN DUI laws we reference in this article. Knowing the law is the first step in developing a sound defense against a DUI charge.
What Happens When You Get a DUI in TN?
TN DUIs are divided into three main aspects: the arrest, charge, and case. Hiring a DUI attorney that understands Drunk Driving Laws in TN and will help you through each step of the process is crucial to protecting your freedom.
DUI Arrest
Tennessee law enforcement officers may initiate a DUI arrest through traffic stops or DUI checkpoints if they have reason to believe a driver is impaired.
Traffic Stops with DUI
DUI Checkpoints
During these stops, officers may administer
field sobriety tests and request a
breathalyzer or
blood test to gather
evidence of the driver's impairment. Refusal to comply with these tests can result in additional penalties under
Tennessee's Implied Consent Law.
*Officers can still use other observations, such as erratic driving, slurred speech, and the smell of alcohol, as evidence to support a DUI charge
DUI Charge
When charged with a DUI in Tennessee, the specific charges brought against an individual may vary depending on numerous factors.
Factors in DUI Charges
Prior DUI offenses
Nature of the DUI arrest
Criminal record of the accused
Overall threat to public safety
The type of DUI you’re charged with will influence how severe the penalties and consequences will be if you’re convicted of your DUI charges.
Types of DUI Charges
First-offense DUI
Felony DUI
Misdemeanor DUI
Aggravated DUI
Motorcycle DUI
Commercial DUI
Boating Under the Influence (BUI)
Ultimately, the District Attorney's office will determine specific DUI charges based on the available evidence, taking into account the unique circumstances of each case and the severity of the offense.
DUI Case
When you go to
court for a DUI case, you may face a series of legal processes that follow your arrest and charge.
Navigating court process and procedures during a DUI case can be challenging, and it is essential to seek the assistance of an
experienced DUI attorney who can help you understand your rights and options.
With the right legal strategy and a strong defense, you might be able to
get your case dismissed or, at the very least,
minimize the consequences of a DUI conviction.
TN DUI Court Process
Booking and Bail Bond
Arraignment
Preliminary Hearing
General Sessions Court
Grand Jury
Criminal Trial
Sentencing & Appeals
TN DUI Penalties and Consequences
TN DUIs are divided into three main aspects: the arrest, charge, and case. Hiring a DUI attorney that understands Drunk Driving Laws in TN and will help you through each step of the process is crucial to protecting your freedom.
Tennesee DUI Penalties
The penalties for a DUI conviction are ultimately up to the court to decide, however TN law dictates minimum and mandatory penalties for violators of drunk driving.
First and Subsequent Offense DUI Penalties
| Offense | Felony DUI Charge? | Fines | Jail Time | Revoke License | Vehicle Seizure | DUI Interlock Device | Substance Abuse Treatment |
|---|---|---|---|---|---|---|---|
| 1st DUI | NO | $350-$1,500 | 48 hours up to 11 months, 29 days | 1 Year* | NO | YES at driver’s expense | YES |
| 1st DUI BAC 0.20+ | NO | SAME | 7 consecutive days up to 11 months, 29 days | NO | SAME | SAME | SAME |
| 2nd DUI | NO | $600-$3,500 mandatory | 45 days to 11 months, 29 days | 2 Years* | YES | YES at driver’s expense** | YES |
| 3rd DUI | NO | $1,100 to $10,000 mandatory | 120 days to 11 months, 29 days | 6 Years* | YES | YES at driver’s expense** | YES |
| 4th+ DUI | YES | $3,000 to $15,000 mandatory | 1 Year (365) days of jail time, minimum of 150 consecutive days | 8 Years* | YES | YES at driver’s expense** | YES |
*Restricted license available.
**If two (2) convictions of DUI in 5 years, Ignition Interlock Device is
required for six months after license reinstatement.
TN Implied Consent Penalties
In addition to license revocation, violating the Implied Consent Law in TN could result in being required to have an ignition interlock device permanently in any vehicle you operate if convicted of DUI.
| Implied Consent Offense | License Revocation |
|---|---|
| First Offense | 1 Year |
| Second Offense | 2 Years |
| Crash resulted in bodily injury | 2 Years |
| Crash resulted in a death | 5 Years |
Penalties for Serious DUI Offenses
| Offense | Felony Class | Jail Time | License Revoked | Fines |
|---|---|---|---|---|
| Vehicular Assualt | D | 2 to 12 years | 1 to 5 Years* | $5,000 |
| Aggravated Vehicular Assualt | A | 15 to 60 Years | 1 to 5 Years* | $50,000 |
| Child Endangerment - Injured Child Passenger | D | 2 to 12 years | YES | $5,000 |
| Child Endangerment - Child Passenger Dies | B | 8 to 30 years | YES | $25,000 |
| Vehicular Homicide | B | 8 to 30 years | 3 to 10 Years* | $25,000 |
*NO Restricted license available.
TN DUI License Reinstatement Fees
| Offense | Reinstatement Fee | SR-22 Financial Responsibility Filing Fee | Failure to Surrender License | Reapply & Pay for License | TN DUI Certification Fee |
|---|---|---|---|---|---|
| Implied Consent “Refusal to Blow” | $100 | $50 | $75 | Standard Fees | $3 |
| Drug-Free Youth Act (Ages 13-17) | $20 | $50 | $75 | Standard Fees | $3 |
| Underage Possession of Alcohol (Ages 18-21) | $20 | $50 | $75 | Standard Fees | $3 |
Open Container Penalties in TN
In Tennessee, an open container violation is classified as a Class C misdemeanor. Those convicted may face fines up to $100 but will not receive jail time. Typically, violators are issued a citation rather than being detained, although refusal to accept the citation or the presence of other circumstances may lead to arrest.
While a
violator's driver's license will not be suspended or revoked due to an open container violation, such an infraction may increase the penalties associated with a driver's license for a subsequent DUI conviction.
Consequences of a TN DUI Charge
Getting a DUI in TN brings more than just legal consequences. A DUI can be an extremely costly affair, both financially and emotionally. DUIs in TN can bring everything from a 46% increase in insurance premiums to guilt for harm or death caused by drunk driving.
Financial DUI Consequences
Increased insurance costs (SR-22)
Vehicle towing, storage, or impound fees
Vehicle, property, and bodily damage from accidents
Other civil action from victims
Emotional DUI Consequences
Guilt from death or harm caused by drunk driving
PTSD when driving or consuming drugs or alcohol.
DUIs can jeopardize one’s freedom, money, and driving privileges, as well as the safety and well-being of other passengers, pedestrians, and drivers on the road.
How Much Does a DUI Cost in TN?
The average total cost of a DUI in TN is $5,000 to $15,000. A DUI could cost you a lot more, depending on the circumstances around your arrest, charge, and your DUI case overall.
How Much Does a TN DUI Attorney Cost?
The cost of
hiring a DUI attorney in Tennessee can vary greatly depending on factors such as experience, reputation, and case complexity.
Murfreesboro DUI attorneys may charge a retainer of
$2,000-$3,000 to get started on your first offense, with hourly rates ranging from $250 to $500 per hour. The total cost for complete case representation typically ranges from
$2,500 to $10,000.
More serious DUI charges like
Felony DUI or
Vehicular Homicide or Assault can increase your legal representation costs, even more, depending on the circumstances around your case.
DUI Cost Factors
DUI arrest circumstances
Previous driving and criminal record
Property damage
Bodily injury or death
Aggravated DUI circumstances
Vehicle seizure or forfeiture
Job or business loss after DUI
How to Beat a DUI in TN
Successfully beating a DUI charge in Tennessee often requires the expertise of an experienced DUI attorney who can develop a strategic defense plan tailored to your specific case.
There are no guaranteed ways to beat a DUI charge, however, there are strategies used to
challenge your DUI charges and possibly get them
dismissed
or reduced.
Beating a DUI Takes Strategy
Employing these tactics and crafting a strong defense can increase your chances of obtaining a favorable outcome in DUI court.
The goal is to ensure that your rights are protected and that the evidence presented against you is accurate and credible, and
moving to dismiss them in your DUI case
when appropriate.
Strategies to Beat a DUI
1. Hire an experienced DUI attorney.
2. Challenge the validity of the traffic stop.
3. Dispute the results of field sobriety tests.
4. Challenge the accuracy of breathalyzer or blood tests.
5. Prove a medical condition or other factors affecting the test results.
6. Present a strong DUI defense in court.
Hire an Experienced Attorney When Facing a DUI in TN
Facing a DUI charge in Tennessee can be a daunting and life-altering experience. To navigate the complexities of the legal system and increase your chances of a favorable outcome, it is crucial to hire an experienced DUI attorney who understands the intricacies of Tennessee's DUI laws.
A
skilled attorney can provide the guidance, support, and aggressive representation needed to
protect your rights and help you
move forward from a DUI arrest.
Experienced DUI Attorneys in Murfreesboro, TN
Slager Law Firm is a reputable criminal law firm located in Murfreesboro, TN, specializing in DUI cases and dedicated to providing exceptional legal representation. The firm was founded by a former Murfreesboro Police Officer, bringing valuable insights and firsthand experience to client cases.
With a deep understanding of the local legal landscape and a commitment to protecting client rights, Slager Law Firm is a reliable choice for those facing
DUI charges in Murfreesboro and the surrounding areas.
TN Counties Served by Slager Law Firm
Rutherford County
Wilson County
Bedford County
Coffee County
Cannon County
TN DUI Resources
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Why Choose Slager Law Firm?
FormerPoliceOfficer
Multiple First Degree Murder Cases
1000+ Cases on Record
5
Counties Served
