DUI - DWI
Legal Information Center
Each year, over 500,000 people are charged with the crime of DUI. Most people will know someone who will be "pulled over" and accused of Driving Under the Influence. This experience will be traumatic for many people.
If you have experienced this, read the following or call one of our experienced DUI attorneys to assist in defending your criminal charges.
Although a DUI is considered a misdemeanor in Tennessee, (unless it's your fourth or greater offense), the potential range of punishments can be extremely severe and will often limit one's personal freedoms if convicted of Driving Under the Influence.
In order to be found guilty of a DUI (T.C.A. § 55-10-401) and (T.C.A. § 55-10-403), the state must prove beyond a reasonable doubt that an individual was:
1) In physical control of any automobile or motor driven vehicle
2) Operated on any public roads or any premises frequented by the public
3) That the person was Under the Influence of alcohol or drugs; or the alcohol concentration in the person's blood or breath is (.08) or more.
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What happens to first time
offenders in Tennessee?
Click here to view DUI sentencing chart
If convicted of a DUI, a person could receive a sentence of up to 11 months and 29 days in jail, with a required minimum of 48 hours in jail. (T.C.A. § 55-10-401) and (T.C.A. § 55-10-403)
Fines / Fees/ Expenses
Minimum $350. Maximum of $1,500. The state estimates that a first offense DUI (Driving Under the Influence) charge could add up to about $5,000 in fines and related expenses in addition to attorney's fees.
License Revocation
License revocation for 1 year.
Education
Court ordered participation in alcohol and drug safety DUI school or drug offender school program if available.
Restitution
Payment of restitution if physical injury or personal loss were involved and you are economically capable of making such restitution.
Community Service
As directed by the court.
Assessment / Treatment
Depth of treatment is determined by assessment. Participation in an alcohol safety DWI program is required as part of probation.
Aggravated Drunk Driver
If your BAC was .20% or greater, you are considered an "aggravated drunk driver", subject to a minimum jail time of seven (7) consecutive calendar days.
Restricted License
You can obtain a restricted license if no prior DUI and no other revocations or suspensions are against your driving record. You will have to:
1. Obtain an order from the judge.
2. Pay a $67.00 driver license fee.
3. File expensive, SR-22 insurance (required for up to 5 years).
4. Show proof of liability insurance in effect on date of violation.
5. Take complete driver license examination (eye, law, and road).
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Violation of Implied Consent
If you refuse a breath, blood, or urine test, your license will be revoked for 12 months, or 24 months if a crash resulted in bodily harm, or 5 years if a crash resulted in death.
Under 21
You are DUI if you had any alcohol at all in your system. Penalties listed for underage drivers with a BAC greater than 0.02% are loss of license for a year, a $250 fine and public service.
What should I do if I am
arrested for DUI?
1. Politely provide driver's license, vehicle registration and insurance card.
2. If you have been stopped for a traffic violation, allow officer to issue citation.
3. Do not consent to any search of your vehicle, person or other property without an attorney present.
4. Once citation is issued, if officer does not immediately allow you to leave, ask if you are free to go.
5. If the answer is, "No," then you should assume that you are under arrest, and ask to speak to your attorney.
6. Do not answer any questions or voluntarily submit to any field sobriety tests.
Most importantly, the need to obtain an experienced DUI attorney is often vital to preserving possible legal defenses to your charges. Although the general information above may prove helpful, each DUI charge is different. The sooner a DUI attorney is retained, the more likely an attorney will be able to minimize or defeat the charges of DUI or the Violation of Implied Consent.
Contact us here for a free initial consultation.
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