DUI

To be charged with a DUI, it generally means that a police officer (1) observed you driving a vehicle and (2) found your blood alcohol level to be above the legal limit. Element (1) can also be satisfied even if you are found behind the wheel of a parked car and element (2) can be satisfied even if your blood alcohol level is below the legal limit, so long as you exhibit certain signs of impairment. Police officers are specifically trained to observe the following signs of impairment to justify an arrest for DUI: 

1. Abrupt acceleration or deceleration of your vehicle,
2. Drifting in and out of traffic lanes,
3. Slurred speech,
4. Bloodshot/glassy/watery eyes,
5. Poor balance,
6. Swaying, staggering, or stumbling,
7. Emotional or moody behavior,
8. Odor of alcohol or other drugs.

If enough of these signs are observed by the officer, you will likely be charged with a DUI regardless of your blood alcohol level. 

T.C.A. § 55-10-401 is the statute that defines Tennessee’s laws on driving under the influence. It reads:

It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park, or apartment house complex, or any other premises that is generally frequented by the public at large, while:

1. Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess;
2. The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (0.08%) or more; or
3. With a blood alcohol concentration of four-hundredths of one percent (0.04%) or more and the vehicle is a commercial motor vehicle as defined in § 55-50-102.

DUI penalties in Tennessee are harsh. They may include mandatory installation of an ignition interlock device in your car, license revocation, and jail time, which is why it is imperative that you hire a criminal defense attorney that knows the nuances of DUI sentencing. Below are the penalties associated with each type of DUI pursuant to T.C.A. § 55-10-402: 

For a first DUI: 

1. Serve a minimum of two days in jail with a maximum of 11 months and 29 days in jail,
   1. If your BAC was .20 or greater, a minimum of seven days in jail is required,
   2. If you had a passenger under the age of 18, a minimum of 30 days in jail is required,
2. Driver’s license revocation for one year (can obtain a restricted driver’s license) followed by several fees,
   1. License reinstatement fee of $100.00,
   2. SR-22 financial responsibility filing fee of $50.00,
      1. This is high risk insurance that you will be required to maintain for five years following conviction,
   3. Certification fee of $3.00,
   4. Additional fees for application for new driver’s license,
3. Complete an alcohol safety course (12 hours),
4. Complete a victim impact panel (1.5 hours),
5. Install an ignition interlock device in your car for one year,
   1. Installation and maintenance of this device can cost up to a thousand dollars
6. Pay a fine between $350.00 and $1,500.00,
7. A judge has discretion to include additional conditions of probation.

For a second DUI:

1. Serve a minimum of 45 days in jail with a maximum of 11 months and 29 days in jail,
2. Driver’s license revocation for two years (can obtain a restricted driver’s license),
3. Complete an alcohol safety course, 
4. Install an ignition interlock device in your car,
   1. If this is the second DUI in five years, the device is required for six months after reinstatement of your license,
5. Pay a fine between $600.00 and $3,500.00,
6. A judge has discretion to seize your vehicle.

For a third DUI:

1. Serve a minimum of 120 days in jail with a maximum of 11 months and 29 days in jail,
2. Driver’s license revocation for six years (can obtain restricted driver’s license),
3. Complete an alcohol safety course,
4. Install an ignition interlock device in your car,
   1. If this is the second DUI conviction in five years, the device is required for six months after reinstatement of your license,
5. Pay a fine between $1,000.00 and $10,000.00.

For a fourth and subsequent DUI:

1. This is a Class E felony, and you must serve a minimum of 150 days in jail with a maximum of one year in prison,
2. Driver’s license revocation for eight years (can obtain restricted driver’s license),
3. Complete an alcohol safety course,
4. Install an ignition interlock device in your car,
   1. If this is the second DUI conviction in five years, the device is required for six months after reinstatement of your license,
5. Pay a fine between $3,000.00 and $15,000.00.

For a DUI involving Vehicular Assault under T.C.A. § 39-13-106 (i.e., DUI involving serious bodily injury to another person):

1. This is a Class D felony, and you must serve a minimum of two years in prison with a maximum of 12 years in prison,
2. Driver’s license revoked for a minimum of one year and a maximum of five years based on number of prior convictions (no restricted driver’s license permitted),
3. Pay a fine of up to $5,000.00.

In Tennessee, if you are driving a motor vehicle, you are deemed to have given “implied consent” to submit to a breath or blood test to determine the concentration of alcohol or drugs in your blood. Refusal to submit to such a test will result in the suspension of your driver’s license; however, a violation of this statute is not a criminal offense. Pursuant to T.C.A. § 55-10-406, a police officer who requests a chemical test, must first advise you of the following:

1. Refusal to submit will result in the suspension by the court of the operator’s driver license; and
2. Refusal to submit may result, depending on the operator’s prior criminal history, in the operator being required to operate only a motor vehicle equipped with a functioning ignition interlock device, if the operator is convicted of a violation of § 55-10-401, as described in § 55-10-405.

Pursuant to T.C.A. § 40-32-101, DUI is one of the criminal charges that cannot be expunged if you are convicted. As such, it is imperative that you contact an attorney as soon as possible after being charged.