In Tennessee, a DUI is defined as “driving under the influence of alcohol or drugs.” The legal blood alcohol content (BAC) limit in Tennessee is 0.08%. If caught driving with a BAC above this limit, you will be arrested and charged with a DUI.
There are two types of DUIs in Tennessee: first-time and multiple offenses. First-time offenders will face less severe penalties than those with multiple offenses.
However, both types of DUIs carry significant penalties, including jail time, fines, and the loss of your driver’s license.
- There is no guaranteed way to beat a DUI in Tennessee, TN, but some steps may improve your chances.
- Hire an experienced DUI attorney who knows the ins and outs of the law and has a proven track record of success
- Gather as much evidence as possible to support your case, including any witnesses who can attest to your innocence or character
- Thoroughly review the prosecution’s evidence against you and look for any holes or inconsistencies that can be exploited.
- Present a strong defense at trial, highlighting any weaknesses in the prosecution’s case and stressing your lack of criminal history or other mitigating factors
- Hope for the best and prepare for the worst, knowing that even if you’re ultimately convicted, an experienced attorney may be able to help you minimize the consequences
Can You Get a Dui Dismissed in Tennessee, TN?
Yes, it is possible to get a DUI dismissed in Tennessee. However, it is essential to note that specific requirements must be met for this to happen.
For example, the individual must have undergone an alcohol and drug assessment and completed any recommended treatment.
Additionally, the court may require the completion of a defensive driving course. If these requirements are met, the court may dismiss the charges.
What Happens With First Dui in Tn?
In Tennessee, the first DUI offence is a Class B misdemeanour. The penalties for a first DUI in Tennessee include up to 48 hours in jail, a fine of $350-$1,500, and the loss of your driver’s license for one year. You may also be required to attend an alcohol education and treatment program.
If your blood alcohol content (BAC) is .20% or higher, you will face enhanced penalties, which can include up to 7 days in jail, a $500-$3,500, and the loss of your driver’s license for two years.
If you refuse to submit to a chemical test (breath or blood), you will face enhanced penalties as well, which can include up to 11 months and 29 days in jail, a fine of $350-$5,000, and the loss of your driver’s license for one year.
What is the Minimum Sentence for a First Time Dui in Tennessee?
The minimum sentence for a first-time DUI in Tennessee is 48 hours in jail. However, if the offender’s blood alcohol content (BAC) is 0.20% or higher, they will be required to serve at least 7 consecutive days in jail.
If the offender refuses to submit to a chemical test, they will be required to serve at least 120 hours in jail.
There are also mandatory fines and fees associated with a DUI conviction in Tennessee. The total cost of a DUI can range from $350-$1500.
How Long Does It Take for a Dui to Come off Your Record in Tennessee?
It will remain on your driving record for life if you are convicted of a DUI in Tennessee. However, the court may order that the conviction be removed from your record after 10 years if you have no other convictions.
Is a DUI a Felony in Tennessee, TN?
In Tennessee, both first, second, and third DUI convictions are treated as misdemeanors. However, if you find yourself with a fourth DUI conviction, it escalates to a Class E felony.
However, the classification of DUI offenses in Tennessee depends on several factors, including prior convictions and the circumstances surrounding the incident.
Generally, a DUI is considered a misdemeanor for first-time offenders. However, if certain aggravating factors come into play, it can escalate to a felony.
Aggravating Factors
Some common aggravating factors that can lead to a DUI being classified as a felony in Tennessee include:
- Multiple DUI convictions within a specified time frame.
- DUI with a child passenger in the vehicle.
- DUI resulting in serious injury or death.
- DUI while driving on a revoked or suspended license.
Penalties for Felony DUI in Tennessee
If you find yourself facing a felony DUI charge in Tennessee, it’s essential to be aware of the potential penalties. These can include:
- Lengthy imprisonment.
- Significant fines.
- Mandatory alcohol and drug education programs.
- Probation.
- Driver’s license suspension or revocation.
Can Dui Be Reduced to Reckless Driving in Tennessee?
No, DUI cannot be reduced to reckless driving in Tennessee. DUI is a serious offence that comes with strict penalties, including the possibility of jail time.
If you are convicted of DUI in Tennessee, your driver’s license will be suspended for one year.
You will also be required to attend an alcohol education program and pay a fine. The penalties become even more severe if you are convicted of multiple DUIs.
How Can You Bounce Back After a Dui Conviction?
A DUI conviction can be a significant setback, but it doesn’t have to be the end of the world. You can take steps to bounce back and move on with your life. The first step is to accept responsibility for your actions.
Acknowledge that what you did was wrong and that you’re willing to change your life. This may mean getting treatment for alcohol abuse or making other lifestyle changes. Next, work on rebuilding your reputation.
Reach out to those affected by your DUI and apologize for your actions. Tell them that you’re taking steps to change and are committed to being better.
You may also need to rebuild relationships with family and friends who were hurt by your choices.
Finally, focus on the future. Use this experience as motivation to stay sober and live a healthier lifestyle. Set goals for yourself and strive to achieve them.
How To Beat Tennessee DUI
New Tn Dui Laws 2022
The new year is just around the corner, meaning new Tennessee DUI laws will soon be in effect. If you plan on drinking and driving in the Volunteer State, it’s essential to know these changes to stay safe and avoid any penalties.
Here’s a look at what’s coming down the road in 2022:
One of the most notable changes is an increase in the blood alcohol content (BAC) limit for drivers 21 and over. Starting January 1st, the legal BAC limit will be 0.08%, up from the current 0.05%.
This is in line with many other states’ DUI laws, and it’s important to note that even a tiny amount of alcohol can put you over this limit.
So if you’re planning on having even one drink, it’s best to find another way home. Another change that goes into effect next year has to do with ignition interlock devices (IIDs).
IIDs are installed in a vehicle and require the driver to blow into a breathalyzer before starting the engine.
If their BAC is above a certain level, typically 0.02%, then the car won’t start. Currently, IIDs are only required for repeat offenders or those who refused a chemical test when pulled over for suspicion of DUI.
But starting January 1st, first-time offenders with a BAC of 0..15% will also be required to have an IID installed in their vehicle for six months following a conviction.
Some administrative changes are coming down the road courtesy of Governor Bill Lee’s administration. One proposal would create “sober courts” for defendants facing multiple DUIs.
These courts would provide more intense supervision and treatment than traditional probation, with an aim towards helping offenders break free of addiction and avoid future run-ins with the law.
Another proposal would give judges more discretion when first-time sentencing offenders, making punishments more tailor-made to fit each case rather than using a one-size-fits-all approach.
These are just some changes coming to Tennessee’s DUI laws in 2022.
So if you plan on drinking, remember to play it safe by designating a sober driver or finding another way home.
And if you find yourself facing charges, remember that some new options may be available to you next year.
Conclusion
No one wants to get a DUI, but it happens. If you find yourself in this situation, there are ways to fight the charges and beat the case. Here are some tips on how to beat a DUI in Tennessee.
1. Hire an experienced attorney who specializes in DUI defence. This is crucial because they will know the ins and outs of the law and how to defend your case best.
2. Gather as much evidence as possible to support your innocence.
This can include character witnesses, video footage of the traffic stop, or any other documentation that can help your case.
3. Be prepared to go to trial if necessary. This means being honest with your attorney about everything that happened leading up to the arrest so they can build the most robust defence possible.