Dedicated and Compassionate Personal Injury and Criminal Defense
DUI FAQs
What is the difference between DUI and DWI in Tennessee?
Driving Under the Influence (DUI) is the most common charge adult drivers face in Tennessee. However, minors and those under 21 are typically charged with Driving While Impaired (DWI) under Tennessee Law.
A first-time DUI offense in Tennessee carries the following potential penalties:
- Jail Time: A mandatory minimum of 48 hours up to 11 months and 29 days.
- If the blood alcohol content (BAC) is 0.15% or higher, the mandatory minimum jail time increases to 7 days.
- Fines: Ranges from $350 to $1,500.
- License Suspension: Your driver's license will be revoked for one year.
- Ignition Interlock Device: Installation of an ignition interlock device may be required after license reinstatement, especially if the BAC is 0.08% or higher.
- Alcohol Treatment Program: You may also be required to complete an alcohol treatment or education program.
A second DUI offense comes with harsher penalties, including:
- Jail Time: A minimum of 45 days up to 11 months and 29 days.
- Fines: Ranges from $600 to $3,500.
- License Suspension: Your driver's license will be revoked for two years.
- Ignition Interlock Device: Mandatory installation of an ignition interlock device.
- Vehicle Seizure: Your vehicle may be subject to seizure and forfeiture.
- Community Service: The court may require community service hours.
A third DUI offense can result in:
- Jail Time: A minimum of 120 days up to 11 months and 29 days.
- Fines: Ranges from $1,100 to $10,000.
- License Suspension: Your driver's license will be revoked for six years.
- Ignition Interlock Device: Required installation upon reinstatement.
- Vehicle Seizure: Your vehicle may be seized and forfeited.
A fourth DUI offense in Tennessee is considered a Class E felony. Penalties include:
- Jail Time: A mandatory minimum of 150 days up to 1 to 6 years in prison.
- Fines: Ranges from $3,000 to $15,000.
- License Suspension: Your driver's license will be revoked for eight years.
- Ignition Interlock Device: Mandatory installation after license reinstatement.
- Vehicle Seizure: Your vehicle can be seized and forfeited.
Tennessee’s Implied Consent Law means that if you are lawfully arrested by an officer who has probable cause to believe you are driving under the influence, you automatically consent to chemical testing of your breath, blood, or urine to determine your BAC. Refusing to submit to the test can result in a separate penalty, including: License Suspension: 1 year for a first refusal, or 2 years if there is a prior DUI conviction or if there was an accident involving injury.
Yes, there are various defense strategies that can be employed to challenge DUI charges. These may include questioning the accuracy of BAC testing, arguing improper police procedures, or showing that there was no probable cause for the initial traffic stop. It's important to consult with an experienced DUI attorney to evaluate your case.
If you are pulled over for a suspected DUI:
- Stay calm and remain polite to the officer.
- Do not admit guilt or make any statements that could be used against you.
- Politely refuse to perform field sobriety tests, as they are subjective and can lead to probable cause for arrest.
- Understand that refusal to take a chemical test can result in an automatic license suspension under Tennessee’s Implied Consent Law. However, if you believe that by taking a chemical test you would be providing incriminating evidence that could be used against you, you should decline to take the test.
- Contact an attorney as soon as possible to discuss your legal rights and options.
THE INFORMATION ABOVE IS NOT INTENDED TO REPLACE LEGAL ADVICE AND DOES NOT CREATE A LEGAL RELATIONSHIP BETWEEN BENNY G WHITE LAW AND THE VIEWER.
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