DUI Classification and Penalties in Tennessee

The first three DUI convictions are classified as misdemeanors in Tennessee. They are considered class A misdemeanors and may carry a punishment of less than one year in jail. Even though the first three are just misdemeanors, they will remain on your criminal record for life. The fourth DUI is a felony and carries a much harsher sentence of one or more years of incarceration.

Additional consequences will include a tarnished driving record and increased insurance rates. In some severe cases, your carrier may even deny you coverage. This can affect your ability to drive and even your job, if it depends on having a driver's license.

I have been practicing law for more than 30 years and you can rest assured that I will use my experience, knowledge, and skill to your advantage if you choose to have me represent your case. Throughout the time I have been in business, I have earned a reputation for my compassionate and effective approach to criminal defense. I have worked with thousands of clients in a wide range of different DUI cases.

Penalties for Underage DUI and Alcohol Offenses in Tennessee

Are you a minor charged with an alcohol offense while behind the wheel? Here are the penalties that the state of Tennessee enforces:

Underage Possession of Alcohol (Age 18 -21) T.C.A. 57-5-301

• License suspension for 1 year or until person reaches age 17
• License suspension of 2 years or until person reaches age 18
• Restricted license can be issued on 1st offense at court discretion

Driving While Impaired (Age 16 – 20) T.C.A 55-10-415

• License revocation of 1 year
• A fine of $250
• Court may enforce public service work

Field Sobriety Tests in Tennessee: Are They Required?

There are several different field sobriety tests (FSTs) an officer may ask you to perform to determine your level of intoxication. However, only three of them are endorsed by the National Highway Traffic and Safety Administration (NHTSA).

NHTSA-Endorsed Field Sobriety Tests Include:

• One-leg stand
• Horizontal gaze nystagmus
• Walk-and-turn

If an officer asks you to perform these tests, he or she likely already believes you are intoxicated and is simply trying to build more evidence against you. You are not legally obligated to perform any of these tests, even if the officer leads you to believe that you are. That said, refusing to perform FSTs will not prevent the officer from arresting you, though it will lessen the amount of evidence against you.

Unlike a breath test, which you must submit to, refusing FSTs will not result in a revoked license or higher insurance rates. That is because implied consent laws do not apply to these tests. While you might still find yourself in some hot legal water even if you refuse these tests, it will minimize the prosecution’s case against you. Keep all of this in mind next time an officer suspects that you have been driving while under the influence of alcohol.

If you were arrested for a DUI and performed the FSTs, all hope is not lost. With an experienced DUI defense attorney on your side, you can still defeat or reduce the charges against you. However, you must not postpone it any longer. The sooner you get help, the better your chances will be.

Is it Worth Fighting a DUI?

Absolutely! Beating a DUI charge in court is something that is very doable, especially when you have the legal representation from an experienced attorney. With us, our DUI lawyer in Franklin, Tennessee analyzes your case from beginning to end and creates a game-plan for what you can expect throughout the entire process. We pride ourselves in delivering premier services to you and put your priorities first.

Frequently Asked Questions About DUI in Tennessee

What is the Penalty for DUI in Tennessee?

If you are a first-time DUI offender in Tennessee, it is important to know the harsh penalties the state imposes. Tennessee law requires jail time for any first time DUI offender. They will receive 48 hours in jail, at the very minimum. However, if your blood alcohol content (BAC) is over .20, the minimum amount of jail time becomes seven days. Depending on the circumstances, an individual with a first time DUI can receive up to 11 months behind bars, as well as a hefty fine.

How Long Does DUI Stay on Your Record in Tennessee?

If you are found guilty or plead guilty of a DUI, the conviction will remain on your record for life. However, the "look-back" period for repeat DUI offenders is 10 years. Any previous convictions will be counted further against you when facing multiple offenses.

The implications of having a DUI on your permanent record can be severe. For example, an employer may run a background check that reveals your criminal history. Applying for an apartment lease can also be challenging since they run a report. Human resource departments can deny you a job if they see criminal activity, even if it's not the reasoning behind their decision. These are all valid reasons to hire a DUI attorney in Franklin, TN with trial-tested experience.

Can the DUI Charge Be Expunged From Your Record?

If you have been charged and convicted of a DUI in Tennessee, then at no point can it be expunged. This is why it is critical to fight these charges from the beginning.

Is DUI a Felony in Tennessee?

The first three DUI convictions are classified as misdemeanors in Tennessee. They are considered class A misdemeanors and may carry a punishment of less than one year in jail. Even though the first three are just misdemeanors, they will remain on your criminal record for life. The fourth DUI is a felony and carries a much harsher sentence of one or more years of incarceration.

Additional consequences will include a tarnished driving record and increased insurance rates. In some severe cases, your carrier may even deny you coverage. This can affect your ability to drive and even your job, if it depends on having a driver's license.

I have been practicing law for more than 30 years and you can rest assured that I will use my experience, knowledge, and skill to your advantage if you choose to have me represent your case. Throughout the time I have been in business, I have earned a reputation for my compassionate and effective approach to criminal defense. I have worked with thousands of clients in a wide range of different DUI cases.

What are the Penalties for Alcohol-Related Offenses for Minors?

Are you a minor charged with an alcohol offense while behind the wheel? Here are the penalties that the state of Tennessee enforces:

Underage Possession of Alcohol (Age 18 -21) T.C.A. 57-5-301

• License suspension for 1 year or until person reaches age 17
• License suspension of 2 years or until person reaches age 18
• Restricted license can be issued on 1st offense at court discretion

Driving While Impaired (Age 16 – 20) T.C.A 55-10-415

• License revocation of 1 year
• A fine of $250
• Court may enforce public service work

Are Field Sobriety Tests Mandatory?

There are several different field sobriety tests (FSTs) an officer may ask you to perform to determine your level of intoxication. However, only three of them are endorsed by the National Highway Traffic and Safety Administration (NHTSA).

The three field sobriety tests endorsed by the NHTSA include:

• One-leg stand
• Horizontal gaze nystagmus
• Walk-and-turn

If an officer asks you to perform these tests, he or she likely already believes you are intoxicated and is simply trying to build more evidence against you. You are not legally obligated to perform any of these tests, even if the officer leads you to believe that you are. That said, refusing to perform FSTs will not prevent the officer from arresting you, though it will lessen the amount of evidence against you.

Unlike a breath test, which you must submit to, refusing FSTs will not result in a revoked license or higher insurance rates. That is because implied consent laws do not apply to these tests. While you might still find yourself in some hot legal water even if you refuse these tests, it will minimize the prosecution’s case against you. Keep all of this in mind next time an officer suspects that you have been driving while under the influence of alcohol.

If you were arrested for a DUI and performed the FSTs, all hope is not lost. With an experienced DUI defense attorney on your side, you can still defeat or reduce the charges against you. However, you must not postpone it any longer. The sooner you get help, the better your chances will be.

Is it Worth Fighting a DUI?

Absolutely! Beating a DUI charge in court is something that is very doable, especially when you have the legal representation from an experienced attorney. With us, our DUI lawyer in Franklin, Tennessee analyzes your case from beginning to end and creates a game-plan for what you can expect throughout the entire process. We pride ourselves in delivering premier services to you and put your priorities first.