Tennessee DUI Law & Lawyers: DUI-Web

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Tennessee DUI law requires the prosecutor to prove beyond a reasonable doubt that the person was operating or in physical control of a motor vehicle on any public road, highway, alley, parking lot, or any other premises generally frequented by the public while under the influence of alcohol or drugs, or with a blood alcohol content (BAC) of .08% or higher.

There are two theories in which the prosecution may bring charges for drinking and driving. The first theory is the "under the influence" theory. Under this theory the prosecution must prove beyond a reasonable doubt that the defendant's mental and physical faculties were negatively affected to such a degree to render their abilty to drive unsafe. This theory is usually proven with evidence such as the arresting officer's tesimony regarding the defendant's driving pattern, his physical appearance and his field sobriety test results.

The second theory is the "per se" theory, which makes it a crime to have a BAC of .08% or higher. This charge is based solely on body chemistry and has nothing to do with whether the person's ability to drive is actually impaired.

For a first DUI conviction in DUI, a person is may be sentenced between 48 hours to 11 months, 29 days in jail. Or, a minimum of 7 days in jail, if at the time of the offense, the defendant's blood alcohol level was .20% or higher.

There is also a minimum fine of $350.00; driver’s license suspension for one year; and enrollment in a court approved DUI education course. It is important to note is that a license revocation for one year is also required when a defendant is found to have refused to submit to a chemical test after being lawfully requested to do so.

A second offense within 10 years will result in jail time of between 45 days to 11 months and 29 days. A fine of between $600 to $3,500 will also be imposed. In addition, a DUI assessment, alcohol rehabilitation, and volunteer community work may also be ordered by the court. Finally, the offender’s license may be revoked for up to two years and the offender will not be eligible for a restricted license for at least one year. Vehicle forfeiture may also be authorized by the court.

A third offense within 10 years will result in jail time between 120 days to 11 months and 29 days. Fines increase to $1,100 to $10,000. In addition, a DUI assessment, DUI school/alcohol rehabilitation and volunteer community work may be ordered by the court. The offender’s license may also be revoked for 3 to 10 years and a restricted license is unattainable. An ignition interlock device may be ordered by the court as well as a vehicle forfeiture.

For a fourth DUI-related offense within 10 years, the offender will be subject to jail time from 150 days to 6 years. Fines between $3,000 and $15,000 will also be ordered. A DUI assessment, alcohol rehabilitation and volunteer community work may also all be ordered by the court. In addition, the offender may have his/her driver’s license revoked for a minimum of 5 years with no opportunity for a restricted license. An ignition interlock device and vehicle forfeiture may also be ordered by the court.