What Are the Penalties for Driving Under the Influence in Tennessee?

What Can Make My Tennessee DUI Conviction More Serious?

Published On - January 6, 2022

Stan Bennett DUI

Being convicted of driving under the influence (DUI) is bad enough as a first-time offender without any aggravating circumstances. There are, however, factors and circumstances that can make a DUI conviction even worse. A Murfreesboro DUI lawyer at Bennett, Michael & Hornsby explains what can make your Tennessee DUI conviction more serious.

Basic DUI Conviction Penalties

Even a DUI conviction for a first-time offender without additional aggravating circumstances comes with some serious potential includes. Along with jail time, you could also face aWhat Are the Penalties for Driving Under the Influence in Tennessee? license revocation, probation, installation of an Ignition Interlock Device, and hefty fines, fees, and increased insurance premiums. Unfortunately, however, there are even greater penalties that you might face if there are aggravating factors or circumstances surrounding your DUI conviction.

Aggravating DUI Factors and Penalties

If the circumstances under which you were arrested and charged with an alcohol related driving offense included any of the following aggravating factors, the penalties you face will be increased accordingly:

Refusal to Submit to Blood Alcohol (BAC) – Like most states, Tennessee now has an implied consent law that effectively says you agree to submit to a blood alcohol test (breath test) if there is probable cause to believe you were driving under the influence. If you refuse the test, you face the following additional penalties:

    • Revocation of Driver’s License for 1 year – 1st offense
    • Revocation of Driver’s License for 2 years – 2nd offense
    • Revocation of Driver’s License for 2 years if crash resulted in bodily injury 
  • Revocation of Driver’s License for 5 years if crash resulted in a death 

Previous DUI Conviction – If this is not your first DUI conviction, you face additional penalties if convicted, including, but not limited to, the following:

  • 2nd DUI Conviction
    • 45 days to 11 months and 29 days in jail
    • $600-$3,500 mandatory fine
    • License revocation for up to two years
    • Subject to vehicle seizure/forfeiture
    • Ordered to attend an alcohol and drug treatment program
    • Ignition Interlock Device installed on your vehicle
  • 3rd DUI Conviction
  • 120 days to 11 months and 29 days in jail
    • $1,100 to $10,000 mandatory fines
    • License revocation for up to six years
    • Subject to vehicle seizure/forfeiture
    • Alcohol and drug treatment program
    • Ignition Interlock Device installed on your vehicle
  • 4th and Subsequent DUI 
  • Charged as a Class E Felony
  • 1 year of jail time with a minimum of 150 consecutive days served
  • $3,000 to $15,000 mandatory fine
  • License revocation for up to eight years
  • Subject to vehicle seizure/forfeiture
  • Alcohol and drug treatment program
  • Ignition Interlock Device installed on your vehicle

Vehicular Assault – If you cause serious injury to another person while driving under the influence you could be charged with vehicular assault and face additional penalties, including:

    • Charged as a Class D Felony 
    • License revocation of up to five years 
    • Two to 12 years in jail/prison
  • Not eligible for a restricted driver license 

Child Endangerment – If you had a passenger in the vehicle who was under the age of 18 while you were driving under the influence you could face the following additional penalties:

  • Charged as a Class D felony if child suffered serious injury 
    • Two to 12 years in jail/prison
  • Charged as a Class B Felony if the child was killed
    • Eight to 30 years jail time
  • License revocation

Vehicular Homicide – If anyone died in a crash that you were involved in while driving under the influence, you could be charged with vehicular homicide and face the following penalties:

  • Charged as a Class B Felony
  • Up to 30 years in prison 
  • License revocation for 3-10 years
  • Not eligible for a restricted license

Aggravated Vehicular Homicide — If you have two or more prior DUI convictions, vehicular assault convictions, or any a combination the two OR you have a prior conviction for vehicular homicide you could be charged with aggravated vehicular homicide. You could also be charged with aggravated vehicular homicide if you had a BAC of .20 or greater at the time of the current offense and you have one prior DUI or vehicular assault conviction. You could face:

  • Charged as a Class A Felony 
  • Minimum of 15 years in prison
  • Up to 60 years in prison

Contact a Murfreesboro DUI Lawyer

If you have been charged with driving under the influence in Tennessee, consult with an experienced Murfreesboro DUI lawyer as soon as possible. In Tennessee contact a Murfreesboro DUI lawyer at Bennett, Michael & Hornsby to discuss your legal options. Contact the team today by calling 615-898-1560 to schedule your free appointment.

 

Stan Bennett
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