Cecily Zamora
Tennessee's DUI laws are strict, and penalties for a first offense can include heavy fines, required educational courses, and even prison sentences. The state's driving while impaired law (DWI) maintains a zero-tolerance policy for underage intoxicated driving, with a legal limit of 0.02% BAC. For those over 21, the legal limit is 0.08% BAC, and a first DUI conviction can result in an 11-month, 29-day sentence, with a minimum of 48 hours in jail and a fine of $350 to $1,500. A DUI conviction can have lasting consequences, impacting job prospects, housing, and security clearances.
| Characteristics | Values |
|---|---|
| Legal Blood Alcohol Concentration (BAC) limit | 0.08% for drivers 21 years old or older |
| BAC limit for drivers under 21 | 0.02% |
| BAC limit for first offense | 0.15% |
| BAC limit for prior offenses | 0.20% |
| Penalties | Prison sentence, fines, and loss of driving privileges |
| First-time DUI conviction | Mandatory minimum sentence of 48 hours in jail |
| First-time DUI conviction expungement | After a waiting period of at least five years, provided the offender has completed all court-ordered requirements and has no other criminal convictions |
| First-time underage DUI conviction expungement | After a waiting period of at least one year, provided the offender has completed all court-ordered requirements and has no other criminal convictions |
| Refusal to submit to a breathalyzer test | Administrative penalties such as automatic license suspension and ignition interlock requirements |
| Refusal to submit to a blood alcohol test | License suspension and potential ignition interlock requirements |
| License suspension for first offense | 1 year or until the person reaches the age of 17 |
| License suspension for second offense | 2 years or until the person reaches the age of 18 |
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What You'll Learn
DUI laws for those under 21
Tennessee has a zero-tolerance policy for underage intoxicated driving. This means that if you are under 21 and are found to be physically in control of a vehicle while under the influence of any drug or intoxicating substance, or with a blood alcohol concentration (BAC) of 0.02%, you can be arrested. The legal drinking age in Tennessee is 21, and consumption of alcohol by anyone under 21 is illegal except for religious purposes.
A BAC of 0.08% is the legal limit in Tennessee, at which point a person is considered legally intoxicated. However, young drivers between the ages of 16 and 20 are 17 times more likely to be involved in a fatal car accident with a BAC of 0.08% than if they were sober. As a result, Tennessee, like all other states, has implemented specific underage DUI laws for drivers under 21.
For a first-time DUI offense in Tennessee, you may face heavy fines, be required to take educational courses, or even serve a prison sentence. A DUI conviction will also result in a criminal record, which can negatively impact a person's ability to apply for college, find employment, or live a normal life.
Underage DUI in Tennessee carries a one-year license suspension. Unlike with a standard DUI, a motorist convicted of an underage offense cannot obtain a restricted license during the suspension period.
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DUI penalties
Tennessee has strict laws and penalties for DUI (Driving Under the Influence) and DWI (Driving While Intoxicated/Impaired) offences. A DUI is a criminal offence in Tennessee and can result in heavy fines, a prison sentence, and the loss of driving privileges. The penalties for a first DUI offence in Tennessee are dependent on the circumstances of the offence and the applicable federal law.
Tennessee has a zero-tolerance policy for underage intoxicated driving. If you are under 21 and are in physical control of a vehicle while under the influence of any drug or intoxicating substance, or your BAC (Blood Alcohol Concentration) is 0.02%, you will face arrest. For those over 21, the legal BAC limit is 0.08%, and at this level, you are legally intoxicated. A DUI offender over 21 with a BAC under 0.20% will face sentencing, and subsequent offences are felonies. Tennessee's new DUI law, effective as of July 1, 2024, lowers the BAC requirement to 0.15, meaning that a driver with a BAC of 0.15 or higher will have to spend a minimum of 7 days in jail.
A first-time DUI conviction in Tennessee carries a mandatory minimum sentence of 48 hours in jail. A first DUI offence is generally classified as a misdemeanour, but it can be elevated to a felony under certain circumstances, such as prior DUI convictions or if someone was injured or killed in the DUI incident. A DUI conviction can be expunged, but only under certain circumstances and after a waiting period of at least five years, provided the offender has completed all court-ordered requirements and has no other criminal convictions.
Refusing to submit to a breath, blood, or urine test can result in administrative penalties, such as automatic license suspension and ignition interlock requirements under Tennessee's Implied Consent Law. Additionally, refusing a breathalyzer test may be used as evidence against the driver in court.
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DUI defences
A DUI charge in Tennessee can result in a sentence of 11 months and 29 days for a first conviction, with a minimum of 48 hours in jail, a fine of $350 to $1500, an alcohol safety class, and a one-year suspension of one's driver's license. While these penalties can be severe, individuals facing DUI charges have several legal defense options available to them.
One common defense strategy is to challenge the validity of the traffic stop that led to the DUI charge. To make a traffic stop, law enforcement officials must have a reasonable suspicion or probable cause, such as a traffic violation. If the arresting officer cannot prove that they had a valid reason to initiate the stop, it may call into question the legitimacy of the entire charge.
Another defense strategy is to contest the results of field sobriety tests, breathalyzer readings, or blood tests. Breathalyzers, for example, rely on the presumption of a single partition ratio rating, but variances in human physiology can result in different partition ratios, leading to false high readings. Even the breath instrument itself has an inherent 10% margin of error. Similarly, blood tests can be challenged on the grounds of improper handling or storage of blood samples, which could invalidate the results.
In some cases, individuals may argue involuntary intoxication, where they ingested alcohol without their knowledge. For example, if someone unknowingly consumed alcohol from a "spiked" punch bowl at a party, they may not be held responsible for driving under the influence.
It is important to note that DUI laws can vary by state, and each case has unique facts. Consulting a lawyer who specializes in DUI cases can help individuals facing charges understand their rights and identify the best defense strategies available to them.
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DUI convictions and expungement
Tennessee's driving while impaired law (DWI) maintains a zero-tolerance policy for underage intoxicated driving. If you are under 21 and driving or in physical control of a vehicle while under the influence of any drug or intoxicating substance, or your BAC is 0.02%, you face arrest.
Tennessee law recognises a BAC limit of 0.08%. At or above this level, you are legally intoxicated, and law enforcement does not need to prove actual impairment.
If convicted of a DUI, you will face a mandatory minimum jail sentence, license revocation, and other consequences. Tennessee law does not allow for DUI convictions to be expunged from your record. However, if your DUI charge was dismissed, if you were arrested and released without being charged, or if you were found not guilty, your record may be eligible for expungement.
Additionally, if your DUI charge was pleaded down to a reduced charge, such as reckless driving or reckless endangerment, these convictions can be expunged after five years. It is important to note that even if your DUI conviction cannot be expunged, a related implied consent violation can be, which can help clear your record.
To initiate the expungement process, you must file the proper paperwork with the clerk of the court where the charges originated. You will need access to your docket numbers and may be required to submit additional information as directed by the court.
The consequences of a DUI conviction can be severe and long-lasting, impacting your ability to obtain employment, housing, specialty licenses, and security clearances. It is recommended that you consult with an experienced DUI defense lawyer who can provide legal advice and help you understand your options and navigate the complexities of the law.
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DUI and vehicular assault
In Tennessee, a DUI or driving under the influence offense is classified according to the circumstances of the arrest, prior offenses, and other factors. A first-time DUI offense is a Class A misdemeanor and can result in heavy fines, required educational courses, and even a prison sentence. Tennessee has a zero-tolerance policy for underage intoxicated driving. If you are under 21 and have a BAC of 0.02% or higher, or are in physical control of a vehicle while under the influence of any drug or intoxicating substance, you will face arrest.
Tennessee law defines vehicular assault as causing serious bodily injury to another person due to the fault of an intoxicated driver. This is an extremely significant charge, as it involves both a DUI and assault. Vehicular assault convictions carry severe punishments and life-altering consequences, including steep fines and jail time. Aggravated vehicular assault, a Class A felony, is punishable by 15 to 60 years in prison and up to $50,000 in fines.
If you are facing a DUI charge in Tennessee, it is important to be aware of your rights and the potential consequences. A Tennessee DUI attorney can guide you through the legal process and help lessen the weight of the charge, avoiding incarceration and other severe consequences. Additionally, refusing to submit to blood alcohol testing or chemical tests can result in license revocation for at least one year.
It is crucial to understand that a DUI conviction, especially when resulting in vehicular assault, can have devastating and irreversible impacts on your life, including the loss of your driver's license and a permanent mark on your criminal record. The state of Tennessee treats these offenses with utmost seriousness, and offenders can expect stringent legal repercussions.
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Frequently asked questions
The BAC limit in Tennessee is 0.08%, which is the legal limit in every US state except Utah, where the limit is 0.05%.
A first DUI conviction in Tennessee is a Class A misdemeanour charge, which can result in heavy fines, required educational courses, and even a prison sentence. The prison sentence is 11 months and 29 days, with a minimum of 48 hours served in jail, and a fine between $350 and $1,500.
Refusing a chemical test in Tennessee will result in a license revocation for at least one year.
Tennessee's driving while impaired law (DWI) applies a zero-tolerance policy for underage intoxicated driving. If you are under 21 and have a BAC of 0.02% or are in physical control of a vehicle while under the influence of any drug or intoxicating substance, you will face arrest.
