Joshua T. Crain Law Blog

How Much Jail Time Do You Get for a Second DUI?

If you have been charged with a DUI, you may feel overwhelmed and unsure of what penalties you may be facing. The state of Tennessee imposes harsh punishments for those convicted of a DUI, including fines, jail time, and license suspension. If you have been accused of driving under the influence, it is important that you acquire the representation of an experienced Murfreesboro, TN, DUI lawyer.

Tennessee Blood Alcohol Limit

Under Tennessee law, a motorist is operating a motor vehicle illegally if the individual has a blood alcohol concentration (BAC) of 0.08% or greater. Motorists operating a commercial vehicle are held to a higher standard, being prohibited from driving with a BAC of 0.04% or greater. The state has a zero-tolerance law, imposing a legal limit of 0.02% for drivers under 21 years of age.

Law enforcement must have probable cause to pull over a motorist they suspect is intoxicated. Signs of impairment may include swerving, drifting between lanes, braking erratically, driving without headlights on, or failing to follow traffic regulations. However, for drivers under 21 years of age, the zero-tolerance law is a “per se offense,” meaning that the officer does not need to prove the motorist is impaired as long as the blood alcohol test or breath test reveals that the driver has consumed alcohol.

Penalties for Second-Time DUI Offenders

If this is your second DUI offense, you will be charged with a class A misdemeanor, with the following penalties applying:

Aggravating Factors

If you have an elevated BAC (0.15%), then you will be charged with an aggravated DUI. Other circumstances can result in more serious charges. For example, if you are transporting a minor, you could be charged with child endangerment, a class B felony. If convicted, you may be sentenced to up to 30 years in jail. If someone was seriously injured as a result of your inebriation, then you will be charged with a class D felony. Depending upon prior offenses, you could be sentenced to up to 12 years in prison, with potential license revocation of 5 years.

A DUI Lawyer Can Help Build a Strong Defense

If you are facing DUI charges, you may have a variety of defenses available to you. For instance, if a breath test was administered, a DUI lawyer may argue that the breathalyzer was not calibrated correctly, resulting in an elevated BAC reading. Breathalyzers are notoriously unreliable, with people who have diabetes or acid reflux also getting high readings when they are completely sober. Simply being charged for a DUI does not equate to being guilty.

The new DUI laws that went into effect as of July 1st make it easier for the prosecution to obtain evidence against you. The state will not be seeking exculpatory evidence, so it is up to you to obtain aggressive counsel to represent your interests.

Reach Out to Our Murfreesboro DUI Lawyer Today

Attorney Joshua T. Crain is dedicated to helping his clients get the charges against them reduced or dismissed. He abides by the mantra that each defendant is “innocent until proven guilty” and will stop at nothing short to resolve your case in your favor. To learn how he can assist you, contact our office online or by phone to arrange your initial consultation.