Is a DUI a Felony in TN?

Most people who are charged with a DUI are first-time offenders. A momentary lapse in judgment can have serious repercussions. If you are charged with driving under the influence, you may wonder if you could be charged with a felony under Tennessee law, which carries a more significant prison sentence.

If you have received a DUI, the first step you should take is to speak with a Tennessee DUI lawyer.

Legal Blood Alcohol Limit in Tennessee

Tennessee law prohibits anyone with a blood alcohol concentration (BAC) of 0.08% or higher from operating a motor vehicle. Under the state’s implied consent law, a police officer can request you submit to alcohol testing if the officer has reason to believe that you are impaired.

Signs of Impairment

A police officer can only pull a driver over if the person is exhibiting signs of impairment, which may entail any of the following behaviors:

• Straddling a lane line
• Drifting between lanes
• Variations in speed
• Jerky or sharp turns
• Driving in the wrong lane
• Driving without headlights at night
• Abrupt stopping

DUI Penalties

In Tennessee, a fourth DUI offense is a Class E felony. Prior offenses are misdemeanors unless aggravating circumstances exist. Aggravating circumstances include child endangerment if you caused another person serious bodily injury or if there were any fatalities as a result of your driving intoxicated.

The following penalties will apply under Tennessee law:

First DUI Offense

• Imprisonment of 48 hours to 11 months, 29 days
• If BAC is 0.2% or greater, a minimum of 7 consecutive days in jail
• License revocation for one year with restricted license available
• Ignition interlock device at your expense
• $350-$1,500 fine
• Mandatory participation in alcohol and drug treatment programs

Second DUI Offense

• Imprisonment of 45 days to 11 months, 29 days
• License revocation for two years with restricted license available
• Vehicle may be seized or forfeited
• If there are two DUI convictions within a five-year period, an Ignition Interlock Device (IID) is required for six months after the license is reinstated
• $600-$3,500 fine
• Mandatory alcohol and drug treatment program
• Restitution to victim

Third DUI Offense

• Imprisonment of 120 days to 11 months, 29 days
• License revocation for six years with restricted license available
• Vehicle may be seized or forfeited
• $1,100 to $10,000 in mandatory fines
• If there are two DUI convictions within a five-year period, IID is required for six months after license reinstatement
• Mandatory alcohol and drug treatment program

Fourth DUI and Subsequent DUI Offenses

• Class E Felony
• Imprisonment of 365 days, with a minimum sentence of 150 consecutive days
• License revocation for eight years with restricted license available
• Vehicle may be seized or forfeited
• $3,000 to $15,000 in mandatory fines
• If there are two DUI convictions within a five-year period, IID is required for six months after license reinstatement

Reach Out to a Knowledgeable Tennessee DUI Defense Attorney Today

A DUI can affect your ability to secure a job, rent or buy a home, and obtain a professional license. If you have been charged with a DUI, you need to speak with a DUI attorney who has experience representing clients accused of driving impaired. To arrange your initial consultation, contact the Law Offices of Joshua T. Crain online or by phone.