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.