DUI FAQ
August 26, 2023
Whether you’re facing a DUI charge or want to learn more about Tennessee’s DUI laws, we’ve compiled a list of frequently asked DUI questions to help you navigate the complex legal landscape of DUI criminal charges.
Driving under the influence is a crime under Tennessee law. It involves a person driving or being in “physical control” of a vehicle on any street or road with a blood alcohol content (BAC) of 0.08% percent or more. It applies to someone who is not only under the influence of alcohol but also to someone who operates a motor vehicle under the influence of an intoxicant, stimulant, controlled substance, or other substance that impacts the central nervous system to the extent that she or he cannot operate the vehicle safely.
A first offense DUI carries a sentence from 48 hours in jail to a sentence of up to eleven (11) months and 29 days. It is far more common for someone convicted of a first-time DUI to serve 48 hours in jail. However, if you are extremely intoxicated — which Tennessee law defines as someone with a BAC of .20% or more, then the potential sentence is more severe —- there is a minimum sentence of seven days in jail. The penalty is even worse if you are convicted of a DUI where a minor is in the car. The penalty for a DUI with a minor in the vehicle includes a minimum sentence of 30 days in jail.
Additional penalties for any DUI include fines and mandatory attendance at a substance abuse program. For a first DUI offense, the fine ranges between $350.00 to $1,500.00. You also can lose your ability to drive for up to a year. The law also requires you to pay restitution to any person who may have been injured or suffered property damage as a result of your drunk driving. Additionally, the Tennessee DUI law also gives the judge the option of ordering a defendant to a drug and alcohol treatment program as a form of probation.
The penalties for a second DUI are much greater than those for a first-time offender. A second offense carries more imprisonment, increased fines, a longer loss of driving privileges, and possible vehicle seizure. The minimum time of imprisonment for a second DUI is 45 days in jail, as compared to only 48 hours for a first DUI. The fines for a second DUI conviction are between $600.00 and $3,500.00. Furthermore, a person can lose their driver’s license for up to two years on a second DUI as opposed to one year for a first offense. Even worse, there is a possibility under Tennessee law for a person to have their vehicle seized after a second DUI conviction.
They certainly can be, as the police must prove beyond a reasonable doubt that you were operating a vehicle under the influence of alcohol or some other controlled substance. When the police pull you over and suspect that you may be operating your vehicle under the influence, the police could ask you to exit the vehicle and perform such tests.
The tests purportedly help the police determine whether you are under the influence. For example, if a person cannot walk in a straight line and is unsteady on his or her feet, that may signify impairment. There are several types of field sobriety tests, including the Horizontal Gaze Nystagmus Test; the Walk and Turn Test; and the One Leg Stand Test. The Horizontal Gaze Nystagmus Test requires you to follow a shining light. The Walk and Turn Test requires you to walk down a straight line and then turn back and do it again. Meanwhile, the One Leg Stand Test is what it sounds like — you must stand on one leg.
But there may be legitimate or innocent reasons why a person performs poorly on a field sobriety test. Someone could have a physical impairment, or be very tired, or have an eye condition. The tests also may not be performed properly. An effective criminal defense attorney may be able to challenge the officer successfully who performed these tests. For example, the attorney may be able to show that the officer did not consider other relevant factors, such as the type of shoes a defendant wore, the defendant’s lack of sleep, or other conditions.
Tennessee’s implied consent law provides that drivers are deemed to have given their implied consent to a breath test or a blood test when the police pull them over suspecting them of possibly operating a vehicle under the influence. Tennessee’s implied consent law provides: “The operator of a motor vehicle in this state is deemed to have given implied consent to breath tests, blood tests, or both tests, to determine the alcohol or drug content of that operator’s blood.”
The law further provides that an officer must inform you that refusal to take said tests will result in suspending driving privileges and the ability to drive only with an ignition interlock device.
An experienced DUI criminal defense attorney, such as Eric Phillips, can help you if you face DUI or implied consent charges. He has handled many DUI and implied consent cases through the years.
Hagar & Phillips Wilson County TN attorneys can help to seek justice for wrongful or unjust DUI charges. To learn more, we invite you to stop by our Lebanon office, contact us, or call 615-784-4588. Please feel free to call if you need directions to Lebanon, Tennessee.
