Tennessee DUI LAW
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Tennessee DUI law is similar to the DUI law in other states: Driving Under the Influence is one of the few crimes for which an individual can be convicted solely on the opinion of a police officer. While most Tennessee DUI offenses are classified as misdemeanors (although a fourth-offense is a Class E felony in Tennessee), the penalties for Tennessee DUI are typically much more serious.
Tennessee DUI law requires the government to prove beyond a reasonable doubt that the person was (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any other premises generally frequented by the public while (4) under the influence of alcohol or drugs, or with a blood alcohol content of .08% or higher.
Tennessee DUI law defines a person as being legally under the influence "per se" if their blood alcohol level is .08% or higher. This is true even if there is no evidence that the person's ability to drive is actually impaired.
Tennessee DUI law is such that a person can also be convicted of DUI for operating a vehicle while under the influence of a narcotic, even if a physician prescribed it.
Upon conviction for First Offense DUI in Tennessee, a person is subject to a maximum sentence of 11 months, 29 days, with a minimum of 48 hours in jail, or a minimum of 7 days in jail if, at the time of the offense, the defendant's blood alcohol level was .20% or higher.
Tennessee DUI laws also require a minimum $350.00 fine and court costs; the loss of driver's license for a period of one year; and enrollment in a court approved DUI education course. Attendance at AA meetings may also be required. License revocation for one year is also required when a defendant is found to have refused to submit to a chemical test (blood, breath, or urine) after being lawfully requested to do so. This may apply even where the defendant is not convicted of DUI.
Penalties for a second or subsequent conviction of DUI increase dramatically. On a second or subsequent offense, the vehicle used in the offense is subject to forfeiture. A fourth or subsequent conviction of DUI is classified as a Felony.
More detailed information about the consequences for a Tennessee DUI conviction can be found below.
- 1st Offense
- 2nd Offense (within 10 years)
- 3rd Offense (within 10 years)
- 4th Offense (within 10 years)
CONTACT
Board of Professional Responsibility
1101 Kermit Drive, Suite 730
Nashville, TN 37217
Phone: 615-361-7500; 800-486-5714
Fax: 615-367-2480
E-mail: ethics@tbpr.org