First Offense DUI in Tennessee

Under the TN Code § 55-10-401, DUI is an acronym for Driving Under the Influence. DUI is a serious traffic offense that penalizes individuals suspected of driving while under the influence of alcohol or other intoxicating substances. Suspected DUI offenders will face severe penalties even if they have no prior conviction for the offense.

Tennessee DUIs carry severe penalties such as fines, jail terms, and license suspensions. Offenders may also face lifelong consequences for having DUI convictions on their criminal or driving records. Examples of such consequences include higher insurance premiums and lower job opportunities in specific industries.

What Qualifies as a First DUI in Tennessee?

Under Tennessee laws, a first DUI crime must meet the following criteria:

• The offender has no previous conviction for the offense.
• The offender was in control of the vehicle while the blood alcohol concentration is 0.08 grams or more.
• The offender is under the influence of an intoxicating substance, which impairs their driving ability.
• The offender is a commercial driver, and the blood alcohol concentration is 0.04 percent or more.

The blood alcohol concentration (BAC) is a measure of alcohol in the blood. The law sets different BAC limits based on the vehicle type and the driver's age.

Arresting officers may conduct field sobriety or chemical tests to determine intoxication levels. Chemical tests may include breathalyzer, urine, or blood tests. In contrast, field sobriety tests measure the driver's body coordination and mental clarity.

Possible Penalties for a First Offense DUI in Tennessee

First-time DUI offenders may face the following penalties:

• $350 to $1,500 fine
• 48 hours to 11 months and 29 days jail term. However, offenders with a BAC at 0.15% or more will face a minimum of seven days in jail.
• Compulsory attendance of alcohol and drug treatment programs.
• One-year license suspension.

However, first-DUI crimes that cause physical injury may lead to these penalties:

• One- to five-year license suspension.
• 2- to 12-year imprisonment.
• Fine payments.

Do You Lose Your License for a First DUI in Tennessee?

Yes, you lose your license after committing a first-time DUI offense. Note that the license suspension only takes place after the court finds you guilty of the offense. The court will often impose a one-year suspension of driving privileges. However, you may request a restricted driver's permit after 30 days of getting a license suspension.

Note: Arresting officers have the legal right to immediately enforce a license suspension if a driver refuses to take a chemical or physical test.

What Is the Implied Consent Law in Tennessee, and How Does It Affect First DUI Cases?

Tennessee's Implied Consent Law states that persons driving in Tennessee have already consented to a test that measures their BAC level during DUI-related arrests. Thus, persons who refuse the test may face the same penalties as those convicted of the offense. Offenders may face a one-year license suspension along with other penalties.

Note: You have the legal right to refuse a chemical test after a DUI-related arrest. However, the prosecutor may use your refusal as evidence against you during the hearing.

Is an Ignition Interlock Device Required for a First DUI Offense in Tennessee?

First-time DUI offenders are legally required to install an ignition interlock device during a license suspension. The IID is a device that requires drivers to take a breath test before they may start a vehicle. Note that the device will not start the vehicle if the driver's BAC is higher than the legal limit.

Offenders must install an IID before they may receive a restricted driver's permit. The permit lets the offender drive to specific locations like work and school.

Per the state laws, offenders must maintain the device for the duration of the license suspension. The court requires offenders to pay all costs incurred during IID installation and maintenance.

Can a First DUI Be Dismissed or Reduced in Tennessee?

Yes, Tennessee state laws allow the reduction or dismissal of DUI charges. First-time offenders may make a plea bargain and get the courts to reduce the DUI to an offense that carries less severe penalties. For instance, you may plead guilty to reckless driving instead of DUI. Reckless driving is a Class B misdemeanor, and it does not lead to a license suspension.

Alternatively, you may get DUI charges dismissed under these conditions:

• The arresting officer did not follow standard arrest procedures.
• There was no probable cause for the officer to stop the vehicle.
• There is no evidence of intoxication during chemical or physical tests.
• There is no previous criminal conviction on your record.

In some instances, the court may recommend diversion programs as a condition to dismiss DUI charges. For instance, you may attend drug and alcohol treatment programs as an alternative to paying the full penalties for DUI convictions.

Long-Term Consequences of a First DUI

In Tennessee, DUI convictions will remain on criminal and driving records indefinitely. For this reason, convicted offenders may face long-term consequences such as the following:

• Higher insurance premiums for the next 10 years after a DUI conviction.
• Financial burden as a result of legal fees, IID-related costs, and increased transport fare.
• Societal discrimination if the offense resulted in the physical injury or loss of life and property.
• Limited employment opportunities in companies that require employees to hold a valid driver's license.
• Loss of professional license in industries that require a clean driving record.

Do You Need a DUI Attorney in Tennessee?

Yes, you need to hire a DUI attorney to help navigate Tennessee's legal system. The right attorney will prevent you from getting the maximum penalty for a DUI offense. Attorneys may push for a case dismissal or reduction.