Second Offense DUI in Tennessee

Under the Tennessee DUI Law (TCA § 55-10-401), Driving Under the Influence (DUI) is a serious crime subject to fines, jail time, and other penalties. A second DUI offense occurs when an individual is apprehended (after one prior offense) driving with an alcohol concentration of 0.08% or more in the blood or while under the influence of any intoxicant or drug that impairs the driver's ability to operate a motor vehicle safely. A driver with a commercial vehicle violates the law if alcohol concentration is 0.04% or greater.

A second DUI in Tennessee is typically charged as a misdemeanor, which usually carries a punishment of less than one year in jail. However, second DUI offenses carry more severe penalties than first offenses, as it reflects the state's position against repeat offenses to protect public safety.

Is a 2nd DUI a Felony in Tennessee?

The classification of DUI offenses depends on the number of prior offenses. On that note, a second DUI is not a felony unless aggravating circumstances exist. In Tennessee, the first three DUI convictions are classified as misdemeanors, specifically a class A misdemeanor. Some of the conditions that automatically make a second DUI a felony is:

• The individual has a fourth or repeat offense within ten years
• There is a prior conviction for vehicular assault or homicide
• A minor passenger in the vehicle suffers a major injury from the DUI
• The DUI violation leads to death.

What is the Lookback Period for a Second DUI in Tennessee?

The lookback period in Tennessee is ten years, which means that any DUI conviction within the last 10 years will be used to adjust penalties for second offenses. During this period, a repeat second DUI violation within 10 years will carry felony penalties, including longer jail sentences and higher fines. Furthermore, the repeat DUI offender may face greater consequences in the future.

What are The Aggravating Factors in a Second DUI?

Aggravating factors in a second DUI case in Tennessee can significantly impact a DUI charge, increasing the penalties beyond the standard outcome for DUI convictions. Some aggravating factors to note in Tennessee include:

• Driving under the influence with a child passenger under the age of 18
• Reckless driving that leads to injuries or death
• High BAC levels of 0.08% or higher
• Prior DUI convictions
• Refusal to submit to chemical testing

An aggravated DUI offense in Tennessee could lead to a subsequent increase in charges and penalties. For instance, when someone dies as a result of a DUI accident, the defendant may also be charged with vehicular homicide. If the defendant was arrested for DUI with a minor in the vehicle, the defendant could face an aggravated DUI and a child endangerment charge.

What Happens If You Get a 2nd DUI in Tennessee?

The possible penalties for a second DUI in Tennessee include the following:

• Class E felony within 10 years
• Jail time of 45 days, up to 11 months, and 29 days
• A mandatory $600 to $3,500 fine
• Driver's license revocation for two years
• Vehicle seizure or forfeiture
• Restitution for anyone suffering personal injury or financial loss
• Installation and maintenance of an ignition interlock device at the person's expense
• For two DUI convictions in 5 years, an ignition interlock device is required for 6 months after reinstatement
• Administrative and court costs
• Mandatory participation in alcohol and drug treatment programs.

How Long Does a Second DUI Stay On Your Record in Tennessee?

Tennessee's second DUI convictions may remain on records permanently. Repeat convictions are not eligible for expungement and carry long-term consequences that impact the defendant's personal and professional life. A criminal record with DUI convictions can lead to employment challenges, higher insurance costs, personal relationship strains, and the potential loss of a driver's license.

How Much Does a Second DUI Cost in Tennessee?

A second DUI offense in Tennessee carries a mandatory fine between $600 and $3,500 (TCA § 55-10-403). These fines may increase as a result of aggravating circumstances such as high BAC levels, driving with a minor while under the influence of intoxicants, and chemical test refusal. Beyond the authorized fines by Tennessee state law, other potential costs for a second DUI conviction include:

• Court fees may vary depending on the DUI case type
• $100 reinstatement fee for driver's license (additional fee of $50 may apply for filing requirements)
• Failure to surrender a driver's license costs $75
• Approximately $100 for alcohol-based education programs.

Chances of Going to Jail for a Second DUI in Tennessee

A second DUI offense in Tennessee carries a mandatory minimum jail sentence of 45 days and a maximum jail time of 11 months and 29 days. There are second DUI cases where aggravating factors could affect the duration of jail sentences. For example, a BAC of 0.20% or driving with minors in the vehicle can cause the court to impose even harsher penalties, including increasing the jail time.

Driver's License Suspension for a Second DUI in Tennessee

A second DUI offense with an alcohol concentration of less than 0.20% may result in a two-year driver's license suspension. The driver may apply for a restricted license after serving 45 days of suspension. However, a second DUI offense with a BAC of 0.20% or higher may result in a two-year suspension period, but does not allow for a restricted license. It may be possible to get a restricted license after serving 90 days of the suspension period.

If convicted of the offense or violating the Implied Consent Law, a driver arrested for a DUI is eligible for a restricted license in Tennessee. Under TCA § 55-10-406, any person driving a motor vehicle in Tennessee should have given implied consent to a breath test, a blood test, or both to determine the person's alcohol or drug blood content. The court may approve restricted licenses depending on case details, with either geographic restrictions from the court or an ignition interlock device installed on the vehicle.

Ignition Interlock Device Requirement

Tennessee Law (TCA § 55-10-417) requires that a person with two DUI convictions within 5 years of each other install an ignition interlock device (IID) on their vehicle for 6 months if that person is eligible for a restricted driver's license. However, the court may order a lengthier period if the DUI case involves aggravating factors.

The DUI offender has to cover the IID installation fee, which includes:

• An annual administrative fee of twelve dollars and fifty cents ($12.50) from each ignition interlock user
• Installation of ignition interlock devices will not exceed $150.00
• A total of not less than $75 for the removal of devices (TCA § 55-10-425).

DUI School and Substance Abuse Treatment

Whether it is a first or repeat DUI offense, DUI offenders must attend DUI school in Tennessee. A licensed DUI school program through the Department of Mental Health and Substance Abuse Services includes screening, assessment, and education for convicted DUI individuals. It provides a minimum of 12 hours of curriculum instruction, which each student must complete as a requirement for DUI School.

Adult Substance Abuse Treatment through the Department is for adults with an alcohol or drug dependency or adults with co-occurring substance use, and a psychiatric diagnosis is necessary. The court may require participants to complete the DUI evaluations at the end of the education program.

Probation Conditions

In Tennessee, the court may impose probation as part of a sentence for behavioral supervision, rehabilitation, and public safety. The probation period usually runs for 11 months and 29 days, excluding the mandatory jail time lasting at least 45 days. For a DUI conviction, defendants may be eligible for probation after service of a portion of the sentence in periodic confinement or immediately after sentencing (TCA § 40-35-302(e))

A second DUI probation in Tennessee comes with several standard conditions, including:

• Abstaining from alcohol and drugs
• Regular meetings with probation officers
• Attendance in a licensed DUI school or participation in an alcohol or drug treatment program
• Mandatory community service.

Community Service Requirements

One of the mandatory conditions for DUI probation in Tennessee is community service. A second DUI defendant's community service may last for at least 240 hours but may be subject to more hours depending on previous records and details surrounding the case.

Community service is not just an alternative to incarceration but also an opportunity for offenders to give back to the community and reflect on their actions. It can involve volunteering at local organizations or participating in road safety campaigns.

Impact on Auto Insurance

A second DUI conviction can significantly increase an offender's car insurance premiums to 100 percent or more. The insurance company may also cancel or decline to renew the policy as a second DUI defendant is considered a high-risk driver. The state will require such drivers to obtain and file SR-22 forms from their insurance companies to certify that high-risk drivers are insured, which usually comes at a high cost. A licensed insurance company must file the form through the Tennessee Department of Commerce and Insurance (TDCI) to issue motor vehicle liability insurance coverage in Tennessee.

Which Courts Handle DUI Cases in Tennessee?

The General Sessions Court has jurisdiction over DUI cases in Tennessee on county levels, with some counties having multiple divisions. Each case is usually resolved through a plea agreement, so it never needs to proceed to court. Different criminal courts in various counties in Tennessee may handle DUI cases involving felony or aggravated misdemeanors.

The following is a list of contact information for five key courts in Tennessee counties that handle DUI cases:

Giles County Sessions Court
1 Public Square,
Pulaski, TN 38478
Phone: (931) 363-5311
Fax: (931) 424-4790
Mail: P.O. Box 678, Pulaski, TN 38478

Madison County Sessions Court
515 South Liberty St.,
Suite 300,
Jackson, TN 38301
Phone: (731) 423-6128
Fax: (731) 265-5398

Shelby County Sessions Court
Civil Division,
140 Adams Avenue, Room 106,
Memphis, TN 38103
Phone: (901) 222-3400

Smith County Sessions Court
122 Turner High Circle,
Carthage, TN 37030
Phone: (615) 735-2294
Fax: (615) 735-8240

Washington County Sessions Court
108 West Jackson Boulevard,
Suite 1210,
Jonesborough, TN 37659
Civil Phone: (423) 788-1481
State Phone: (423) 788-1425.

The Driver Services Division, through the Department of Safety and Homeland Security in Tennessee, handles the testing and issuing of driver's licenses and other administrative issues. It also offers voter registration and issuance of driving records to eligible drivers. Generally, the following are the responsibilities of the division:

• Issuance, renewals, and replacement of a driver's license
• Certification of a commercial driver's license (CDL)
• Voter's registration
• Motor vehicle records (MVR)
• Address and Name Changes
• Handgun permit replacement and renewal
• Commercial driver's license road skills tests
• Issuance of plates and placards for the disabled.

Depending on the type of situation involved, Individuals can access the Department of Human Services through the contact information below:

Department Of Human Services
Division of Appeals and Hearings
ATTN: Clerk's Office
1st Floor, James K. Polk Building
505 Deaderick Street
Nashville, Tennessee 37243-8996
Fax: (615) 248-7013 or (866) 355-6136
Email to: AppealsClerksOffice.DHS@tn.gov.

Can You Get a DUI on a Horse in Tennessee?

No. Tennessee's DUI Law does not apply to riding a horse while intoxicated, but only specifies that the person must be driving a motor vehicle (TCA § 55-10-401). While a driver may not be charged with DUI for riding a horse, there are other charges for disorderly conduct, public intoxication, or reckless endangerment while riding a horse. Furthermore, these actions are dangerous and could lead to injuries or accidents.