Vanburen 2006

Driving Under the Influence

Driving Under the Influence is the only crime for which an individual can be
convicted on little more than the opinion of a police officer. While most DUI
offenses are classified as misdemeanors, the penalties for this crime are typically
much more serious.

In order to convict a person of DUI, the State must 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.

Consequently, a person is legally considered to be under the influence "per se" if
their blood alcohol level meets or exceeds .08%. This holds true even if the other
evidence does not indicate the person's ability to drive is actually impaired.
Contrary to the belief of many people, you can be convicted of DUI for operating a
motor vehicle while under the influence of drugs, even if prescribed by a physician.

Tennessee DUI Tennessee Penalties - If Convicted

Violation of the Implied Consent Law - Commonly Known as Refusal to
Submit to Blood Alcohol (BAC) Test

Driver's License Revocation for 12 months
24 months if there is a crash that resulted in bodily injury
5 years if an crash resulted in a death

1st Time DUI Offender

Minimum of 48 hours in jail up to 11 months, 29 days
Minimum $350 fine up to $1500
Driver's License revocation for 12 months
Court ordered participation in alcohol and drug safety DUI school

If the BAC is greater than .20 then the minimum period of confinement is seven consecutive
calendar days

2nd Time DUI Offender

Minimum of 45 consecutive days in jail up to 11 months, 29 days
Minimum $600 fine up to $3,500
Driver's License revocation for two years / NO restricted license available.
Alcohol & Drug treatment before reinstating license
Vehicle subject to seizure

3rd Time DUI Offender

Minimum of 120 consecutive days in jail to 11 months, 29 days in jail
Minimum $1,100 fine up to $10,000
License revocation for 3 - 10 years / NO restricted license available
Vehicle subject to seizure
Alcohol & drug treatment before reinstating license

4th and Subsequent DUI Offender

Class E Felony - one to six year sentence
Minimum of 150 consecutive days in jail
Minimum $3,000 fine up to $15,000
Loss of driver license for 5 years /No restricted license available
Alcohol & drug treatment before reinstating license