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General DUI Information in Tennessee

THE CRIME. Driving Under the Influence is the only crime for which an individual can be convicted solely on 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.

Thus, a person is legally considered to be under the influence “per se” if their blood alcohol level meets or exceeds the legal limits referred to above. This holds true even if the other evidence does not indicate that the person’s ability to drive is actually impaired. A person may also be convicted of DUI for operating a vehicle while under the influence of a narcotic, even if it was prescribed by a physician.

THE CONSEQUENCES. Upon conviction for First Offense DUI, a person is subject to the following penalties:

A 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;
A minimum of $350.00 fine and court costs;
Loss of driver's license for a period of one year; and
Enrollment in a court-approved DUI education course; attendance of 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 breath test 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.

Because the facts, law, and circumstances of each case vary, it is important for persons in need of a lawyer to meet individually with counsel to obtain specific advice. The information contained on this website is no substitute for individual consultation.