First TIME DUI OFFENDER – (.08% BAC) [T.C.A. § 55-10-401] [T.C.A. § 55-10-403]
48 hours up to 11 months, 29 days in jail for offenders in violation of § 55-10-401 (NOTE: For BAC .20 or greater, the minimum jail time is seven (7) consecutive days).
$350-$1,500 mandatory fine
License revocation for 1 year/Restricted License may be available
You will be ordered to participate in a DUI school
You will be required to participate in a 24-hour litter removal program (three 8-hour shifts) as part of probation. You will also have to pay the sheriff a supervision fee. Those convicted must wear a brightly-colored vest stating: “I am a drunk driver”
You will be ordered to pay restitution to any person suffering physical injury or personal loss
The judge will order you to install a vehicle Ignition Interlock Device at your expense if you meet the following conditions:
If you have a BAC of .15% or greater
If you were driving with a minor under the age of 18
If you are “involved in a traffic accident” due to your intoxication that results in more than $400.00 in damage, or
If you are “in violation of the implied consent law… and [have] a conviction or juvenile delinquency adjudication for a violation that occurred within [the past] 5 years.”
NOTE: Ignition Interlock Devices cost a maximum of $70.00 for installation and driveragent plus safe a maximum of $100 per month for the cost of monitoring, maintenance, and use. [T.C.A. § 55-10-423(a)]
If you receive two (2) convictions of DUI in 5 years, an Ignition Interlock Device are required for 6 months after reinstatement at your expense
Drug and Alcohol Treatment may be required at the judge’s discretion
Other court fees (ignition interlock fee of $40.00, blood alcohol test cost of between $17.50 and $50.00, etc.)
With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $5,000 or more
2ND TIME DUI OFFENDER (.08% BAC) [T.C.A. § 55-10-401] [T.C.A. § 55-10-403]
45 days to 11 months, 29 days in jail
$600-$3,500 mandatory fine
License revocation for 2 years/Restricted License serial number idm 6.21 available after first year
Subject to vehicle seizure/forfeiture
DUI School
Undergo a drug and alcohol assessment and attend a drug or alcohol rehabilitation program, both at your expense
The judge can order you to install a vehicle Ignition Interlock Device at your expense
If you receive two (2) convictions of DUI in 5 years, Ignition Interlock Device is required for 6 months after reinstatement at your expense
You will be ordered to pay restitution to any person suffering personal injury or loss
3RD TIME DUI OFFENDER (.08% BAC) [T.C.A. § 55-10-401] [T.C.A. § 55-10-403]
120 days to 11 months, 29 days in jail
$1,100-$10,000 mandatory fine
License revocation for between 6 and 10 years/NO restricted license available
Subject to vehicle seizure/forfeiture
DUI school
Undergo a drug and alcohol assessment and attend a drug or alcohol rehabilitation program, both at your expense
Judge could order an Ignition Interlock Device installed at your expense
If you receive two (2) convictions of DUI in 5 years, an Ignition Interlock Device is required for 6 months after reinstatement at your expense
4TH AND SUBSEQUENT DUI OFFENDER (.08% BAC) [T.C.A. § 55-10-401] [T.C.A. § 55-10-403]
Class E Felony
1 Year (365) days of jail time with a minimum of 150 consecutive days served
$3,000- $15,000 mandatory fine
License revocation for 8 years/NO restricted license available
Subject to vehicle seizure/forfeit
DUI school
Undergo a drug and alcohol assessment and attend a drug or alcohol rehabilitation program, both at your expense
Judge could order an Ignition Interlock Device installed at your expense
If you receive two (2) convictions of DUI in 5 years, an Ignition Interlock Device required for 6 months after reinstatement at your expense
VEHICULAR ASSAULT – SERIOUS INJURY TO ANOTHER PERSON BY A DUI DRIVER [T.C.A. § 39-13-106]
Class D Felony
Between 2 and 12 years of jail time according to range [40-35-112]
License revocation from 1 to 5 years depending upon number of prior offenses
Plus fines and court costs
CHILD ENDANGERMENT – DUI WITH PASSENGER UNDER 18 YEARS OLD [T.C.A. § 39-15-401]
30 days mandatory minimum jail time
Minimum $1,000 mandatory fine
NOTE: These enhancements are in addition to any other jail time and fine for the underlying DUI offense!
Also, penalties are enhanced in the event that the minor passenger is seriously injured or killed:
Class D felony if child suffers serious injury [55-10-403]; between 2 and 4 years of jail time [T.C.A. § 40-35-112]
Class C Felony if child death involved; between 3 and 6 years of jail time
License revocation
VEHICULAR HOMICIDE [T.C.A. § 39-13-213]
Fatal vehicle crash caused by DUI with .08% BAC or more
Class B Felony [T.C.A. § 40-35-112]
License revocation for between 3 and 10 years/NO restricted license available
AGGRAVATED VEHICULAR ASSAULT WHILE DRIVING INTOXICATED
Class A Felony [T.C.A. § 39-13-218] [T.C.A. § 40-35-112]
If any of the following conditions are present: Two or more prior (a) DUI convictions, (b) Vehicular assault convictions or, (c) any combination
One prior Vehicular Homicide
A BAC of .20% or greater at the time of the vehicular homicide has one (1) prior DUI or Vehicular Assault offense.