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Can DUI Be a Felony in Tennessee?

 Posted on April 04, 2024 in DUI/DWI/BUI

Knoxville, TN DUI defense attorneyDriving under the influence is a serious offense in Tennessee, accompanied by license suspension, fines, and even jail time. If you drive in Tennessee, you automatically submit to blood alcohol testing. Refusal to test can result in license revocation.

If you have been charged with a DUI in Tennessee, our Knoxville DUI defense lawyer can offer you the aggressive representation you need.

When Can a Person Be Charged with a DUI in Tennessee?

Under Tennessee law, a motorist is considered to be driving impaired if under the influence of alcohol, marijuana, or any narcotic substance. A person is considered impaired if he or she has a blood alcohol concentration (BAC) of 0.08% g/dL or higher. 

Signs of Impairment

A police officer can only pull someone over if the officer has reason to believe that the driver is intoxicated. To justify doing so, the driver must be showing signs of impairment, which may encompass any of the following:

  • Weaving in and out of lanes

  • Straddling a lane line

  • Drifting

  • Accelerating or decelerating for no apparent reason

  • Varying speed or unusually slow speed

  • Jerky or sharp turns

  • Driving in the wrong lane

  • Driving without headlights at night

DUI Penalties in Tennessee

Assuming that there are no aggravating factors if you are convicted of a DUI, penalties will vary based on the number of DUI offenses:

First DUI Offense

  • Imprisonment of 48 hours to 11 months, 29 days

  • If BAC is 0.2% or greater, a minimum of 7 consecutive days in jail

  • License revocation for one year with restricted license available

  • $350-$1,500 fine

  • Mandatory participation in alcohol and drug treatment programs

Second DUI Offense

  • Imprisonment of 45 days to 11 months, 29 days

  • License revocation for two years with restricted license available

  • Vehicle may be seized or forfeited

  • If there are two DUI convictions within a five-year period, an Ignition Interlock Device (IID) is required for six months after the license is reinstated

  • $600-$3,500 fine

  • Mandatory alcohol and drug treatment program

Third DUI Offense

  • Imprisonment of 120 days to 11 months, 29 days

  • License revocation for six years with restricted license available

  • Vehicle may be seized or forfeited

  • $1,100 to $10,000 in mandatory fines

  • If there are two DUI convictions within a five-year period, IID is required for six months after license reinstatement

  • Mandatory alcohol and drug treatment program

Fourth DUI and Subsequent DUI Offenses

  • Class E Felony

  • Imprisonment of 365 days, with a minimum of 150 consecutive days served

  • License revocation for eight years, with a restricted license available

  • Vehicle may be seized or forfeited

  • $3,000 to $15,000 in mandatory fines

  • If there are two DUI convictions within a five-year period, IID is required for six months after license reinstatement

A DUI conviction places your civil liberties at risk. Avoiding a conviction is key, and a Knox County DUI defense lawyer will work with you to help defend your rights.

Speak with Our Knoxville, TN DUI Defense Lawyer 

While all DUI charges should be taken seriously, the fines alone that accompany a felony offense are enough to bankrupt you. A Knox County, TN DUI defense lawyer has the experience to advocate on your behalf. If you have been arrested or charged with a DUI, contact the Jeffrey Coller, Knoxville Criminal Defense Attorney today online or by calling 865-281-1000 to schedule your free consultation.

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