TN DUI Penalties if Convicted

While most DUI offenses are classified as misdemeanors rather than felonies, the TN DUI penalties for  DUI convictions are typically much more serious than other misdemeanors. Though TN DUI penalties will differ in each case, depending on the particular facts and circumstances, all DUI convictions require mandatory jail time. The summary below of TN DUI penalties is intended to be general in nature and should not be relied upon without individual consultation with a well-qualified DUI lawyer in Knoxville, Tennessee or the Tennessee jurisdiction in which you were arrested.

 Other Consequences of a Tennessee DUI Conviction

Tennessee DUI defendants find themselves dealing with other consequences of a Tennessee DUI conviction long after all fines are paid, probation has expired, and their driver’s license has been reinstated. Few understand not only the stigma that follows a DUI conviction, but also the correlating economic, professional, and restrictive consequences that will plague a person convicted of a Tennessee DUI offense for the rest of their life.

Just like TN DUI penalties, the additional consequences of a DUI conviction will vary depending upon the facts and circumstances of each case. The following list is intended only as a general guideline to identify some of these potential concerns facing Tennessee DUI offenders.

  • Increase in automobile insurance premiums or even cancellation of an insurance policy following a Driving Under the Influence arrest or DUI conviction;
  • Inability to rent a vehicle from a commercial agency;
  • Restrict ability to obtain and/or maintain life insurance, health insurance, and disability insurance;
  •  Jeopardize the status of a professional license (e.g. Doctor, Lawyer, Nurse, Stock Broker, Airplane Pilot);
  • Impair ability to obtain future employment or to be accepted into an educational program (e.g. undergraduate or graduate school admission);
  • Restrict a person’s ability to acquire and/or maintain the possession of a firearm; Restrict one’s ability to travel outside of the United States (i.e. Canada, which maintains strict laws on the eligibility of entrance to the country for those who have been arrested and/or convicted of Driving Under the Influence and related crimes).

These additional TN DUI penalties of a Tennessee DUI conviction stress the importance of consulting with an experienced and knowledgeable DUI attorney in Knoxville, TN or the jurisdiction in which you were arrested as soon as possible.

Summary of Tennessee DUI Penalties

 

1st OFFENSE DUI

 

2nd OFFENSE DUI

 

3rd OFFENSE DUI

4th or SUBSEQUENT  OFFENSE DUI

 

PUNISHMENT

Class A Misdemeanor

11 months, 29 days

 

Class A Misdemeanor

11 months, 29 days

 

Class A Misdemeanor

11 months, 29 days

 

Class E Felony

One to six years

JAIL TIME

YES

Mandatory minimum 48 hours (7 days if blood alcohol concentration is .20% or higher)

YES

Mandatory minimum

45 days

YES

Mandatory minimum

120 days

YES

Mandatory minimum

150 days

FINES

Minimum fine $350

Maximum fine $1,500

Minimum fine $600

Maximum fine $3,500

Minimum fine $1,100

Maximum fine $10,000

Minimum fine $3,000

Maximum fine $15,000

WORK RELEASE

After mandatory minimum jail time.

After mandatory minimum 45 days or, in certain circumstances, after 2 days.

After mandatory minimum 120 days.

After mandatory minimum 150 days.

LITTER PICK-UP

YES

Mandatory 24 hours of roadside litter pick-up.

NO

NO

NO

DUI ASSESSMENT

YES

$100

YES

$100

YES

$100

YES

$100

BLOOD ALCOHOL OR DRUG CONCENTRATION TEST FEE

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

LICENSE REVOCATION

1 year

2 years

Minimum 6 years

Maximum 10 years

Minimum 8 years

RESTRICTED DRIVER’S LICENSE

POSSIBLY

If no serious bodily injury or death. Not available for Commercial Motor Vehicle (CMV) driver’s license.

Only after expiration of one year of license revocation, and with compliance with other special conditions, if no serious bodily injury or death.

None Available

None Available

VEHICLE FORFEITURE

POSSIBLY

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

INTERLOCK DEVICE

POSSIBLY

At the discretion of the court or mandatory if certain conditions are present.

POSSIBLY

At the discretion of the court or mandatory if have prior DUI conviction in past 5 years.

POSSIBLY

At the discretion of the court or mandatory if have prior DUI conviction in past 5 years.

POSSIBLY

At the discretion of the court or mandatory if have prior DUI conviction in past 5 years.

ALCOHOL SAFETY/DUI SCHOOL OR VICTIM IMPACT PANEL

MANDATORY

POSSIBLY

POSSIBLY

POSSIBLY

REHABILITATION PROGRAM

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

COMMUNITY SERVICE

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION



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WHAT SETS US APART


Board Certified in DUI Defense: Steve Oberman is the only lawyer in Tennessee to be recognized as a Certified Specialist in the area of DUI Defense Law by the Tennessee Commission on Continuing Legal Education and Specialization, and by the National College for DUI Defense, Inc.

Don’t Hire Us To Plead Guilty as Charged: We are interested in actively defending those accused of DUI—not pleading you guilty as charged.

Personalized Attention for Our Clients: Steve and Sara limit the number of cases they select to ensure our clients receive the special attention they deserve.

We Use a Team Approach with Every Case: Although you hire only one lawyer as lead counsel, our lawyers and investigator collaborate together on defense strategies for each case.

Highest Peer Review Ratings: Martindale-Hubbell® has bestowed the firm with the highest rating for law firms. Both Steve and Sara have achieved the 10.0 (Superb) rating from www.avvo.com. Steve has been selected as a Mid-South Super Lawyer® in the area of DUI/DWI defense since 2006, while Sara has been named a "Rising Star" by Mid-South Super Lawyers® in the area of DUI/DWI defense.

Our Practice is Devoted to DUI or Related Cases: Because the severe consequences one faces when accused of driving under the influence and due to the complexities inherent in defending DUI cases, our practice is focused on this particular area of the law.

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