How is a DUI charge defined under Tennessee law?

Tennessee Code Annotated § 55-10-401 provides:

Driving under the influence of intoxicant, drug or drug producing stimulant prohibited — Alcohol concentration in blood or breath. —

(a)  It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:

(1)  Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or

(2)  The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08 %) or more.

(b)  For the purpose of this section, “drug producing stimulating effects on the central nervous system” includes the salts of barbituric acid, also known as malonyl urea, or any compound, derivatives, or mixtures thereof that may be used for producing hypnotic or somnifacient effects, and includes amphetamine, desoxyephedrine or compounds or mixtures thereof, including all derivatives of phenolethylamine or any of the salts thereof, except preparations intended for use in the nose and unfit for internal use.

What are the potential sentences I could face?

It largely depends on the number of times you have been convicted of a DUI in Tennessee. The possible sentences are addressed in Tennessee Code Annotated §55-10-403. Summarized, the possible sentences for a conviction of driving under the influence (DUI) in Tennessee include:

– First Offense DUI in Tennessee: $350 – $1,500 fine, lose your Tennessee driver’s license for a period of one (1) year, Minimum of 48 hours in jail, community service picking up litter while wearing an orange vest with the phrase “I AM A DRUNK DRIVER” emblazoned on the back. If blood alcohol level is greater than .20%, the minimum jail time is seven (7) days.

– 2nd Offense DUI in Tennessee: $600 – $3,500 fine, Minimum of 45 days in the county jail or workhouse, lose your Tennessee driver’s license for a period of two (2) years, possible imposition of a court approved alcohol or drug treatment program.

– 3rd Offense DUI in Tennessee: $1,100 (min) – $10,000 (max) fine, Minimum of 120 days in jail, lose your Tennessee driver’s license for a minimum of 3 but not more than 10 years.

– 4th (or greater) Offense DUI in Tennessee: Class E Felony, $3,000 – $15,000 fine, Minimum of 150 days (served day for day) in jail, lose your Tennessee driver’s license for five (5) years.

Other noteworthy provisions within the Tennessee DUI statute:

If at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, the person shall be punished by a mandatory minimum incarceration of thirty (30) days and a mandatory minimum fine of one thousand dollars ($1,000).

If at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child suffers serious bodily injury as the proximate result of the violation of § 55-10-401, the person commits a Class D felony and shall be punished as provided in § 39-13-106, for vehicular assault.

If at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child is killed as the proximate result of the violation of § 55-10-401, the person commits a Class B felony and shall be punished as provided in § 39-13-213(b)(2) for vehicular homicide involving intoxication.