Being charged with driving under the influence (DUI) or driving while intoxicated (DWI) has life-altering legal consequences whether you were arrested in your neighborhood or across the state.
The Putnam County DUI lawyers at The Law Office of Douglas K. Dennis understand how our clients may be confused or intimidated by the legal process. That’s why we strive to counsel you in a manner that inspires confidence about navigating the ins and outs of your case.
Whether it’s a misdemeanor or felony DUI charge, we offer responsive representation with compassion and respect to help you or your loved one have a fighting chance at securing their best possible future.
Fight your DUI case with us by calling (931) 528-3684 or contacting us online for a free consultation.
What Happens When You Get Stopped for a Suspected DUI
If the police stop you for a suspected DUI offense, anything they do after that is meant to gather evidence to confirm their suspicion. Officers can turn a suspected DUI check into an arrest by submitting you to field sobriety tests or chemical tests of your breath and blood.
What is The Legal BAC (Blood Alcohol Content) Limit in Tennessee?
The legal blood alcohol concentration (BAC) limit in Tennessee is set at .08. However, BAC readings of .20 or higher can result in more severe penalties, at the judge’s discretion.
You have the right to refuse a field sobriety test, such as walking a straight line, reciting the alphabet backwards, or keeping your gaze locked on a swaying flashlight. The results from these unscientific tests can be inaccurate and cause you unnecessary trouble. You cannot, however, refuse a test of your breath or blood. As a holder of a Tennessee driver’s license, you have already consented to breath and blood tests to determine your BAC and must undergo these checks if an investigating officer requires them.
What Are the DUI Penalties in Tennessee?
Getting a DUI conviction, even on a first offense, gives the judge a portfolio of severe sentences that may be levied against you.
DUI convictions occurring within 10 years of each other can carry the following penalties under Tennessee law:
- First Offense: You can be jailed for a minimum of 48 hours but possibly up to 11 months and 29 days, face a $350-$1,500 fine, may lose your driver’s license for one year, and may take a mandatory court-approved DUI education course.
- Second Offense: You can be jailed for a minimum of 45 days but possibly up to 11 months and 29 days, face a $600-$3,500 fine, may lose your driver’s license for two years, and may take a mandatory court-approved DUI education course. Your vehicle can also be confiscated.
- Third Offense: You can be jailed for a minimum of 120 days and up to 11 months and 29 days, face a $1,100-$10,000 fine, may lose your driver’s license for 6-10 years, and may take a mandatory court-approved DUI education course. Your vehicle can also be confiscated.
- Fourth Offense and beyond: You can be imprisoned for at least one year, face a $3,000-$15,000 fine, and may lose your driver’s license for eight years with no chance of getting a restricted license.
What is the Difference Between a DUI and a DWI in Tennessee?
In Tennessee, the main difference between a DUI and a DWI is that DUIS are given to adults 21 or older, while DWIS are given to 16 to 21-year-olds that are driving under the influence. But, if you’re between 18-20 you could be charged with either one.
How Long is a DUI on Your Record in Tennessee?
A DUI will stay on your record forever. However, the look-back period for repeat DUI offenses is 10 years. Since there is a 10-year look-back period in Tennessee, this means that if you receive a DUI conviction, only convictions within the previous decade can be counted towards subsequent DUIS.
Can I Get a DUI Expunged in Tennessee?
In Tennessee, you can not get a DUI expunged. If you were charged with a DUI, but it did not lead to a conviction or the case was dismissed, the DUI can be expunged.
Additionally, if you were charged with a DUI, but were instead convicted of a lower crime such as reckless driving or reckless endangerment, the record can be expunged. Since a DUI conviction can never be expunged, there are negative ramifications to pleading guilty to a DUI conviction.
The negative ramifications that can come from this include your ability to get housing, employment, getting a job, your reputation. Some employers may even automatically fire you for receiving a DUI. Receiving a DUI is also time-consuming because you may have to miss work for court dates and attend certain programs.
Get a fighting chance at avoiding or mitigating these penalties by calling us at (931) 528-3684 for a free consultation.
