Knoxville DUI/DWI Attorneys

Comprehensive Overview of Tennessee DUI Laws

DUI (driving under the influence), also referred to as DWI (driving while intoxicated), is considered to be a serious offense in Tennessee that often results in considerable penalties. If you have violated traffic laws or been driving unsteadily, a police officer may pull you over and ask you to take a field sobriety test. They may ask to test your breath for its blood alcohol content and ask you to submit blood sample. If you are convicted or plead guilty, Tennessee has a mandatory jail time for first-time offenders.

Facing DUI charges? Take action now! A conviction can impact your license, job, and future. Contact us at (865) 544-2010 for a free consultation and start building your defense today.

Understanding the Penalties for DUI in Tennessee

The penalties for even first time DUI offenders in Tennessee are strict. Every conviction comes with mandatory jail time, the length of which depends on the severity of the offense. If a child under 18 years of age was in the car, a thirty-day mandatory minimum incarceration sentence is added as an enhancement. Fines and license suspensions are usually added to the penalties as well.

DUI penalties in Tennessee may include: 

• First time offense – A minimum of 48 hours in jail and $350 fine; 7 days if your BAC was .2 or higher. The maximum penalty can include up to eleven months and twenty-nine days in jail and $1,500 in fines. Your license will also be revoked for one year.
• Second offense – If you have a previous DUI conviction, you will be subject to a minimum 45-day jail sentence and $600 fine. Maximum penalties include a jail sentence of eleven months and twenty-nine and up to $3,500 in fines. Your license will also be revoked for 2 years.
• Third offense – A third DUI conviction includes a minimum 120-day jail sentence and $1,100 fine with a maximum of up to eleven months and twenty-nine days and up to $10,000 in fines. Your license will be revoked for six years.
• Fourth offense – From your fourth offense and onward, the crime becomes a felony. The minimum jail sentence is 150 days with up to 6 years in prison (or up to 15 years after the sixth offense), a minimum $3,000 fine, as well as an 8-year license revocation.

Key Insights on Implied Consent Law in Tennessee

If a police officer has probable cause to believe that a driver is operating a vehicle under the influence, committed the offense of vehicular assault, aggravated vehicular assault, vehicular homicide, or aggravated vehicular homicide, refusal to submit to a breathalyzer test will result in a suspension of the driver’s license. However, the police officer must comply with strict procedures before your license can be suspended. You should consult with a lawyer to determine if you have a defense.

As you can see, Tennessee takes DUI/DWI convictions very seriously. Even if you failed a field sobriety test, there are still things that can be done to contest your conviction in court. The test may have been compromised, or law enforcement may not have had probable cause to pull you over in the first place. These are the kinds of details our Knoxville DUI lawyers can investigate.

Understanding Field Sobriety Tests and Their Implications

The Standardized Field Sobriety Test (SFST) is made of up 3 individual tests:

• Horizontal Gaze Nystagmus (HGN) test - For this test, the officer will take a pen or small object and wave it back in forth in front of the persons eyes to looks for signs of intoxication.
• Walk-and-turn test - This is performed when the officer has the person walk in a straight line for a designated number of steps and then turn around and come back.
• One-leg stand test - Here the officer will have the person stand with one leg off the ground and hold it until told to put it back down.

An officer performs these tests to help make the decision on if the person operating the vehicle was under the influence of drugs or alcohol. Some of the common signs they look for are loss of balance or using their arms to help keep their balance, slurred speech, and/or not following instructions properly.

DUI Laws and Consequences for Specific Driver Groups in Tennessee

DUI and Underage Drivers in Tennessee

Tennessee has a Zero Tolerance Policy for drivers under 21, meaning that anyone underage caught with a BAC (Blood Alcohol Content) of 0.02% or higher can face legal consequences. This is far lower than the 0.08% BAC limit for drivers over 21.

Consequences for underage DUI include:

• License suspension – First-time offenders can lose their driving privileges for one year.
• Fines and penalties – A conviction may lead to fines up to $250 and potential community service.
• Mandatory alcohol education programs – Courts may require offenders to complete a DUI education or substance abuse program.
• Long-term impact – An underage DUI can affect college admissions, job opportunities, and insurance rates.

If an underage driver’s BAC is 0.08% or higher, they can be charged with a standard DUI, facing the same penalties as an adult.

DUI and Commercial Drivers

Commercial Driver’s License (CDL) holders must adhere to stricter DUI laws due to the size and weight of commercial vehicles. In Tennessee, a BAC of just 0.04% can result in a DUI charge, half the legal limit for non-commercial drivers.

Penalties for CDL drivers include:

• One-year CDL suspension – Even a first-time offense results in a minimum one-year suspension of a commercial license.
• Employment consequences – Many trucking companies have zero-tolerance policies, meaning drivers may lose their jobs.
• Increased penalties for hazardous materials drivers – If the driver was transporting hazardous materials, the suspension period doubles to two years.
• Lifetime CDL revocation – A second DUI conviction can result in a permanent loss of CDL privileges.

A CDL driver can also face DUI charges even if they were in their personal vehicle at the time of the offense.

Aggravated DUI Charges in Tennessee

Certain factors can increase the severity of a DUI charge, leading to harsher penalties.

Aggravating factors include:

• BAC of 0.20% or higher – Increased minimum jail time for high BAC levels.
• Reckless or excessive speeding – Speeding while intoxicated can elevate charges.
• Causing an accident with injuries or fatalities – Leads to vehicular assault or vehicular homicide charges.
• Having a minor in the vehicle – If a child under 18 is present, the driver faces an additional 30-day minimum jail sentence.

Aggravated DUI offenses result in higher fines, longer jail sentences, and extended license suspensions.

Frequently Asked Questions About DUI in Tennessee

Can I refuse a breathalyzer test in Tennessee?

• Yes, you can refuse a breathalyzer test, but doing so comes with serious consequences. Under Tennessee’s Implied Consent Law, drivers automatically agree to chemical testing when they receive a driver’s license. Refusing a test results in an automatic license suspension—one year for a first refusal and up to two years for repeat offenses. Additionally, refusal can be used as evidence against you in court, making it harder to defend against DUI charges.

Will a DUI conviction stay on my record forever?

• Yes. Unlike many other misdemeanors, a DUI conviction in Tennessee cannot be expunged or removed from your record. It remains permanently, affecting job opportunities, background checks, insurance rates, and even professional licenses. This is why it’s crucial to fight the charge or seek legal options for reduced sentencing.

Can I get a restricted license after a DUI conviction?

• Yes, some individuals may qualify for a restricted driver’s license, which allows them to drive to essential places like work, school, or medical appointments. However, the court may require you to install an ignition interlock device (IID), which prevents the vehicle from starting if alcohol is detected on your breath. You must apply for the restricted license and pay additional fees before being allowed to drive again.

How does a DUI affect my car insurance?

• A DUI conviction can lead to significantly higher insurance premiums or even policy cancellation by your provider. In many cases, Tennessee requires DUI offenders to obtain SR-22 insurance, which is a high-risk insurance policy proving financial responsibility. SR-22 insurance can be expensive and may be required for several years after a DUI conviction.

Can I fight a DUI charge even if I failed a sobriety test?

Yes, failing a breath test or field sobriety test does not automatically mean a conviction. There are several defenses available, such as:

• Improper police procedures (e.g., lack of probable cause for the stop)
• Faulty breathalyzer equipment or improper calibration
• Medical conditions that mimic intoxication (e.g., diabetes, neurological issues)
  A skilled DUI attorney can review the details of your case and determine the best defense strategy.

Do I have to appear in court for a DUI charge?

• Yes. A DUI is a criminal offense, and you are required to appear in court. Failing to do so can lead to additional penalties, such as a bench warrant for your arrest and an automatic suspension of your license. If you cannot attend your court date for a valid reason, you must notify the court and request a rescheduling as soon as possible.

Local Resources for DUI/DWI Offenders in Knoxville, TN

There are several local resources available for DUI offenders in Knoxville, TN. Here are a few options:

• Helen Ross McNabb Center - This is a non-profit organization that provides substance abuse treatment and counseling services for DUI offenders.
• East Tennessee Intergroup of Alcoholics Anonymous - AA is a support group for individuals struggling with alcohol addiction. There are several AA meetings in Knoxville and surrounding areas.
• Mothers Against Drunk Driving (MADD) - MADD is a nonprofit organization that aims to prevent drunk driving and support victims of drunk driving. The organization has a local chapter in Knoxville.
• The University of Tennessee Medical Center Substance Abuse Program - The program offers a comprehensive range of services for individuals struggling with addiction, including those with DUI offenses.

It's important to note that the specific resources available may vary depending on the individual's circumstances and the severity of their offense. It's best to speak with a legal professional or treatment provider to determine the most appropriate resources for your situation.

Don't let a DUI ruin your future! Our legal team is ready to fight for your rights and explore all possible defenses. Contact us at (865) 544-2010 to discuss your case today.