In Tennessee, the crime of Driving Under the Influence (DUI) can have potentially disastrous effects upon a defendant. The crime itself is unique in that you can be convicted solely on the mere opinion of someone else that you were operating a vehicle while impaired.

Tennessee Code Ann. § 55-10-401(a) provides:

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.

The range of penalties for DUI and related crimes is as follows:

IMPLIED CONSENT – REFUSAL TO SUBMIT TO BLOOD ALCOHOL (BAC) [55-10-406]

• Revocation of Drivers License for 1 year – 1st offense
• Revocation of Drivers License for 2 years – 2nd offense
• Revocation of Drivers License for 2 years if crash resulted in bodily injury (Most Aggravated Drunk Driving Law)
• Revocation of Drivers License for 5 years if crash resulted in a death (Most Aggravated Drunk Driving Law)

1ST TIME DUI OFFENDER – .08 (BAC) [55-10-401] [55-10-403]

• 48 hours up to 11 months, 29 days for offenders in violation of 55-10-401
• .20 BAC or greater minimum jail time 7 consecutive days
• License revocation for 1 year
• You will be ordered to participate in a DUI school
• Pay restitution to any person suffering physical injury or personal loss
• $350-$1,500 fine
• With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900
• Judge can order you to install a vehicle Ignition Interlock Device at your expense. Minimum 1st year cost $810 [55-10-412d]
• If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
• Drug and Alcohol Treatment may be required at the judge’s discretion

2ND TIME DUI OFFENDER

• 45 days to 11 months, 29 days in jail
• $600-$3,500 mandatory fine
• License revocation for 2 years/Restricted License available after first year
• Subject to .08 BAC
• Subject to vehicle seizure/forfeiture
• You will be ordered to attend a DUI school
• The judge can order you to install a vehicle Ignition Interlock Device at your expense
• If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
• Pay restitution to any person suffering personal injury or loss

3RD TIME DUI OFFENDER

• 120 days to 11 months, 29 days in jail
• $1,100 to $10,000 mandatory fines
• License revocation for 3-10 years/NO restricted license available
• Subject to .08 BAC
• Subject to vehicle seizure/forfeit
• DUI school
• Judge could order an Ignition Interlock Device installed at your expense
• If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

4TH AND SUBSEQUENT DUI OFFENDER

• Class E Felony
• 1 Year (365) days of jail time with a minimum of 150 consecutive days served
• $3,000 to $15,000 mandatory fine
• License revocation for 5 years/NO restricted license available
• Subject to vehicle seizure/forfeit
• DUI school
• Judge could order an Ignition Interlock Device installed at your expense
• If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

VEHICULAR ASSAULT – SERIOUS INJURY TO ANOTHER PERSON BY A DUI DRIVER

• Class D Felony [39-13-106]
• License revocation from 1 to 5 years according to prior offenses
• Jail time 2 to 12 years according to range [40-35-112]
• Plus fines and court costs

CHILD ENDANGERMENT – DUI WITH PASSENGER UNDER 13 YEARS OLD

• Class D felony if child suffers serious injury [55-10-403] [40-35-112]
• 2 to 4 years jail time
• Class C Felony if child death involved
• 3 to 6 years jail time
• License revocation

VEHICULAR HOMICIDE

• Class B Felony [39-13-213] [40-35-112]
• Fatal crash caused by DUI with .08 BAC or more
• License revocation for 3-10 years/NO restricted license available

AGGRAVATED VEHICULAR ASSAULT WHILE DRIVING INTOXICATED

• Class A Felony [39-13-218] [40-35-112]
• If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault convictions or, (c) any combination
• One prior Vehicular Homicide
• A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense

The potential defenses and strategies involving DUI and related crimes are numerous. To discuss which strategies are best for your case, contact the Knoxville Tennessee DUI defense attorneys at The McKellar Law Firm for a free consultation at 865-566-0125.