You should not wait until your initial court appearance to start asking questions about your particular case. Contact a Tennessee DUI lawyer before you appear in court so that your DUI attorney can gather important information he or she needs to make informed decisions about your case. A Tennessee DUI lawyer can assess your case from your point of view, and advise you on Tennessee DUI law as it applies to your situation.
If you have questions about the sentence you face including whether the mandatory jail time provisions apply to you, contact a Tennessee DUI lawyer. You may think that there’s no way to successfully challenge a DUI charge, but Knoxville DUI lawyers know that many cases have weaknesses. These weaknesses often open doors to dismissals or acquittals. Any crack in the state’s case could create an opportunity for a Tennessee DUI lawyer to negotiate for reduced charges or a favorable plea bargain.
DUI 1 Penalties in Tennessee
Tennessee DUI attorneys understand that if you are charged with DUI for the first time, you are probably concerned and worried about your future. Our Tennesse DUI lawyers realize that Driving Under the Influence is typically not a crime involving malice. Many individuals charged with DUI are not familiar with the criminal justice system. The DUI laws and regulations are confusing and seem to change frequently.
Under Tennessee law, any person convicted for a first offense DUI shall be fined between $350 and $1,500. The court will prohibit a convicted person from driving a vehicle in the state of Tennessee for a period of one year. Tenn. Code Ann. § 55-10-403 (2007). A first offense DUI violation is a Class A misdemeanor. The jail time depends upon the circumstances surrounding the conviction.
If you are less than twenty-one years of age at the time of the offense, the court shall sentence you to confinement in the county jail or workhouse for a minimum of forty-eight hours to a maximum of eleven months and twenty-nine days incarceration. As a condition of probation, you must remove litter during daylight hours from state route highways or state-aid highways, for a period of twenty-four hours. The period of litter removal shall be served in three shifts of eight consecutive hours each.
If you are twenty-one years of age or older at the time of the offense, the court shall sentence you to confinement in the county jail or workhouse for not less than twenty-four hours nor more than eleven months and twenty-nine days. As a condition of probation, you must remove litter during daylight hours from state route highways or state-aid highways for a period of twenty-four hours. The period of litter removal shall be served in three shifts of eight consecutive hours each.
- If at the time of the offense the alcohol concentration in your blood or breath is twenty hundredths of one percent (.20%) or greater, the minimum period of confinement for you must be seven consecutive calendar days rather than forty-eight hours.
- If at the time of the offense, you were accompanied by a child under eighteen years of age, you must be punished by a mandatory minimum incarceration of thirty days and a mandatory minimum fine of one thousand dollars $1,000.
- If at the time of the offense, you were accompanied by a child under eighteen years of age, and the child suffers serious bodily injury as a result of the DUI, the violation is a Class D felony.
- If at the time of the offense, you were accompanied by a child under eighteen years of age, and the child is killed as a result of the DUI, the violation is a Class C felony.
DUI 2 Penalties in Tennessee
Knoxville DUI lawyers handle DUI cases across the East Tennessee area. If you are charged with DUI, contact one of our attorneys. Our DUI lawyers will examine the facts of your case and advise you on how to approach your particular situation. The crime of DUI is one of the most committed crimes in Tennessee and the United States today. DUI laws have stiffened over the years and the penalties exponentially increase with multiple DUI convictions.
DUI 2 is considered a Class A misdemeanor under Tennessee law. The period of confinement substantially increases compared to a DUI 1. If convicted, the offender must serve at least 45 days confinement up to 11 months and 29 days confinement in the county jail or workhouse. The difference between the time actually served and 11 months and 29 days must be served on probation.
The costs for a DUI 2 are expensive. Besides expensive court costs, DUI 2 is punishable by fine between $600 and $3,500. In addition, if you are convicted you will lose your license for a period of two years. A second offender may also forfeit his or her vehicle and be subject to an ignition lock device.
Tennessee Criminal Law – DUI 3
Tennessee DUI lawyers know the seriousness of any DUI conviction. The consequences include jail time, loss of your license, and expensive fines and court fees. If you are charged with DUI in the East Tennessee area, contact a Knoxville DUI attorney. One of our DUI lawyers will assess your case, and discuss options for moving forward.
The penalties for subsequent DUI convictions increase tremendously. Previous blogs have discussed the penalties for a first DUI offense. A DUI 3 carries the harshest DUI penalties under misdemeanor DUI law. If a person receives a DUI 4 within the requisite time period, it is considered a felony under Tennessee law.
The third conviction of DUI in Tennessee is still considered to be a Class A misdemeanor. The mandatory minimum incarceration period is 120 days up to 11 months and 29 days. The difference between the time actually served and 11 months and 29 days must be served on probation according to the statute. DUI 3 carries stiff fines as well. DUI 3 is punishable by fine of $1,100 to $10,000. In addition, an individual convicted of DUI 3 will lose his or her license between 3 and 10 years. Besides heavy fines and jail time, a convicted individual is subject to forfeiture of his or her automobile, and an ignition interlock device.
A third DUI conviction within the requisite time will have HMVO (Habitual Motor Vehicle Offender) implications. Contact a Tennessee DUI lawyer to discuss your case further. All initial consultations are free. Our DUI attorneys handle DUI cases in Knoxville, Gatlinburg, Pigeon Forge, Sevierville, Morristown, Dandridge, Maryville, and Newport.