Introduction to Tennessee DUI Laws
Tennessee DUI laws are based on a combination of Tennessee legislation and other legal precedent. The main law on the books about DUI in the state is Tennessee Code Annotated section 55-10-401(a) which has several subsections stating that it’s an offense to drive under the influence of alcohol, drugs or a combination thereof. With regard to the alcohol and drugs, the law specifies what the legal limit is. However, the law doesn’t distinguish between drugs like cocaine, legal drugs like narcotic painkillers and methamphetamine.
A person found with over .08 blood alcohol content can be charged with a DUI, but there are still other elements that need to be shown in order for the prosecution to prevail. These include the following:
1. The defendant was in transit on a road, highway or other motorway.
2. The defendant operated their vehicle with a "knowing" state of mind. An innocent mistake, for instance, that the key was not in the ignition might not be considered "knowing."
If the driver’s blood alcohol content exceeds .08 and their faculties are impaired, they can be convicted of a DUI by a jury, but there are some nuances to these first two requirements . For instance, the Tennessee courts have found that merely holding the key while in the car without the ability to start the vehicle does not constitute being "in transit."
The driver need not be in transit by himself. A married couple where one is driving is enough for there to be DUI liability. Also, regardless of the driver’s state of mind, if the police officer witnesses an arrest, that’s enough. While a conviction requires proof beyond a reasonable doubt, the arrest alone is enough for a finding of probable cause.
What constitutes a "vehicle" under Tennessee DUI law is also broader than you might think. While the law only applies to vehicles under the definition given under the statute, that definition can include watercraft, bicycles and farm vehicles as well as motor vehicles. Trucks, motorcycles and mopeds are also included.
The primary penalties for violating Tennessee DUI law are mandatory minimum jail terms for regular drivers, aggravated drivers (those who meet certain criteria for DUI convictions) and felony drivers. Regular DUI offenses have a minimum jail time; aggravated and felony DUI offenses have both minimum and maximum jail terms. For regular offenders, the jail time is consecutive.
Tennessee DUI Penalties
The penalties for DUI convictions vary not just based on the facts of driving while intoxicated, but also on prior convictions. In Tennessee, the law is broken down into first and second and subsequent offenses.
To begin with, a first offense DUI can have a lot of variables, and it’s important to remember, even if you had a beer earlier in the day with lunch, and came home, had another beer, but then took off a couple of hours later for whatever reason, that this still qualifies as a DUI driving under the influence offense. A first offense DUI under Tennessee law carries with it penalties of: up to 11 months 29 days of jail time, a fine of $350 to $1,500, DUI school and victims impact panel, an alcohol and drug assessment and treatment, community service and possible interlock device. In addition to all of this, your driver’s license will be revoked for a full year. But, under a first offense DUI, you are eligible for a restricted license provided you enroll in a drunk or drug-driving school. But, you still have to do 45 days of jail time in order to qualify. A second offense carries with it some more serious penalties but the most critical part of the second offense is that you’re now considered a repeat offender. Also, the second offense DUI activates a mandatory minimum jail time without any other exceptions. A second offense DUI carries up to a year of jail time, a minimum of 45 days mandatory jail time, a $600 to $3,500 fine, an alcohol and drug assessment and treatment and community service. Your driver’s license will be revoked for a period of two years. After 30 days, you can apply for a restricted license but, again, you have to complete the drunk or drug-driving school as well.
Tennessee Implied Consent Laws
Tennessee, like many states, has DUI "implied consent" laws. These laws, which are rather complex, are generally understood to mean that any person driving on the roads of Tennessee has consented to a chemical test of the person’s blood, breath, or urine. The test may only be given if the arresting officer has probable cause to believe that the person is violating the DUI statute. Refusal to submit to the requested chemical test upon request of the arresting officer gives rise to certain administrative and criminal consequences.
Upon an officer’s request for a chemical test, the citizen has the right to confer with an attorney. The attorney does not have to be present at the time the test is requested, but should be contacted quickly after arrest. It is also important to notify your attorney if you have previously refused a chemical test. Your attorney should obtain all records from the alcohol and drug testing laboratory as soon as possible.
At the time of the person’s arrest, the arresting officer is required to inform the person that: If the person does not consent to the chemical test, the officer will confiscate his/her driver’s license and issue a temporary permit authorizing the driver to operate a motor vehicle for a limited time (usually 20 days after the arrest). A person who refuses to submit to a chemical test will automatically lose his/her driving privileges for one year. If a person’s driving privileges have not yet been revoked, the arresting officer will confiscate the person’s driver’s license and issue a 10-day temporary permit to drive. After 10 days, the person’s driving privileges will be suspended. If the person’s driver’s license has already been revoked, the arresting officer will confiscate the driver’s license and issue a temporary permit to drive for 10 days.
After 10 days, the person’s driving privileges will be suspended. For this reason, it is essential that you contact a qualified attorney as quickly as possible. It is also important to remember that your attorney must file for a "stay" in order to allow you to drive during the period your license is revoked and challenge the suspension amount. Failure to act immediately will result in a waiver of all arguments you should have made within the first three days after arrest. Filing for a stay is a critical step to preserve your arguments and keep you on the road!
Defenses for DUI Cases
The most common legal defenses for DUI charges in the state of Tennessee might include:
Occupants of the Vehicle
If it can be proven the defendant was not the driver when stopped, the case could potentially be dismissed due to a lack of DUI. There have been cases in the past where the occupants of a single vehicle claimed each other as the driver at the time of the alleged offense causing the case to be dismissed by the state.
Field tests
Field sobriety tests, which include several difficult tasks completed while standing on one leg, are often called into question due to the fact that they can be subjectively evaluated by the law enforcement officer who administered the test. Poor weather conditions, illness, a head cold or any other number of factors could attribute to a poor performance on the tests causing them to be less than valid.
Breath test results
In order to gauge the blood alcohol content of the individual in question, a breath test may be administered. This test may give mixed results depending on the individual or even on the time it took for the test to be administered. Breath tests are not as accurate as other types of blood tests, such as blood or urine tests, which tend to provide more accurate readings of blood alcohol content.
Lack of probable cause to arrest
If the officer has no probable cause to arrest the individual cited for a DUI, there may be a case to be dismissed. Probable cause may include the condition of the individual, the smells around the individual or the behavior and speech of the subject. If the officer had no probable cause to believe the individual was drinking and driving, there is no case.
Vehicle in question isn’t a motor vehicle
Many issues surround the definition of what constitutes a motor vehicle. Thus far, Tennessee courts have determined that a motorized Scooter does not constitute a motor vehicle, but there are areas of gray even in the definition of a motorized Scooter.
License Plate Stamps
If you were stopped for DUI based on the belief that your license plate sticker was old or not valid, you may have been unjustly stopped and questioned by the police. The sticker on your license plate may not be an accurate representation of the true status of your vehicle registration which may have been valid.
There have been a number of cases in which an individual has been arrested for DUI not long after being released from the hospital, thus raising the issue of whether or not they were impaired by the alcohol or by the medication they were given by a physician.
Tennessee courts have found that a valid blood test demonstrating blood alcohol content is necessary before there can be a conviction of DUI. This means that blood tests must be conducted as soon as possible after a stop in order to uphold a DUI conviction in Tennessee.
DUI and Your Driving Record and Insurance
When a person is arrested for driving under the influence (DUI) in Tennessee, the officer makes a note of the arrest and sends the information to the Tennessee Department of Safety and Homeland Security (TDSHS). Once that happens, your driving record will reflect the DUI arrest. If a person is convicted of DUI, the conviction will remain on their record for 10 years. This will mean that it is very difficult, or impossible, to spend 10 years without being charged with another DUI. While there is a habitual offender law in Tennessee that addresses repeat DUI offenders, prior to the 4th DUI conviction, you could be charged as a Class A misdemeanor. If convicted of a Class A misdemeanor DUI, the offense will remain for 10 years. At that time, it will be removed from your record. If, however, you rack up a 4th or greater DUI conviction during that 10 year period, you will be charged with a Class E felony . In other words, your record of DUI arrests and convictions will follow you for the rest of your life. One of the most difficult parts of receiving a DUI arrest and/or conviction is the impact this will have on your insurance rates. Receiving a DUI arrest means that your personalized insurance rates will no longer be valid. When you apply for insurance, the company will look at your driving record and assume you are a higher risk based on the conviction. They will then charge you a higher monthly premium if they agree to cover you at all. If you are convicted of DUI for the first time, it is likely that you will simply be charged a higher premium and not denied coverage. However, once you receive a 2nd or greater DUI conviction, your chances of receiving coverage are slim. Many companies will refuse to insure you altogether.
Differences You Can Make After a DUI Arrest
In the unfortunate event that you are arrested for a DUI in Tennessee, it is critical that you know what steps to take to minimize your legal problems and protect your rights. The first thing you should do is to exercise your right to contact an attorney. It will be in your best interests if you have an experienced Tennessee drunk driving defense lawyer present during your questioning by law enforcement. Otherwise, you could end up saying something that could get used against you in court. If you are not given the opportunity to contact an attorney at the police station, you should ask to speak with one as soon as you are able to do so. The next step is to attend your arraignment. Within 72 hours of your arrest, you will be required to go to court and enter a plea in front of a judge. You have the right to enter a plea of guilty, not guilty or nolo contendere. "Nolo contendere" means that you are choosing not to contest the charges against you. Accepting this does not mean that you are guilty of the charges. It also means that you will not be able to file an appeal, so it is typically not worth it to your advantage to enter a nolo contendere plea. Bond and license issues are two other major parts of the process. For misdemeanor DUI charges, bonds are typically set at $1500. A DUI is considered a felony charge if it is your fifth DUI arrest or if you have three DUI arrests in a period of 10 years. The bonds on these felony charges can go as high as $100,000. A good Tennessee DUI lawyer should be able to help you get your bond lowered or eliminated until you go to court. Also, there is a mandatory suspension of driver’s licenses that comes with each DUI charge from Tennessee. Even though there are a few exceptions to this suspension, you should assume that your license is going to be revoked until proven otherwise.
Tips for Preventing DUI and Encouraging Safe Driving
Educating the public about the dangers of driving under the influence is the key to raising awareness of the issue. The Tennessee Highway Patrol (THP) publishes on its website a number of safety campaigns it participates in to help remind drivers to stay sober and safe on the road. These include sobriety checkpoints both publicized in advance and unannounced, aggressive driving check lanes, and designated driving programs. Additionally, the THP is involved in the statewide "Booze It or Lose It" initiative, an annual campaign to share information about the dangers of drunk and impaired driving.
The Tennessee Highway Safety Office (THSO) collaborates with the Department of Safety and Homeland Security and local law enforcement to encourage safe driving behaviors and deter people from driving under the influence. They conduct a variety of public safety campaigns throughout the year designed to increase awareness of lane restrictions and possible consequences of driving while intoxicated, including loss of driving privileges, arrest and legal consequences, but also vehicular homicide and even paralysis . They also support programs that promote and incentivize sober driving with the hopes of preventing drunk and impaired driving in Tennessee.
As technology continues to improve, the availability of ridesharing apps like Uber and Lyft will work to keep drinking and driving down in Tennessee. The option to call a taxi or use one of these ridesharing services provides a safe way to get home when you have been drinking.
In addition to the rise of rideshare applications and programs, the ignition interlock program in Tennessee has also helped keep drunk driving down in our state. The rules surrounding ignition interlock systems currently require first-time DUI offenders to become an interlock participant and prove sobriety for one year in order to receive a restricted license. This program helps keep unsafe and impaired drivers off our Tennessee roads.