Driving under the influence (DUI) in Tennessee may result in serious consequences including but not limited to significant fines, restitution, DUI classes, court costs, and incarceration. The conviction may also result in loss of driving privileges, suspension of a drivers license, increased auto insurance premiums, and collateral adverse employment actions such as termination of employment.
There are a number of factors to determine the disposition of a DUI charge but the prevailing factor is the blood alcohol content (BAC). If you register a blood alcohol of .08, there is a minimum jail time of 48 hours. If the blood alcohol content (BAC) is .20 or higher, the minimum jail time is seven days and maximum 14 days. If there was a minor in the vehicle at the time of the stop, there is an additional minimum 30 days added to the sentence and disposition. The person is “under the influence” of not just alcohol but any intoxicant, marijuana, controlled substance, controlled substance analog, drug, substance affecting the central nervous system, or combination thereof. Tennessee law defines “under the influence” as being impaired to an extent that the driver’s ability to safely operate a motor vehicle is affected. Driving under the influence is a misdemeanor offense for the first offense through third offense. A fourth or subsequent offense is a felony.
In addition to incarceration, a judge will suspend the drivers license for one year. A restricted drivers license can be applied for to solely drive to school, work, and treatment purposes. A judge may also require that an ignition interlock device be installed on the vehicle during the one year license suspension. This device allows the driver to blow into a mouthpiece and upon no detection of alcohol, the ignition of the vehicle can proceed.
There are several major field sobriety tests that are administered during a stop to evaluate the appearance and demeanor of someone possibly under the influence. You are not required to perform these tests. However failing to do so will likely result in an arrest. When performing these tests, its important that you ask to perform on flat and steady ground without loose gravel. Also demand that the camera in the police car be clearly placed upon you and that there is sufficient lighting. It is common for officers to neglect this important task. This video data may be compelling evidence if there is disagreement in court as to how you performed the tests. The subtleties in your balance, speech, and ability to follow directions can be the determining factors of whether you were intoxicated.
These include:
Horizontal Gaze Nystagmus Test
This test involves the officer asking you to observe the motion of his finger or a pen with your eyes from right to left a number of times without your head moving. If you fail in properly moving your eyes with the object or twitch, this may be a sign of intoxication. It is important that the officer be properly trained and certified to perform the test so as to properly testify as an expert. This is often one means to have the court not accept such evidence at trial.
Walk and Turn Test
The officer instructs you to walk forward nine steps with the each step having the heel of your foot meet the toe of your other foot. You will turn around and perform the same steps. The officer is evaluating steadiness, balance, and ability to follow his instructions.
One Legged Stand
The officer will ask you to stand on foot foot and raise the other foot six inches and count from 1 to 30 without losing your balance. If you lift your arms, miscount, or put your foot down then its a sign of intoxication.
Finger to Nose Test
The officer will ask you stretch one or both arms out and ask you to touch the tip of your nose with your index finger. Obviously, the test is evaluating whether you miss the point of your nose being a sign of intoxication.
Backward Count Test
As it is called, the officer may ask you to count backwards.
Are you required to to perform a blood alcohol test?
No. You are not required to perform the test. Upon probable cause of being intoxicated while driving a vehicle, you will be arrested. Failing to perform the blood alcohol test (BAC) under the implied consent law will result in a suspension of our drivers license regardless of whether you are intoxicated in fact. The officer may seek a search warrant to perform a blood test. There are three tests that may be performed which include blood, breath, or a urine test. The officer must tell you that refusal to perform this test may result in suspension of your license.
Number of prior offenses determines ultimately your the penalties imposed:
- 1st Offense – Up to 11 months 29 days in jail, $350-$1000 in fines, DUI School and/or Victim Impact Panel, and possible Ignition Interlock Device (IID). Mandatory 7 days in jail if BAC is over .20%. 1-year license revocation.
- 2nd Offense – Mandatory 45 days in jail with up to 11 months 29 days possible, $600-$3,500 in fines, and mandatory IID. 2 years license revocation.
- 3rd Offense – Mandatory 120 days in jail with up to 11 months 29 days possible, $1,100-$10,000 in fines, and mandatory IID. 6 years license revocation.
- 4th or 5th Offense – Class E Felony, mandatory 150 days in jail with 1 to 6 years possible, $3,000-$15,000 in fines, mandatory IID, and classified as a felony. 8 years license revocation.
- 6th Offense – Class C Felony, mandatory 150 days in jail with 3 to 15 years possible, $3,000-$15,000 in fines, mandatory IID, and classified as a felony. 8 years license revocation.
Blood Alcohol Limits:
If the driver is under 21, the BAC limit is .02 or over
If the driver is over 21, the BAC limit is .08 or over
If the driver holds a CDL, the BAC limit is .04 or over
DUI by consent:
In Tennessee, a passenger or owner of a vehicle may be arrested for “DUI” by consent” if that person allows an intoxicated driver to drive that vehicle and is found guilty in court. The same penalties for DUI may apply to the passenger or owner of the vehicle. It is possible that the owner of the vehicle may be arrested even if not in the vehicle. There is obvious civil liability to the owner, passenger, and/or driver.
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