| DUI
Penalties |
|
STATE
OF TENNESSEE ADULT D.W.I. & D.U.I. PENALTIES
AS OF JANUARY 1, 1999
|
| |
ADULT
DWI |
1st
Offense D.U.I.
w/in 10 Years |
2nd
Offense D.U.I.
w/in 10 Years |
3rd
Offense D.U.I.
w/in 10 Years |
4th
Offense D.U.I.
w/in 10 Years |
| Offense
Class |
Class
B Misdemeanor |
Class
A Misdemeanor |
Class
A Misdemeanor |
Class
A Misdemeanor |
Class
E Felony |
| Minimum
Jail Time |
None |
48
hrs unless BAC .20% or greater, then 7 days |
45
days day-for-day at 100% |
120
days day-for-day at 100% |
150
days day-for-day at 100% |
| M
aximum Jail Time |
None |
11
months-29 days |
11
months-29 days |
11
months-29 days |
6
years |
| Fine-Min/Max |
$500 |
$350-$1,500 |
$600-$3,500 |
$1,100-$10,000 |
$3,000-$15,000 |
| License
Revocation Period |
None |
1
year |
2
years |
3-10
years |
5
years |
| Restricted
License Period |
N/A |
Yes |
No |
No |
No |
| Presumptive
Blood Alcohol Level |
0.08% |
0.10% |
0.08% |
0.08% |
0.08% |
| Probation
Period |
None |
11
months, 29 days |
11
months, 29 days |
11
months,29 days |
1
to 6 yrs |
Alcohol
School or Alcohol Assessment/
Treatment |
No |
School |
Assessment/
Treatment |
Assessment/
Treatment |
Assessment/
Treatment |
| Vehicle
Subject to Seizure upon Arrest |
No |
No |
Yes |
Yes |
Yes |
| Jail
Credit for Inpatient Treatment |
N/A |
None |
Up
to 28 days |
None |
None |
|
|
NOTES: |
| 1.) |
A second
or third adult driving while impaired charge is a
Class A misdemeanor and carries the same
punishment as a second or third D.U.I. A fourth
adult driving while impaired conviction is a Class
E felony and carries the same punishment as a
fourth offense D.U.I.
|
| 2.) |
For
enhancement purposes, the time period could be
greater than 10 yrs but in no event greater than
20 yrs. Out-of-state convictions may be used to
enhance.
|
| 3.) |
Vehicles
used in commission of a second or subsequent D.U.I.
violation are subject to seizure upon arrest, but
the triggering first offense conviction must have
occurred on or after Jan. 1, 1997, and the second
or subsequent arrest within five years of the
triggering conviction.
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| 4.) |
For the
felony provisions to apply, at least one violation
must have occurred after July 1, 1998. |
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Call
toll free: (24 hours)
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(1-615-599-6000)
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Disclaimer:
This web page is designed for general information only. The
information presented at this web site should not be construed to
be formal legal advice nor the formation of a lawyer/client
relationship. Persons accessing this site are encouraged to seek
independent counsel for advice regarding their individual legal
issues. |
*not certified as a criminal
trial specialist
by the Tennessee Commission on Continuing Education and
Specialization |
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