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What Are the Penalties of A DUI Conviction in Tennessee? Memphis Criminal Attorney Explains

Oct. 22, 2019

Few experiences can match the stress of a DUI arrest. A conviction can come with life-changing penalties – even if it is your first offense.

Several factors will influence the charges you face and the potential penalties of a conviction. If Tennessee police catch you driving a vehicle with a blood-alcohol concentration of 0.08 percent or greater, then you will face DUI charges. However, if your impaired driving injured or killed another person, then you could face vehicular assault or vehicular homicide charges, which come with harsher penalties.

If you are facing DUI or DWI charges in Tennessee, your first call should be to a criminal attorney. There are several defenses that may apply to your case. A Memphis DUI lawyer from the Muldavin Law Firm, PLC will evaluate your charges, gather evidence, structure your defense, and aggressively represent your interests.

Sam Muldavin has been a criminal defense lawyer for more than 30 years. Call 901-864-1896 to schedule a consultation. Until then, read on to learn about the possible penalties of DUI convictions in Tennessee, according to the Department of Safety & Homeland Security:

Penalties of 1st DUI Offense in Tennessee

48 hours to 11 months and 29 days in jail

Minimum seven days in jail if your BAC was .20 or greater

One year license revocation

Alcohol and drug treatment program

Fine of $350-$1,500

Possible order to install Ignition Interlock Device, which could cost more than $1,000 for the first year

Penalties of 2nd DUI Offense in Tennessee

45 days to 11 months and 29 days in jail

Fine of $600-$3,500

Two years’ license revocation

Vehicle forfeiture/seizure

Alcohol and drug treatment program

Possible order to install Ignition Interlock Device (required for six months after reinstatement if you had two DUI convictions within five years)

Penalties of 3rd DUI Offense in Tennessee

120 days to 11 months and 29 days in jail

Fine of $1,100-$10,000

Six to 10 years’ license revocation (no option for restricted license)

Vehicle forfeiture/seizure

Alcohol and drug treatment program

Possible order to install Ignition Interlock Device (required for six months after reinstatement if you had two DUI convictions within five years)

Penalties of 4th or Subsequent DUI Offense in Tennessee (Class E Felony)

365 days in jail (minimum 150 consecutive days in jail)

Fine of $3,000-$15,000

Eight years’ license revocation (no option for restricted license)

Vehicle forfeiture/seizure

Alcohol and drug treatment program

Possible order to install Ignition Interlock Device (required for six months after reinstatement if you had two DUI convictions within five years)

What Are the Penalties of Refusing a Breathalyzer Test?

Tennessee is an implied consent state, which means that all drivers automatically consent to a chemical test. If you refuse the breathalyzer, then your driver’s license will be suspended. According to the Department of Motor Vehicles, the duration of the suspension depends on the number of times you refused a chemical test in the past, and if you caused an injury or fatal accident.

  • Penalties for a First Breathalyzer Refusal: One-year license suspension

  • Penalties for a Second Breathalyzer Refusal: Two-year license suspension

  • Penalties for a First Breathalyzer Refusal Involving Injury Accident: Two-year license suspension

  • Penalties for a First Breathalyzer Refusal Involving Fatal Accident: Five-year license suspension

If you were arrested for DUI or DWI in Tennessee, contact the Muldavin Law Firm, PLC. Sam Muldavin is a criminal attorney in Memphis who will give your case the individual attention that it deserves. Call 901-864-1896 to schedule a free initial consultation.