Driving Under the Influence laws are complicated since the facts of each case vary, but a qualified attorney can tell you how the law applies to your case and help you decide on the best course of action.
In Tennessee, DUI convictions are one of the only crimes that have mandatory jail time, even on the first offense. In Tennessee, penalties for a first-time DUI conviction will generally result in a fine, a minimum of 48 hours in jail, a year on probation, and a driver’s license suspension for one year. However, there are other factors that can affect the sentencing, and in the end, it’s up to the judge to determine the actual fine and jail time, within certain parameters.
Some of the other factors that can affect sentencing include the level of the driver’s blood alcohol content which can increase the amount of mandatory jail time. If the driver had a passenger under 18 years old in the vehicle at the time of the DUI, the minimum sentence is increased by 30 days. For a first time DUI the maximum jail sentence is 11 months and 29 days.
In Tennessee, the punishment for a DUI conviction increases for repeat offenders. If a driver is convicted of a 2nd DUI, the amount of mandatory jail time is increased to 45 days. If a driver is convicted of a 3rd DUI, the amount of mandatory jail time is increased to 120 days. If the driver is convicted of a 4th or subsequent DUI, the conviction becomes a felony and the driver could end up in prison. Repeat DUI offenders can also be eligible to serve a portion of their sentence in a residential treatment program. On a DUI 2nd, you can receive jail credit for up to 20 days spent in a residential treatment program. On a DUI 3rd, you can receive jail credit for up to 55 days spend in a residential treatment program.
There are several other ways that a DUI conviction can affect you so the best plan is to get advice from an attorney.
Jonathan C. Brown
101 Main Ave. S