What is Driving Under the Influence?
August 26, 2023
In Tennessee, driving under the influence (DUI) is a crime in which a person drives or is in “physical control” of a vehicle on any street or road while impaired. A blood alcohol content (BAC) of 0.08% percent or more carries a presumption in Tennessee that the driver was impaired. While alcohol cases predominate, one can be convicted of a DUI if she operated a motor vehicle under the influence of an intoxicant, stimulant, controlled substance, or other substance that impacts the central nervous system to the extent that the person cannot operate the vehicle safely. The law is more stringent for commercial vehicle operators, who are driving under the influence.
A conviction for a first offense DUI carries a sentence of at least 48 hours in jail up to a sentence of up to eleven (11) months and 29 days. If a person is extremely intoxicated – with a BAC of .20% or more, then the potential sentence is more severe ---- a minimum sentence of seven days in jail. Driving with a minor in the car will increase the penalty even more.
However, if a person has had a prior DUI conviction within the previous 10 years, the penalties become progressively more severe. For a first-time DUI a minimum punishment of 48 hours in jail, but goes up to 45 consecutive days in jail for a second DUI conviction. A third conviction requires the person to serve a minimum of 120 days.
Jail time is not the only consequence or penalty for a DUI conviction. Additional penalties include fines and mandatory attendance at a substance abuse program. For a first offense, the fine ranges from between $350 to $1,500. The fines only increase with subsequent DUI convictions. The law also requires you to pay restitution to any person who may have been injured or suffered property damage as a result of your drunk driving. The judge could order you to go to a treatment program.
Perhaps most significantly for most first-time offenders, a first-time DUI offense requires a court in Tennessee to prohibit a person from driving for one year. For many people, this is an incredibly onerous consequence of a DUI conviction. A loss of driving privileges may cause some people to lose their jobs with a DUI conviction. Others face stigma and ostracizing from having their name in a public arrest database.
Because the consequences of a DUI conviction are so severe, a person facing DUI charges needs to hire a criminal defense attorney, such as Eric L. Phillips of Hagar & Phillips, who has experience with police procedure, automobile stops, and DUI testing methods. An experienced attorney may be able to question the legality of the police stop of your vehicle in the first place. He may be able to challenge the DUI tests performed by the arresting officer. The search warrant (if any) may also provide grounds for evidence suppression or even reduction or dismissal.
Suffice it to say, driving under the influence is a serious crime in Tennessee. You need an attorney to defend you and protect your rights during this difficult progress.
