Driving Under the Influence in Tennessee
The State of Tennessee takes a strict stance towards driving under the influence, or DUI, offenders. According to the DUI Arrest Help website, this crime involves driving on the road with a blood alcohol level at or beyond .08. In the state of Tennessee, if your blood alcohol is at or above that level, you violate that jurisdiction's "per se" law, which means that you are unconditionally intoxicated. Also, the courts use a lookback time of 10 years in calculating the number of offenses you've had (see Reference 2).
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Implied Consent
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In Tennessee, as in any other state, implied consent means that, by virtue of your decision to drive, you automatically consent to a police officer to pull you over if he suspects you of driving under the influence and to administer a breath test to you immediately. According to Tennessee DUI Statute 55-10-406, the State can revoke your license for one year after a first offense. On a second offense, the revocation period doubles (see Reference 1).
First-Time DUI Offense
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If a Tennessee court convicts you of driving under the influence, you are guilty of a misdemeanor for the first offense. A judge may sentence you to between 48 hours and 11 months and 29 days in jail. If your blood alcohol level is .20 or higher, he must incarcerate you for at least one week. The state will revoke your license for a year. You must attend DUI school and pay for the classes. You are also financially responsible for restitution if damages to property occurred, and you must also pay a fine ranging from $350 to $1,500. The court may also order you into drug and alcohol abuse treatment (see Reference 1).
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Second Offense
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A second offense is also a misdemeanor, requiring between 45 days and 11 months to 29 days in jail. The fine increases to between $600 and $3,500. A Tennessee court must now revoke your license for up to two years. Your vehicle becomes subject to forfeiture or seizure, and upon restoration of your license, the court may require you to install an interlock device at your own expense. Furthermore, if this is your second conviction in five years, the judge must rule that you place it on your vehicle for six months after the court reinstates your license (see Reference 1).
Third Offense
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In Tennessee, a third offense remains a misdemeanor. You may spend 120 days to 11 months and 29 days in jail. You will have to pay $1,100 to $10,000 in fines. A judge will revoke your license for three to 10 years. You do not have the chance of applying for a restricted license in this time frame (see Reference 2).
Subsequent Offenses
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Tennessee law considers DUI offenses equal to or in excess of four a felony. Sentencing guidelines call for a year in prison, with a minimum credit of at least 150 consecutive days served. Fines increase to between $3,000 and $15,000. A five-year license revocation is mandatory (see Reference 1).
Child Endangerment
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Child endangerment is the charge if a child under 13 suffers a serious injury as a result of your DUI. This felony can send you to jail for two to four years. If the child dies, a three to six year jail sentence results. The State of Tennessee revokes your driver's license (see Reference 1).
Vehicular Homicide
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According to Tennessee.gov, if your DUI results in a death, you are guilty of a felony which will cause you to lose your license for three to 10 years, without the possibility of a restricted license. All the prosecution would have to prove to obtain a conviction would be that the fatality was a direct result of you driving with an alcohol content of .08 or greater, or that you were under the influence of marijuana, cocaine, heroin or any medication, including an over-the-counter medication, that impaired your ability to make sound decisions while driving (see Reference 3).
Vehicular Assault Types
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A simple vehicular assault occurs if you drive under the influence, causing an accident that involves injury to another person. This felony will incarcerate you for one to five years, according to your prior convictions. The court will revoke your license for two to 12 years.
Tennessee law considers such an assault aggravated if you've had two or more prior DUIs, a previous vehicular assault or any combination thereof. Also, you are subject to conviction for an aggravated charge if your blood alcohol content is .20 or greater (see Reference 1).
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References
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