Introduction to DUIs
Like every state in America, certain laws are different within Tennessee. How you handle a legal situation in New York might not be how you handle one in Florida, and because of that, being familiar with how certain laws work within a state is important. In the case of driving under the influence or DUI, every state handles it differently. Typically, the legal limit for the blood alcohol content, or BAC, is 0.08%, and police are within their rights to pull you over and test your levels without a warrant.
Tennessee has its own unique standards and laws that govern DUI regulations, from differing punishments and procedures. It is essential to never get behind the wheel if you’ve had too much to drink, or are above the legal limit, as it is not just your own life you’re risking. Still, it is important to be aware of the law, so below we will provide a breakdown of important information to know about DUI laws in Tennessee
Tennessee’s DUI Laws
According to DrivingLaws.org, in Tennessee, much like the rest of the United States, you are not allowed to operate a vehicle with a BAC of .08% or greater, and if you’re driving a commercial vehicle, your BAC can’t be above .04%. As well, you can’t operate a vehicle under the influence of any controlled substance, including marijuana. If you’ve been pulled over and tested, and your BAC is over 0.8%, it is known as a “per se DUI”, and it makes getting out of a charge more difficult.
Tennessee has what is called “implied consent” when it comes to pulling you over. What this means is that just by being on the road and driving, you’ve implied consent to the police officers, and they are within their rights to stop you and test your BAC without a warrant. However, this is only for a breath test, as they can’t test your blood without a warrant. You are not allowed to refuse a breath test, as this will result in a license suspension of one year for the first time refusing, and two years for the second time refusing.
Punishments for DUI Conviction in Tennessee
If someone is caught driving under the influence, it isn’t just looked at on its own. What is also considered is the history of the person, particularly if they have other DUIs on their record. If this is the case, the punishment will be more severe. DUIs that occurred in other states are still counted.
According to Tennessee.gov, the punishment for a first offense DUI in Tennessee is as low as 48 hours or as high as 11 months and 29 days in jail. If your BAC is over .20%, it is a 7-day minimum jail sentence. There are also fines of between $350 to $1,500, and a suspension of your
driver’s license for one year.
If it is your second time convicted of a DUI, the minimum amount of time spent in jail is 45 days, with a maximum of 11 months and 29 days. The minimum fine is raised to $600, with a maximum of $3,500. Your driver’s license is then suspended for 2 years.
For a third DUI conviction, the minimum sentence in jail is 120 days, with a maximum again of 11 months and 29 days. The minimum fine is $1,100, with a maximum of $10,000. The driver’s license is suspended for 6 years. In any case, even if it is your first offense, the judge can order the forfeiture of the vehicle. As well, these laws are only for DUI convictions and don’t cover additional charges that could stem from driving under the influence.
What to do if Pulled Over or Arrested for DUI
As mentioned before, there’s no good excuse for getting behind the wheel if you’re under the influence. The best way to avoid a DUI is by not doing it. But if you find yourself being arrested for a DUI, there are a few things you should do to protect yourself in this situation. For one, it is important to be as calm and polite to the police officers as possible. You do not want to make the situation worse for yourself.
There are some things you should refuse if the cops try and get you to do without a warrant. The cops are not allowed to administer a blood test without a warrant. They are not allowed to search your car without a warrant. Even if you have done something illegal, you still have rights in this situation. You do need to submit to a breathalyzer test if requested though, under the law.
Another right you should be aware of are your Miranda Rights, which include the right to remain silent, and the right to an attorney. Anything you say to the police can be used against you, so choose your words very carefully, and if you don’t think you’re capable of that, you are allowed to not speak if you believe you’ll incriminate yourself.
Lastly, and arguably most importantly, is getting an attorney. You are permitted a call, and that call should be to an attorney or a family or friend who can send an attorney over to you. An attorney will make sure that your rights are being observed, that due process is being followed, and that you aren’t getting yourself into additional trouble. They are there to be on your side and make sure that laws are being followed.
Conclusion
With this comprehensive guide of DUI law in Tennessee, now you know what is legal and illegal under the state’s DUI laws, what the punishments for not following these laws are, and what to do if you are pulled over or arrested for DUI. The safety of yourself and others is paramount, so avoid driving under the influence, know your rights, and follow the laws of the state of Tennessee.
Have you been charged with a DUI? Do not go through the process without an attorney. Contact me today.