Overview of Tennessee DUI Laws
The statutes governing DUI (Driving Under the Influence) are found in Tennessee Code Annotated (T.C.A.) Title 55 Chapter 10 § 4. While the statutes covering DUI address driving while intoxicated by drugs or alcohol, these statutes will focus on DUI laws as they apply to alcohol. Tennessee law prohibits "driving under the influence of an intoxicant." T.C.A. § 55-10-401 § (1). "Intoxicant" is defined by statute as "any intoxicating liquor, drug or other substance, whether natural or synthetic." T.C.A. § 55-10-403 § (1). This language was modified in 2010 to remove the statutory reference to "or a vapour thereof." While vapours are no longer mentioned in the language of the statute, that does not mean that creating a vapour from a drug or substance cannot result in DUI charges. There are just two primary elements of a DUI charge: driving and intoxication. The law imposes a rebuttable presumption as to intoxication if the blood alcohol content is .08% or greater. T.C.A. § 55-10-408. Tennessee follows a zero tolerance policy for those under the age of 21 , meaning that as a minor even a slight amount of alcohol in their system may result in arrest for DUI. T.C.A § 55-10-415 § (3)(B) . This means that zero DUI, zero tolerance is no longer a fitting nickname for Tennessee. Bail for DUI charges is generally set at $350.00 for a first offense. The cost of bail increases with each subsequent offense. If convicted of DUI, this bail money will be used to pay part of the fine. A drunk driving charge can result in significant penalties. A judge may suspend all or part of a DUI sentence if deemed appropriate. This practice is at the discretion of the judge but it does happen. The maximum penalties for a first time DUI conviction are: The minimum penalties for a first time DUI conviction are: Penalties vary substantially depending on the particular facts of each case. Someone who is 21 years old and registers a blood alcohol content of .08% could be charged with an underage drinking offense, a DUI or a different crime known as a recklessness offense which carries lower penalties than DUI.
Legal Blood Alcohol Concentration (BAC) Levels
BAC measures the amount of alcohol in the bloodstream, measured in terms of grams of alcohol per deciliter of blood (g/dL). Like other states, Tennessee uses the BAC measurement to set legal limits which, when measured by a chemical test, if exceeded, result in an automatic DUI per se charge, regardless of any other evidence. The BAC limits apply only to those who are subject to alcohol testing pursuant to state law. A BAC of 0.08 g/dL will lead to a DUI charge if that test is administered to a driver over the age of 21 who is operating a motor vehicle. If a BAC of 0.08% or higher is measured, then an individual operating a commercial motor vehicle (CMV) is subject to an automatic CDL violation, regardless of whether any other evidence exists. Those under the age of 21, regardless of their driving classification/status, are prohibited from operating a motor vehicle, commercial motor vehicle, plane, truck, etc. with a BAC of 0.02% or higher, as it is zero tolerance for underage drinking.
Penalties for Exceeding Legal Alcohol Limits
Section 1: Penalties for Exceeding the Legal Alcohol Limit in Tennessee
Tennessee has some of the harshest penalties in the United States for exceeding legal alcohol limits. First time offenses involve significant fines, jail time, community service and an automatic 12-month license suspension. Aggravating factors can make a drunk driving conviction significantly worse. In Tennessee, you can be charged with a DUI offense for drinking any amount of alcohol during a period where you clearly should not be drinking. Even if you are below the legal alcohol limit of .08, if you are driving under the influence of drugs, or of alcohol and other chemicals, you can still be charged with a DUI. Factors that can increase the severity of your sentence, and that you should definitely be prepared to defend against include: The amount of alcohol in your blood, and the circumstances surrounding your altered state, will be used by your prosecutor to determine the level of severity of your charges. The more serious your charges, the more likely you are to receive a stiff penalty, including: If you have been charged with DUI in Tennessee, regardless of the circumstances, you need to consult an attorney experienced in defending against DUI and DWI charges. Even a first offense DUI charge could result in significant jail time, especially if you were operating a vehicle with children in the cab. A first-time offender who did not have a child in the car might receive an eight-day sentence in county jail, while he could have been sentenced to 48 hours. Add to that a $350-$1,500 fine, 48 hours of community service, and loss of your driver’s license for one year. Get caught more than once, and you could be sentenced to 11 months and 29 days in jail, a $5,000 fine, 200 hours of community service, random drug and alcohol testing, alcohol and drug treatment programs, and treatment in a rehabilitation center. A second offense sends the sentence into the next level. You’ll go to jail for 45 days up to 11 months and 29 days, pay a fine of $350-$3,500, serve a minimum of 100 hours of community service, get random drug test, be required to drive only in essential travel-related situations, and complete alcohol abuse education and treatment programs. Repeat offenders within a year of their first conviction will be assigned the maximum sentence of one year in jail. You’ll also lose your license completely and have to install a certified ignition interlock system on your vehicle for six months. Your third or subsequent conviction could leave you facing Class E felony charges, up to six years in prison and a $3,000 fine. You could also be sentenced to receive the maximum sentence, in addition to the fine and conviction. Homicide charges also increase the severity of the penalty. If you kill someone while driving under the influence and you are charged with vehicular homicide, you could face up to 25 years in prison and have your license revoked for life. If you are accused of killing someone by use of a motor vehicle, then you could receive an obligatory sentence of two to 25 years in prison, though you are only charged with a misdemeanor.
How Alcohol Limiting Laws Affect Road Safety
The rationale behind legal alcohol limitations is simple: by prohibiting individuals from operating a motor vehicle with a certain level of impairment, more drivers remain on the roadway without an increased risk of road accidents, injury, and death. The problem with what is seen as a logical solution, however, is that it only works if everyone obeys the law.
In Tennessee, blood tests are not required at traffic stops unless officers have reasonable suspicion that certain substance use is affecting a driver’s ability to safely operate a vehicle. Refusing to do so will usually result in an arrest; however, it can also be interpreted as an admission of guilt, as refusal can be taken as an acknowledgment of guilt. A police officer cannot require someone to take a breath test unless he or she has reason to believe alcohol is involved in a motor vehicle accident .
Most injuries and fatalities on the roadway, whether they stem from alcohol impairment or other factors such as bad weather and poor roads, happen under 10 miles per hour above the speed limit. Statistically, up to 47 percent of all fatal car accidents occur at speeds of less than 10 miles per hour over the speed limit. Assuming an individual is sober to begin with, many people have a hard time focusing at high speeds. In contrast, the risks of auto accidents, injuries, and fatalities caused by driving while drunk spike sharply between .5 and .15 alcohol blood concentration levels. Alcohol at any level impairs basic motor function, inhibiting both physical coordination and brain function.
Tennessee is not unique-the vast majority of states employ similar legal limitations on alcohol consumption, with the exception of Utah, which now has a legal limit for drivers of .05+.
Legal Arguments Against DUI Charges
The development of your defense strategy will depend on the circumstances of your case, and from what we’ve seen, there are some general patterns. First, most successful defenses hinge on two things: a variety of possibilities with your test results as well as your experience behind the wheel. In other words, it’s safe to say the more navigation skills you have, the less likely you are to be charged with a DUI.
A relatively common argument uses the differences between the breathalyzer test, which is typically the preliminary test used to show probable cause, and the blood or urine test, which is sometimes done at the police station. They can and should be very different results, since the blood test is much more accurate, but can sometimes show levels that are even higher than what you registered during the breathalyzer test. A defense strategy might then be to argue that the device calibration was wrong, that there were variations due to the accuracy of the device, that even though you were over the limit, you were not legally impaired, and the like.
Another key detail that can help your case is if the arresting officer failed to follow proper arrest procedures. These can include an arrest being made without a warrant or probable cause, insufficient field sobriety tests, and violations of the right to counsel. Any breach of your constitutional rights gives us the opportunity to challenge the prosecution’s case.
In the end, a solid case will be stronger the more experiences you’ve had driving a car correctly, even despite possibly higher levels in your system.
How to Remain Below Legal Alcohol Limits
The amount of alcohol needed for a person to be legally intoxicated is usually measured by blood alcohol content (BAC), which is the concentration of alcohol in a measured amount of blood. It is important to know that the United States’ drinking and driving laws are primarily enforced at the state level. Therefore, each state has its own laws with regard to BAC and other alcohol-related offenses. In Tennessee, the legal limit for BAC is .08 percent. Tennessee also has a "zero tolerance" law pertaining to persons under the legal drinking age, which is defined in Tenn. Code Ann. § 1-3-105 as being over the age of 21. Any person under the age of 21 with a BAC of .02 or more is subject to receive a DUI charge.
One of the most crucial components of staying out of trouble when you drink is to know how many drinks it takes for your BAC to reach .08. You should also know how your body processes alcohol. For example, know that women can process alcohol about one third more slowly than men. This is due to the fact that alcohol is water-soluble and fat-soluble; women tend to have less water content in their tissues and more fat than men, and their livers produce less of the ADH enzyme that breaks down alcohol. Thus , women metabolize alcohol more slowly.
It is generally accepted that a standard 12 ounce beer will raise your BAC approximately .03 percent, and that a 5 ounce glass of wine will raise your BAC closer to .05 percent, so a man’s BAC will rise by .08 after those two drinks in an hour, even without factoring in drinking duration and food intake. The general rule of thumb is that for every drink you take, it will take an hour for your body to process the alcohol. Again, this rule varies from person to person based on age, eating habits and sex.
The best way to stay within legal limits after consuming alcohol, especially if you plan on driving is to appoint a designated driver ahead of time. A designated driver is a person (usually sober) who is appointed by you or a group of friends to travel with you to an event, and who will drive you home if you cannot drive yourself. If you find yourself in a situation where you don’t have a designated driver, it’s not too late to utilize rideshare services like the popular services, Uber and Lyft. When you use a rideshare service, you get the benefit of having a designated driver you didn’t even appoint.