In Tennessee, it is illegal to operate a motor vehicle when your blood
alcohol concentration (BAC) level is at .08% or above. Drivers who are
under the age of 21 are held to a standard of less than .02%. If you are
pulled over by law enforcement, and they believe you are driving with
a BAC of more than the legal limit, they may request that you do a series
of field sobriety tests. However, you are not required by law to complete
these tests, and refusing to undergo a test cannot be held against you.
It is typically in the driver’s best interest not to complete these
tests, as the results can be manipulated and used against them in court.
If, on the other hand, a police officer requests that you submit to chemical testing of your breath, blood, or urine, refusal to comply may result in an automatic one-year suspension of your license. When you obtained your driver’s license, you became obligated to submit to this type of chemical testing upon request based on Tennessee’s Implied Consent Law. If the chemical test shows that your BAC is .08% or more, this is enough to prove you are legally intoxicated, and the officer may arrest you for DUI. However, these tests are not always accurate, and failing such a test does not mean you will necessarily be convicted.
The punishment for DUI in Tennessee is dependent on the number of previous convictions you have for driving under the influence. Potential penalties include fines, jail time, driver’s license suspension, mandatory attendance of a drug and alcohol treatment program, vehicle seizure, and installation of an ignition interlock device.
First-time DUI offenders can face a range of penalties, including:
Second-time DUI offenders will face higher penalties, including:
A third DUI offense carries even harsher punishments, including:
Fourth and subsequent DUI offenses are felonies and can be punished as follows:
A conviction for driving under the influence in Tennessee comes with severe and long-lasting consequences. Our Memphis DUI attorney, Tim Francavilla, at Francavilla Law Firm can help you understand your rights and lead the way in fighting against your charges. For 25 years, we have successfully defended clients who have been arrested for first-time and repeat DUI offenses, obtaining numerous case dismissals and charge reductions.
If you want to stay out of jail and on the road, call (901) 979-9992 now to begin formulating a powerful defense.
With so much on the line, make sure you have a skilled criminal defense attorney by your side. Contact Francavilla Law Firm to discuss your rights and options with our experienced DUI lawyer in Memphis.
Call (901) 979-9992 or contact us online to schedule a free consultation.
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