The state of Tennessee has many of the same statute as all states when it comes to DUI cases. The DUI laws in Tennessee mandate that arrest is warranted when you have a blood alcohol content of 0.08 percent or higher. Officers also have the authority to make a DUI arrest whenever they have probable cause to believe a driver is under the influence of any substance that may cause intoxication, including illegal or prescription drugs. However, the state does have a few specific laws when it comes to the penalties available upon a DUI conviction.
Look Back Period
The state of Tennessee has a look back statute that allows them to look back upon a defendant’s record for a period of ten years in order to establish whether a DUI arrest is a first offense or whether the defendant has prior DUI related convictions.
DUI Per Se Law
DUI laws in Tennessee also create a DUI per se offense:
- A per se DUI charge means that the driver was tested at the scene of the arrest or upon booking after arrest, and was found to have a BAC of greater than 0.08%.
- With a BAC above this limit, there is no need for law enforcement to prove that the driver was intoxicated at the time of arrest.
- a for the defendant if the individual refuses any testing at the scene of arrest or at any point through the court proceedings.
SR-22 Insurance Statutes for DUI Cases
Tennessee requires any driver who is convicted of DUI to carry a high risk insurance policy for a term of at least 3 years after the suspension of the driver’s license has ended. This can be very costly for the driver because of the nature of the insurance policy, which is considered high-risk because of the nature of the DUI. It’s because of this fact the SR-22 insurance statute is typically considered a deterrent from committing the crime.
State Penalties
A DUI charge in Tennessee is classified as a misdemeanor in cases that don’t result in any injury, property damage, or death for another individual. This means any DUI conviction is subject to the full misdemeanor penalty of up to 1 year of jail time, a fine of up to 2,500 dollars, and suspension or even revocation of the defendant’s driver’s license. A guilty party to a DUI crime may also be required to attend DUI school or a driver’s education course. Any subsequent violation can lead to multiplied penalty levels, including a possible felony conviction for habitual offenders.
Getting Help
If you have been accused of a Tennessee DUI, then you need to contact an experienced lawyer right away. Your attorney can help you understand all of your options for defending your name or for plea bargaining down your DUI to a less serious offense.
