The McKellar Law Firm PLLC
865-566-0125 | 865-566-0126 (fax)
The McKellar Law Firm, PLLC
603 Main Street Suite 405
Knoxville TN 37902
Tennessee DUI law is similar to the DUI law in other states, in that driving Under the Influence is one of the few crimes for which an individual can be convicted solely on the opinion of a police officer. While most Tennessee DUI offenses are classified as misdemeanors (a fourth-offense is a Class E felony in Tennessee), the penalties for a Tennessee DUI are typically much more serious.
Tennessee DUI law requires the government to prove beyond a reasonable doubt that the person was (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any other premises generally frequented by the public while (4) under the influence of alcohol or drugs, or with a blood alcohol content of .08% or higher. Tennessee DUI law defines a person as being legally under the influence "per-se" if their blood alcohol level is .08% or higher. This is true even if there is no evidence that the person's ability to drive is actually impaired.
Tennessee DUI law is such that a person can also be convicted of DUI for operating a vehicle while under the influence of a narcotic, even if a physician prescribed it.
Upon conviction for First Offense DUI in Tennessee, a person is subject to a maximum sentence of 11 months, 29 days, with a minimum of 48 hours in jail, or a minimum of 7 days in jail if, at the time of the offense, the defendant's blood alcohol level was .20% or higher.
Tennessee DUI laws also require a minimum $350.00 fine and court cost, the loss of drivers license for a period of one year; and enrollment in a court approved DUI education course. Attendance at AA meetings may also be required. License revocation for one year is also required when a defendant is found to have refused to submit to a chemical test (blood, breath, or urine) after being lawfully requested to do so. This may apply even where the defendant is not convicted of DUI.
Penalties for a second or subsequent conviction of DUI increase dramatically. On a second or subsequent offense, the vehicle used in the offense is subject to forfeiture. A fourth or subsequent conviction of DUI is classified as a felony.
The state of Tennessee will ’look back’ on prior DUI convictions for a period of up to 10 years when determining which number offense you are being charged with. Any additional offenses within a 10 year period will result in a multiple offense.
Disclaimer: The Blood Alcohol Calculator is for information only. This conversion is not completely accurate and should not be used to determine if you are capable of driving. Your actual Blood Alcohol Level may vary, depending upon many factors, including body type, sex, health status, and many others.
Every effort is made to ensure that the results yielded by the Blood Alcohol Calculator are correct; however, do not rely upon this information to decide whether or not it is safe or lawful to drive. Because impairment may occur at any Blood Alcohol Level, we can only recommend that you not drive with any measurable amount of alcohol in your system.