Best Drunk Driving Lawyers in Tennessee

About Drunk Driving Law in Tennessee, United States

Drunk driving, commonly known as driving under the influence (DUI), is a serious criminal offense in Tennessee. State law strictly prohibits motorists from operating a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. This threshold is even lower for commercial drivers (0.04 percent) and individuals under the age of 21 (0.02 percent). Law enforcement officers regularly patrol Tennessee roadways to enforce these laws, and penalties for violating them can be severe. Drunk driving cases often involve legal complexities related to arrest procedures, testing, and court appearances.

Why You May Need a Lawyer

If you are arrested for or charged with drunk driving in Tennessee, you may be facing significant consequences such as jail time, heavy fines, driver’s license suspension or revocation, vehicle impoundment, and a permanent criminal record. An experienced DUI attorney can help in numerous scenarios, including:

• Challenging the legality of a traffic stop or arrest
• Questioning the accuracy or administration of breathalyzer or field sobriety tests
• Negotiating plea deals with prosecutors
• Representing you in court and administrative DMV hearings
• Addressing repeat offenses or aggravating circumstances (such as accidents or injuries involved)

Having skilled legal representation can make a significant difference in the outcome of your case, potentially reducing or eliminating penalties, or even leading to a case dismissal based on improper procedure or insufficient evidence.

Local Laws Overview

Tennessee has strict DUI laws with harsh penalties meant to deter impaired driving. Key aspects include:

• Per Se BAC Limit: It is illegal to drive with a BAC of 0.08 percent or above. Lower limits apply to commercial drivers and drivers under 21.
• Implied Consent Law: By driving in Tennessee, you have given implied consent to take a breath, blood, or urine test if lawfully requested by law enforcement. Refusing a test can lead to license suspension, even if you are not convicted of DUI.
• Penalties for First Offense: Includes mandatory jail time of at least 48 hours (seven days if BAC is 0.20 percent or higher), fines ranging from $350 to $1,500, and license revocation for one year.
• Enhanced Penalties: Repeat offenses, high BAC levels, or causing injury or death result in significantly harsher penalties including felonies, longer jail terms, higher fines, and longer license revocation periods.
• Ignition Interlock Device: Convicted individuals may be required to install and maintain an ignition interlock device at their own expense.
• Administrative License Revocation: Separate from criminal proceedings, refusing a chemical test or failing one can trigger an automatic administrative suspension of your driving privileges.

Frequently Asked Questions

What is the legal BAC limit for drivers in Tennessee?

For most drivers 21 and older, the legal limit is 0.08 percent BAC. For commercial drivers, it is 0.04 percent, and for drivers under 21, it is 0.02 percent.

What are the penalties for a first-time DUI in Tennessee?

A first offense typically includes a minimum of 48 hours in jail, fines of $350 to $1,500, one-year license revocation, possible participation in a treatment program, and possible installation of an ignition interlock device.

Can I refuse a breathalyzer test in Tennessee?

You can refuse, but Tennessee’s implied consent law means your driver's license will be automatically suspended for up to one year for a first refusal, regardless of whether you are later convicted of DUI.

Will I lose my license after a DUI arrest?

Most likely yes, either as part of an administrative action (for failing or refusing a chemical test) or as part of a criminal sentence if convicted.

Is it possible to get a restricted or hardship license after a DUI?

In many cases, you can apply for a restricted license that allows you to drive to work, school, or court-ordered programs, but you may need to install an ignition interlock device.

What happens if I am a repeat offender?

Penalties increase substantially with each prior conviction and can include longer jail terms, higher fines, longer license revocations, and felony charges for multiple convictions.

Is a DUI a felony or misdemeanor in Tennessee?

Most first and second DUIs are misdemeanors, but third and subsequent offenses or DUIs involving injury or death can be classified as felonies.

What should I do immediately after a DUI arrest?

Remain calm, exercise your right to remain silent, do not admit guilt, and ask to speak with an attorney as soon as possible.

How can a lawyer help me fight DUI charges?

An attorney can analyze the facts of your arrest, challenge evidence, negotiate for lesser penalties, and represent you in court and at DMV hearings.

Will a DUI conviction appear on my criminal record?

Yes, a DUI conviction is a permanent criminal offense in Tennessee and will appear on your record, affecting insurance, employment, and other areas of your life.

Additional Resources

Several resources and organizations provide valuable information and assistance regarding drunk driving in Tennessee:

• Tennessee Department of Safety and Homeland Security - Offers guidance on DUI laws and license reinstatement.
• Tennessee Bureau of Investigation - Provides public crime data and law enforcement contacts.
• Tennessee Highway Patrol - Offers safety education and enforcement resources.
• Local Legal Aid Societies - May offer low-cost or free legal consultations for those who qualify.
• Alcoholics Anonymous Tennessee - Provides support groups and resources for those battling alcohol addiction.

Next Steps

If you or someone you know is facing drunk driving charges in Tennessee, your first step should be to seek legal advice from a qualified attorney experienced in DUI defense. Act quickly, as both criminal and administrative processes may have strict deadlines for responding or appearing. Gather all related documents, such as your arrest report and court summons, and prepare a detailed account of the incident for your lawyer. Attending all scheduled court and DMV dates is essential. Remember, the decisions you make in the early stages of your case can have a significant impact on the outcome. Consulting a lawyer will help you understand your rights, possible defenses, and the best path forward.