| It's true. Just the opinion of a police officer is all it takes | | | | 355, giving law enforcement officials probable cause to |
| to arrest you for DUI in Tennessee. Specifically, the | | | | perform a chemical test to determine a driver's blood |
| DUI law requires that the government must prove | | | | alcohol content (BAC) if the driver was involved in an |
| beyond a reasonable doubt that a person was (1) | | | | accident that resulted in death or injury. The law allows |
| operating or in physical control of (2) a motor vehicle | | | | for the performance of the test even if the driver |
| on (3) any public road, highway, alley, parking lot, or any | | | | refuses. Additionally, Bill 355 allows those results to be |
| premises generally frequented by the public while (4) | | | | entered as evidence by either the driver or by the |
| under the influence of alcohol or drugs, or with a blood | | | | State in any court or administrative hearing relating to |
| alcohol content (BAC) of.08 or higher. You can also be | | | | that accident or offense. |
| convicted of Tennessee DUID, driving while under the | | | | A first, second, and third DUI in Tennessee are |
| influence of drugs, if you operate a vehicle under the | | | | misdemeanors. When is a DUI a felony in Tennessee? |
| influence of even a physician-prescribed narcotic. | | | | A fourth DUI offense becomes a Class E felony. |
| Conversely, it is Tennessee's "per se" law that defines | | | | However, any DUI offense with aggravated |
| a person as under the influence with a BAC of.08 or | | | | circumstances, such as a DUI accident, can also be |
| higher, even with no evidence that the person's driving | | | | considered felonies. |
| ability was impaired. Tennessee's DUI law states that a | | | | Even your first Tennessee DUI brings many DUI |
| person who has a BAC of.08 is not competent to | | | | penalties. You will be sentenced to a minimum of 48 |
| have clear judgment, or has the ability to safely control | | | | hours and up to 11 months and 29 days in jail. If your |
| a vehicle. | | | | BAC was.20 or greater, the minimum jail time is seven |
| Tennessee is an implied consent state, meaning that | | | | consecutive days. Your license will be revoked for one |
| you gave your consent to a request for chemical | | | | year. You must participate in a DUI school. You'll be |
| testing when you applied for a Tennessee driver's | | | | required to pay restitution to anyone who suffered |
| license. If you refuse such a request, your first refusal | | | | physical injury or personal loss. You will pay a fine of |
| revokes your driver's license for one year, and a | | | | at least $350 and up to $1,500. You may be ordered |
| second refusal revokes your license for two years. | | | | to install and ignition interlock device (IID) on your |
| However, if you have a DUI accident that results in | | | | vehicle. Finally, the judge may require you to attend |
| any bodily injury, any chemical test refusal will revoke | | | | drug and alcohol treatment. Since Tennessee |
| your license for two years; if the accident results in | | | | estimates that the total cost of your first DUI offense |
| death, any refusal revokes your license for five years. | | | | could add up to $4,900, it's probably wise to seek the |
| In 2009, the State of Tennessee passed House Bill | | | | counsel of drunk driving lawyers. |