Driving Under the Influence
Generally, in Tennessee, it is illegal for a person to drive or be in control of an automobile or any motor-driven vehicle (which includes golf carts, tractors and motorized scooters) on any public road, highway, street, alley, parking lot, or any other premises frequented by the public while under the influence of any intoxicant (including both illegal drugs and some prescription drugs) or while the person’s blood or breath alcohol concentration is 0.08% or greater. If this person happens to be under the age of 21, the breath alcohol concentration is 0.02% or greater and they could be convicted of underage DWI even if his or her driving is not actually impaired. Penalties according to T.C.A. § 55-10-301 are as follows:
First Offense: Be fined not less than $350.00 nor more than $1,500.00; mandatory 48 hours of jail time and the court shall prohibit the convicted person from driving a vehicle in this state for a period of 1 year.
Second Offense: There shall be imposed a fine of not less than $600.00 nor more than $3,500.00 and the person shall be confined in the county jail or workhouse for not less than 45 days nor more than 11 months and 29 days and the court shall prohibit the convicted person from driving a vehicle in this state for a period of time of 2 years. Upon the conviction of a person on the second offense only, a judge may sentence the person to participate in a court approved alcohol or drug treatment program.
Third Offense: There shall be imposed a fine of not less than $1,100.00 nor more than $10,000.00 and the person shall be confined in the county jail or workhouse for not less than 120 days nor more than 11 months and 29 days and the court shall prohibit the convicted person from driving a vehicle in this state for a period of time of not less than 6 years nor more than 10 years.
Fourth or Subsequent Offenses D.U.I: This conviction will be a Class E felony punishable by a fine of not less than $3,000.00 nor more than $15,000.00; by confinement for not less than 150 consecutive days, to be served day for day, nor more than the maximum punishment authorized for the appropriate range of a Class E felony; and the court shall prohibit the person from driving a motor vehicle for a period of 8 years.
The fines, court costs and legal fees for driving under the influence are onerous. But what is worse is the license suspension that will play havoc on work and family scheduling.
