DWI/DUI

DWI/DUI

DUI & DWI DEFENSE ATTORNEYS IN CHATTANOOGA

More than 1.5 million Americans face DWI/DUI charges each year. Most are law-abiding citizens who had a few drinks and are stopped for minor traffic violations. They are often confused by the arrest process and fear they will lose their driver’s license and go to jail.

Whether it is DUI/DWI charges for drivers on our roads or selling alcohol to minors, alcohol finds itself at the center of many criminal cases in Chattanooga and around the state.

The serious consequences of a conviction for such crimes mean that you should never consider a guilty plea without first speaking with a competent criminal defense lawyer. With the right legal assistance, you may be able to contest the charge in court, reduce it, or have it dismissed.

The experienced DUI/DWI defense attorneys at Houston & Alexander will work to ensure that a single mistake on the roads or other alcohol-related crime does not impact your future.
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TABLE OF CONTENTS

What Is The Tennessee BAC limits?

The blood alcohol concentration (BAC) limits are similar in Tennessee to most other states.

If a driver is stopped and found to have a BAC of .08, there is a presumption that he or she is drunk. This is known as a per se BAC.

An extremely high BAC reading of .20 or above (i.e., 2.5 times the legal limit) will attract more severe or “enhanced” DUI penalties applied by the Tennessee courts.

Drivers Under 21 In Tennessee

There is a zero-tolerance policy in Tennessee for any driver under the age of 21 (the legal drinking age).

A person under 21 with a BAC reading of .02 can be charged with DWI (driving while intoxicated) regardless of how they were driving.

What Are The DUI/DWI Penalties In Chattanooga?

Tennessee’s DUI laws are harsh. If you are convicted of DUI, don’t expect to walk out of the courtroom.

What Are The Penalties For DUI Repeat Offenders In Tennessee?

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Put your case in our experienced hands. Get started now.

First-time DUI Offenders

There is a mandatory jail sentence of 48 hours even for first-time DUI offenders. That is if your BAC was .02 or under. If it was over .02, the mandatory minimum is seven days in jail up to a maximum of 11 months and 29 days.


Additional first-time penalties are:

 

  • A fine of $350-$1,500,
  • Your driver’s license will be revoked for one year
  • You will need to attend an alcohol and drug treatment program

 

Second-time DUI Offenders

For second-time DUI offenders, the penalties are even more severe:

 

  • A minimum of 45 days in jail (up to a maximum of 11 months and 29 days)
  • A mandatory fine of $600-$3,500
  • License revoked for two years
  • Restricted license for work, school, court-ordered alcohol programs or interlock device monitoring after license reinstated
  • Possible vehicle confiscation

 

Third-time DUI Offenders

For third-time DUI offenders, the penalties are:

 

  • A minimum of 120 days in jail (up to a maximum of 11 months and 29 days)
  • A mandatory fine of $1,100-$10,000
  • License revoked for 6-10 years
  • No possibility of a restricted license
  • Possible vehicle confiscation

 

Fourth-time DUI Offenders

For fourth-time and subsequent DUI offenders, the crime is a felony and penalties are:

 

  • A minimum of 365 days in jail (up to a maximum of 11 months and 29 days)
  • A mandatory fine of $3,000-$15,000
  • License revoked for 8 years
  • Many additional fees
  • Possible restitution if a person was injured or otherwise harmed as a result of your actions
  • Possible vehicle confiscation

 

The DWI penalties for youths (aged 16-20) include license revocation for one year, a $250 fine, and possible community service.


Beyond these immediate penalties, consider the following additional consequences too:

 

  • Job opportunity restrictions due to an alcohol-related driving conviction
  • Increased automobile insurance costs for at least five years
  • Disciplinary action by the school (for college students)
  • Immigration status problem for those seeking residency or citizenship

 

With such severe potential penalties, it is imperative not to simply accept the charge of DUI even if you suspect you were over the limit.



Law enforcement can and do make errors with DUI cases and rather than resigning yourself to a lifelong criminal record, it is best not to say anything until you have taken legal advice.

There Are Successful Defenses To DWI/DUI

At your initial consultation, we will review the facts of the case and discuss the costs of a defense. You can then make an informed choice regarding your case. To schedule an appointment, call 423-267-6715 or contact us online.

County Court Resources

Looking for a DUI Defense lawyer in Chattanooga, TN?

If you’ve been charged with drinking & driving or another alcohol-related crime, it is in your best interest to consult with an experienced attorney immediately.


Call (423) 267-6715 or request a free case evaluation today.

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What Are Examples Of Enhanced DUI Penalties In Tennessee?

Certain circumstances with a DUI conviction will attract enhanced penalties.


Most notably, a judge will apply such penalties if the following occurs with your DUI:

 

  • Serious injury was caused to a person other than yourself : this is a Class D felony with 2-12 years in prison, a fine up to $5,000, and a license revocation for 1-5 years.
  • A person was killed due to your actions : this is a Class B felony with 8-30 years in prison, a fine up to $25,000, and license revocation for 3-10 years (with no possibility of a restricted license)
  • A person was killed due to your actions AND you have at least two prior DUIs, vehicular assaults, or vehicular homicides or one prior DUI and a BAC of .20 : this is a Class A felony with 15-60 years in prison and a fine of up to $50,000.
  • Child in the car : even first-time offenders will face a minimum jail time of 30 days and a minimum fine of $1,000 – and it will be treated as a felony Class D if the child was injured or a felony Class B if the child was killed.

 

Ignition Interlock Device (IID)

An Ignition Interlock Device is a type of small breathalyzer fitted to the inside of the car. It locks the engine unless the driver returns a negative reading (i.e., zero alcohol) when they blow into it.

It is effective at preventing people from driving after having consumed any alcohol and is seen as a way for DUI offenders to return to the roads safely.

Judges in Tennessee can order even first-time offenders to fit an IID at their own expense. If you receive two DUI convictions within five years, the IID is mandatory for six months after your license is reinstated.

Commercial Drivers

Commercial drivers in Tennessee face even harsher restrictions than standard drivers when it comes to drink-driving.

Because they often drive oversize vehicles and any collision with another vehicle is likely to be serious, commercial drivers are held to a stricter BAC limit of .04 rather than .08.

A first DUI will result in disqualification from driving a commercial vehicle for at least one year in addition to the other penalties described above. If the load in the commercial vehicle at the time of the DUI was hazardous, the disqualification period is three years.

A subsequent DUI conviction may result in disqualification from driving a commercial vehicle for life.
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What Is Implied Consent In Tennessee?

Implied consent relates to requests for blood alcohol tests by the police. While you may refuse a breath test, you may not legally refuse a request to take a blood alcohol test when requested by a police officer in Tennessee.

Doing so can result in the immediate revocation of your driver’s license for one year (first offense), two years (second offense), or two years if the crash resulted in bodily injury even if it is your first offense (five years if a person died).

Tennessee laws have made it very difficult for anyone charged with drink driving to escape punishment without the assistance of a lawyer negotiating with the prosecution or making a convincing case to the judge.

Other Alcohol-related Crimes In Tennessee

Tennessee’s strict alcohol laws do not only affect drivers. Two other notable offenses commonly prosecuted in the state include:

1. Selling Alcohol To Minors

In Tennessee, it is a criminal offense for a licensed drinking establishment to sell alcohol to people under the age of 21. Licensees are punishable by a fine of $500 to $1,000 and 30 days to six months in prison for a first offense.

For a second offense, the fine is increased to $3,000 and offenders face a potential one to six years in prison plus the permanent loss of their liquor license.

2. Furnishing Alcohol To Minors

Furnishing alcohol to minors means supplying a person under the age of 21 with alcohol. It is punishable by up to 11 months and 29 days in prison, a fine of up to $2,500 (or both) and 100 hours of community service.

What Is The Dram Shop Law In Tennessee?

Under the so-called “dram shop law” in Tennessee, a person injured by an intoxicated individual may be able to seek damages from the vendor of the alcohol if:
  • The vendor sold alcohol to someone known to be under 21 or “visibly intoxicated,” and
  • The consumption of the alcohol was a direct cause of the injury.
For the vendor to be held liable, it must be proven beyond a reasonable doubt that the sale of the alcohol was a “proximate cause” of the injuries, which can be challenging.
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Should You Plead Guilty Or Fight The DUI Charges?

A DWI/DUI arrest can be overwhelming. Many people experience feelings of guilt and shame and fear their cases are hopeless. They often want to do whatever is necessary to put the incident behind them as quickly as possible.


Before deciding whether to plead guilty or seek a defense, however, there are things to consider. Remember a DWI/DUI conviction will remain on your criminal record FOREVER. In addition to a criminal record, the costs of a conviction may include:

 

  • Increased automobile insurance costs — at least five years in most cases
  • Job opportunity implications — many employers will not hire people with alcohol-related driving convictions
  • Restricted driving privileges or NO driving privileges
  • Harsher penalties for subsequent convictions
  • If you’re a college student, disciplinary action by the school

 

Placing a monetary value on these factors depends on each person’s particular circumstances. In each case, however, the decision to contest the charges or plead guilty should be reached only after careful analysis of the case as well as the potential consequences of a conviction. Quality, experienced legal counsel is essential when making this decision.

Protect Your Rights: Call Houston & Alexander, PLLC

A DUI conviction can leave you with a permanent criminal record that may still have repercussions for your life years into the future.


The experienced DUI/DWI defense attorneys at Houston & Alexander, PLLC can protect your rights and freedoms and defend the charge so that it has the least possible impact on your life.

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Understanding DWI/DUI Penalties In Chattanooga, Tennessee

State Of Tennessee DWI/DUI Penalties As Of July 1, 2003

First Offense DWI/DUI within 10 Years Second Offense DWI/DUI within 10 Years Third Offense DWI/DUI within 10 Years Fourth Offense DWI/DUI within 10 Years
Offense class Class A Misdemeanor Class A Misdemeanor Class A Misdemeanor Class E Felony
Minimum jail time 48 hrs unless BAC .20 percent or greater, then seven days 45 days day-for-day at 100 percent 120 days day-for-day at 100 percent 150 days day-for-day at 100 percent
Maximum jail time 11 months, 29 days 11 months-29 days 11 months-29 days Six years
Fine- Min/max $350-$1,000 $600-$3,500 $1,100-$10,000 $3,000-$15,000
License revocation period One year Two years Three to 10 years Five years
Restricted license Yes Yes * 4 No No
Presumptive blood alcohol level .08 percent .08 percent .08 percent .08 percent
Probation period 11 months, 29 days 11 months, 29 days 11 months, 29 days One to Six yrs
Alcohol school or alcohol assessment / treatment School Assessment/ Treatment Assessment/ Treatment Assessment/Treatment
Vehicle subject to seizure upon arrest No Yes * 2 Yes * 2 Yes * 2
Jail credit for inpatient treatment None Up to 28 days None None

Notes:

  1. Consequences Of Multiple DUI Convictions In TennesseeFor enhancement purposes, the time period could be greater than 10 years but in no event greater than 20 years. Out-of-state convictions may be used to enhance.
  2. Vehicles used in commission of a subsequent DWI/DUI violation are subject to seizure upon arrest, but the triggering first-offense conviction must have occurred on or after Jan.1, 1997, and the second or subsequent arrest within five years of the triggering conviction.
  3. For the felony provisions to apply, at least one violation must have occurred after July 1, 1998.
  4. A restricted license may be obtained after one year of the two-year revocation period. However, SR-22 insurance and an ignition interlock device must be obtained.

Consequences Of Multiple DUI Convictions In Tennessee

  • License suspension or revocation
  • Increased periods of time in jail
  • Larger fines and court costs
  • Points on driving record
  • Ignition interlock device installed in car
  • Years of probation
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