How Does Tennessee’s New DUI Law Affect First-Time Offenders?

Tennessee, like every US state except Utah, makes it illegal to drive with a blood alcohol concentration (BAC) level of .08 or higher. Utah’s BAC limit is just .05. The penalties, even for first-time offenders, include a prison sentence, fines, and loss of driving privileges. Due to the increase in fatal drunk driving accidents and drunk driving accidents that cause injuries, Tennessee recently enacted two DUI laws effective as of July 1, 2024.

According to Local 3 News, the laws will affect anyone convicted of Driving Under the Influence (DUI) after July 1, 2024.

What are the grounds for a DUI arrest in Tennessee?

In Tennessee, it is illegal for anyone to drive a car, truck, motorcycle, or any other vehicle on Tennessee’s public roads or highways, or “on any streets or alleys, or while on the premises of any shopping center, trailer park, or apartment house complex, or any other premises that is generally frequented by the public at large,” while:

• “Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess;”
• The driver’s BAC is .08 or higher; or
• The driver’s BAC is .04 or higher and the driver Is driving “a commercial motor vehicle” as defined by Tennessee law.

Sentencing consequences for first-time offenders with a high BAC

The new law does not change the penalty for a driver with a BAC of less than .15.  A driver who violates Tennessee’s DUI law will “be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days,” provided their BAC is below .15.

Prior to the passage of the new DUI law, a driver who violated Tennessee’s DUI law with a BAC of .20 or higher would be sentenced to a minimum of 7 days in jail. The new law lowers the BAC requirement to .15. In other words, if you are charged with driving under the influence in Tennessee after July 1, 2024, and your BAC is .15 or higher, you will have to spend a minimum of 7 days in the county jail or workhouse – instead of just two days (48 hours).

Since the .20 BAC requirement only applies to first offenses, the new law does not change the amount of jail time for anyone who is convicted of DUI and has a prior DUI on their record.

The aim of the law, according to the Local 3 News report, is to make drivers think carefully about having an extra alcoholic drink.

One district attorney stated that the increased jail sentence may result in more jury trials – which is why if you are arrested for DUI in Tennessee and it’s your first or a subsequent office, you should speak with our experienced DUI lawyer.

Changes to where those convicted with DUIs serve their sentence

The new DUI laws change where first-time offenders serve their sentences. After July 1, 2024, if the prosecutor and the judge agree, first-time offenders can serve their sentence at a location other than jail. You’ll still be confined, but you won’t be in a prison. At the alternative facility, counseling and DUI classes will be available.

HB 2429 provides that “the court, rather than the sheriff or administrative officer of a local jail, may authorize the use of alternative facilities for the incarceration of an offender convicted of a first time offense of driving under the influence.”

HB2429 also provides that

“Alternative facilities” include, but are not limited to vacant schools, or office buildings, or any other building or structure that would be suitable for housing DUI offenders for short periods of time on an as-needed basis and licensed through the department of mental health and substance abuse services for the state.

Individuals ordered to participate in these education programs as a condition of their stay will need to pay the cost of the program – unless a program is offered for free.

Alternatives to drinking and driving

Any person in Franklin County or the rest of Tennessee can avoid a drunk driving charge by not drinking and driving. Alternative solutions include:

• Selecting a designated driver. This driver must stay sober so they can safely drive you home.
• Arrange a rideshare. Uber and Lyft rides are available in most regions.
• Make plans to stay over. If you’re at an event with friends or family, or at a hotel, make plans in advance to stay the night.

The best way to avoid worrying how long you’ll be sentenced as a first-time offender is to speak with an experienced Franklin County DUI lawyer. At the Law Offices of Adrian H. Altshuler & Associates, we assert every legal and factual defense that applies to the charges, including contesting the right of the police to stop you; the validity of any field sobriety, breath, or blood tests; and any other evidence against you. Our criminal defense lawyers have helped countless people accused of drunk-driving stay out of jail by obtaining a dismissal, an acquittal, or a plea bargain.

Call us or use our online form to schedule a free consultation. We represent clients in Franklin, Columbia, and Brentwood Tennessee.