Tennessee DUI Laws and a Look Back at 2023 Changes & Statistics

Operating a vehicle while under the influence of alcohol or drugs is considered very risky and hazardous. Therefore, if a person is caught driving under the influence and receives a DUI charge, they will not only face several consequences and penalties that affect them now, but they will also be faced with consequences that could impact their future.

If you have recently been accused of driving under the influence, you should know and be aware of what this could mean for you.

First-offense DUI

If this is your first offense DUI, you will receive a misdemeanor charge and be required to pay a fine of $350 to $1,500. You will also receive a jail sentence of 48 hours to 11 months and 29 days, and your license will be suspended for one year.

Second-offense DUI

Second-time DUI offenders will receive a misdemeanor charge and a fine of $600 to $3,500. They will also be required to spend between 45 days to 11 months and 29 days in jail, and their license will be suspended for two years.

Third-offense DUI

Third-offense DUIs are very serious. If you are convicted of a third-offense DUI, you will be given a misdemeanor charge, and you will be required to pay a fine between $1,100 and $10,000. In addition, you will receive a jail sentence of between 120 days and 11 months and 29 days, and your license will be suspended for six years.

How long before a DUI is off your record in Tennessee?

In Tennessee, a DUI conviction remains on your record for life and cannot be expunged. The only way to avoid a permanent record is to have the DUI charge dismissed or reduced to a lesser offense before it becomes a conviction.

Can a DUI be reduced in Franklin, Tennessee?

Yes, you can have your DUI reduced in Franklin and other counties in Tennessee. However, to do this, you must have an experienced and skilled DUI attorney by your side, significant and convincing evidence, and a strong argument proving that you were not driving under the influence or that there is not enough evidence against you. If a complete dismissal does not seem possible, your attorney will likely develop a legal strategy to have your DUI charge reduced. This usually consists of negotiating your DUI charge to a less severe offense, such as reckless driving.

How likely is jail time for a first-offense DUI in Tennessee?

Those who are convicted of a first-offense DUI in Tennessee are very likely to spend time in jail. This is because there is a mandatory jail sentence of at least 48 hours even if this is your first time being convicted of a DUI.

Is a DUI a Felony in Tennessee?

A DUI is not considered a Felony in Tennessee. Instead, it is a Class A Misdemeanor as long as it is your first, second, or third offense. If it is your fourth or any other consecutive offense, it will be considered a Class E Felony. In addition, if anyone is killed or seriously injured due to your DUI offense, this could result in a vehicular homicide or aggravated vehicular assault charges, which are both felonies.

New DUI laws in Tennessee

There are a few new DUI laws that went into effect in 2023 and 2024 in Tennessee that you should know about. We will go over each of them below.

• Silas Gable Flatt Law: This law convicts individuals who knowingly provide a motor vehicle to another person who is under the influence of any intoxicant, which can include alcohol or drugs, or a person who has a suspended or revoked license due to similar circumstances. Those convicted will receive a Class A Misdemeanor. First-time offenders will receive a 48-hour jail sentence, and second-time offenders will receive a 72-hour jail sentence. Third-time offenders will be required to spend at least seven days in jail.
• House Bill 2386: This law allows police officers to execute search warrants to test alcohol or drug content in the blood anywhere in Tennessee. Before this law was changed, officers could only obtain warrants for the county they were issued in.
• House Bill 0587: This law lowers the blood alcohol concentration (BAC) limit of 0.2% to 0.15%. As a result, first-time offenders who are determined to have a BAC of 0.15% or higher will now be required to spend seven days in jail.
• House Bill 2429: This law provides the option of using alternative jail facilities for those convicted of a first-time DUI offense.

DUI statistics in Tennessee in 2023

According to a news report released in December, Tennessee was ranked 12^th in the United States for being the worst state for drunk driving in 2023. The findings showed that:

• Over 26 percent of traffic-related deaths in Tennessee were caused by drunk drivers who had a BAC level of 0.08% or higher.
• There were 36.11 DUI arrests for every 100,000 drivers in Tennessee.
• Around 5.53 Tennessee drunk drivers caused or were involved in fatal car accidents.

At the Law Offices of Adrian H. Altshuler & Associates, we have a proven track record for helping clients facing harsh DUI charges. Therefore, if you find yourself facing an unfair or inaccurate DUI charge, we want you to know that you have legal rights and options. Our experienced and knowledgeable attorney, Adrian H. Altshuler, can help you navigate any new laws and changes and ensure that you know and fully understand them. He can also help you determine which legal options you should pursue to obtain the best outcome possible for your case. After he has all the facts and details regarding your case, he can start collecting evidence and working on a strong and convincing defense to help you move forward with your life and protect your future. Please call our office or complete our contact form to begin discussing and learning about your legal options today. Our firm offers consultations in Franklin, Brentwood, and Columbia for your convenience.