Details Regarding Tennessee DUI Law
Driving under the influence in the state of Tennessee is liable to cost you dearly. Apart from the risk to your life as well as that of the innocent bystander, it will also make you subject to several harsh punitive measures and put you through considerable expense as well. Statistics reveal that around 32% of all traffic accidents in Tennessee are alcohol related and could have been prevented easily. A detailed account of the Tennessee DUI Law along with the various penalties can be found in the department of safety’s brochure ‘The cost of driving and drinking’. The document can be downloaded in entirety from http://tennessee.gov/safety/forms/drunkdrivebroc.pdf and printed for easy reference.
The online resource of the Tennessee public department of safety also provides important information about the Tennessee DUI Laws and its repercussions. The details can be viewed from http://www.tennessee.gov/safety/duioutline.htm#implied. The State Highway Patrol can also be mailed at PO BOX 945, Nashville, TN 37202 for additional information. Queries pertaining to the reinstatement of the suspended licenses as a result of DUI charges can be obtained by calling up the toll free line 1-866-903-7357.
BAC Levels
Driving with a blood alcohol concentration level exceeding 0.08% is considered to be an offense in the State of Tennessee. The concentration levels are further lowered for drivers entrusted with the responsibility of driving commercial vehicles and every such driver found to exceed 0.04% of BAC is liable to be booked under the Tennessee DUI Law.
Under age drivers below the age of 21 are also liable to face severe action from the law enforcement authorities if found to be driving with an enhanced blood alcohol concentration level of 0.02%. Driving under the influence is not confined to the consumption of alcohol alone, presence of drugs like marijuana, amphetamines as well as various inhalants are also considered while framing DUI charges in the state of Tennessee.
Implied Consent Laws
The residents of Tennessee have the legal right of refusing to be tested for the increased levels of alcohol or drugs in their body. But the implied consent laws of the state consider such an act to be detrimental to the legal process and can penalize the individuals who refuse to provide samples of blood, breath or urine required to measure the concentration of alcohol levels in the body.
The suspension of the driver’s license is the immediate outcome with the period of suspension varying appreciably according to the number of instances of refusals as well as the exact nature of the offense.
Ignition Interlock Device
The judge normally orders the installation of an ignition interlock device in the vehicle after an individual is found to be guilty of violating the DUI laws of Tennessee. This is done in accordance with the state statute of Tennessee Code Annotated (TCA) 55-10-412. The Department of safety for the state of Tennessee undertakes the installation of the device. The total expenditure for the installation as well as the rent and maintenance of the ignition interlock device is required to be borne by the convicted DUI violator himself/herself. The device serves a specific purpose and inhibits a person found to be impaired due to enhanced concentration of alcohol levels from driving.
Penalties for DUI Offenses
The normal incarceration period for a first time DUI offender ranges from 48 years to a day short of a year. A person with a 0.20% of BAC levels, convicted of a DUI offense for the first time may have to spend 7 days consecutively in jail. A fine amount of $350-$1000 is imposed on the offender. The DUI offender is also expected to participate in a state certified alcohol and drug treatment classes or enroll in a DUI school. Revoking of the license takes place with immediate effect and may be with held for up to a year.
The penalty measures for a second time offender is more or less the same with the period of time spent in incarceration going up to 45 days to a year. The fine amount increases to a $600-$3500 as well with the license being revoked for a total period of 2 years.
The third offense of a similar kind entails a similar treatment as well with the fine amount increasing to a maximum of $10,000. The minimum incarceration period is enhanced to 120 days too while the license is revoked for 3-10 years with no option of a restricted license being made available.
A fourth instance of a DUI offense constitutes a Class E felony with all the penalty measures being increased greatly. The offender is required to serve 150 days in jail consecutively and the actual jail sentence is increased to a year instead of 11 months and 29 days as in the 1st, 2nd and 3rd offenses of DUI. The fine amount ($3000-$15,000) is considerably higher as well and the license is revoked for a full five years with the vehicle being liable to confiscation by the state department.
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