Recent TN Law Changes BAC Threshold and Increases Jail Time

 Posted on October 07,2024 in DUI/DWI/BUI

The state of Tennessee recently made some changes to DUI rules that could affect those charged with the offense. Under SB 1055 and HB 0587, there are two primary changes. To qualify for an enhanced DUI sentence, the previous blood alcohol concentration (BAC) was 0.20 percent or more. That has been lowered to 0.15 percent or more. The new laws also increase the jail time requirement for those arrested for DUI from two days to seven days if the person’s BAC is at or higher than 0.15 percent.

DUI penalties can be harsh, bringing legal penalties as well as additional long-term consequences that can follow a person convicted of DUI for a very long time. Even if this is your first DUI, you can face significant penalties if convicted. Speaking to an experienced Union County DUI lawyer can be one of the most beneficial steps following DUI charges.

What Are the Typical Penalties for a First-Time DUI in Tennessee?

With some of the strictest DUI laws in the nation, penalties for a first-time DUI in Tennessee can be harsh. You can expect to spend at least 48 hours in jail. If your BAC is 0.15 percent or higher, you will spend seven days in jail. If found guilty, you will likely be ordered to participate in an alcohol and drug education/rehab program and will pay fines from $350 to $1,500.

If your drunk driving caused harm to anyone else, you will be required to pay restitution to that person or persons. You will be required to install an ignition interlock device on your vehicle at your own expense and will face a license revocation of up to one year. You could face additional jail time of up to 11 months and 29 days.

While you may be able to obtain a restricted driver’s license, you will still have to have an ignition interlock device. If you refused a breathalyzer or blood draw after being stopped, you could be charged with a violation of the implied consent law, which is a separate charge from your DUI.

Collateral consequences for a DUI conviction include the necessity of carrying high-risk car insurance for five years at greatly increased costs. An experienced attorney may be able to reduce your charges to a less serious offense like reckless driving. This could help you avoid jail time and the loss of your driving privileges.

Are There Defenses to DUI Charges?

Your specific defense will depend on the circumstances surrounding your DUI charges. Your attorney will build a defense on your behalf that takes the facts of your case into account. Some of the more common DUI defenses include:

• The police violated your constitutional rights by continuing to question you after you asked for an attorney and/or refusing to allow you to call an attorney.
• Your breath alcohol test is inaccurate. There are notorious flaws in breathalyzer tests. The machines must be consistently calibrated and maintained, and the police must be trained and certified. Certain illnesses and medications, variations in body temperature, your diet, and even the industry you work in can all cause a falsely high BAC.
• There was no reasonable cause to pull you over. All evidence must be obtained lawfully, and officers must demonstrate an objective reason for stopping you.  
• The field sobriety tests were inaccurate or invalid. To have any level of accuracy, these tests must be instructed, given, and performed the same way every time to be considered accurate. Even when all those things are in place, these tests are notoriously inaccurate, especially for those who are overweight, elderly, or those with a disability. 
• You were not in actual physical control of the vehicle.

Contact an Anderson County, TN DUI Attorney

When you choose a Blount County, TN DUI lawyer, you have taken an important first step in ensuring your rights and future are properly protected. Attorney Jeffrey Coller is committed to protecting the rights of those accused of crimes and is a fierce advocate for those who need it most. Contact Jeffrey Coller, Knoxville Criminal Defense Attorney at 865-281-1000 today to schedule your free consultation.