Is a DUI a Felony in Tennessee?
Drinking and driving is a serious offense in Tennessee, and it can have severe consequences for those who are caught behind the wheel with a blood alcohol content (BAC) above the legal limit. In this article, we’ll answer the question of whether a DUI (driving under the influence) is a felony in Tennessee, and explore the consequences of being convicted of such an offense.
What is DUI in Tennessee?
Before we dive into whether DUI is a felony in Tennessee, it’s essential to understand what it means to be charged with DUI. In Tennessee, DUI refers to the offense of operating a motor vehicle while under the influence of alcohol or drugs. A person is considered to be under the influence if they have a BAC of 0.08 or higher.
Is DUI a Felony in Tennessee?
In Tennessee, DUI is typically considered a misdemeanor offense, unless it meets specific criteria that elevates it to a felony. There are several circumstances under which a DUI can be elevated to a felony, including:
- Fourth or subsequent offense: If an individual is arrested for a fourth or subsequent DUI, they can face felony charges.
- Injury or death caused: If a DUI driver causes serious bodily injury or death to another person, they can be charged with a felony.
- Aggravating circumstances: If an individual is found to be driving under the influence of a controlled substance or multiple substances, and they pose a significant threat to themselves or others, they can face felony charges.
Here is a summary of the DUI laws in Tennessee:
| Type of Offense | Maximum Sentence | Implications |
|---|---|---|
| Misdemeanor DUI | Up to 11 months, 29 days in jail and/or up to $2,500 fine | Imprisonment, fine, driver’s license revocation |
| Felony DUI (4th or subsequent offense) | 2-4 years in prison and/or up to $3,000 fine | Longer imprisonment, increased fine, driver’s license revocation |
| Felony DUI (injury or death caused) | 8-12 years in prison and/or up to $3,000 fine | Longer imprisonment, increased fine, driver’s license revocation |
Consequences of a DUI Conviction in Tennessee
Regardless of whether a DUI is charged as a misdemeanor or a felony, a conviction can have severe consequences. Some of the implications of a DUI conviction in Tennessee include:
- Jail Time: A conviction for a misdemeanor DUI can result in up to 11 months, 29 days in jail, while a felony DUI conviction can result in longer imprisonment (2-12 years).
- Fines: Fines for a misdemeanor DUI conviction can reach up to $2,500, while felony DUI fines can be as high as $3,000.
- Driver’s License Revocation: A DUI conviction will result in driver’s license revocation for a specified period, ranging from one to five years.
- Increased Insurance Rates: A DUI conviction can lead to increased insurance rates for years to come.
- Criminal Record: A DUI conviction will appear on an individual’s criminal record, potentially impacting their future employment or education prospects.
Additional Consequences for Felony DUIs
In addition to the consequences listed above, a felony DUI conviction in Tennessee can also lead to:
- Ignition Interlock Device (IID): A IID will be required on a vehicle’s ignition system, requiring the driver to provide a breath sample before starting the engine.
- Probation: A convicted individual may be placed on probation for a specified period, requiring them to follow specific guidelines and restrictions.
Conclusion
In Tennessee, DUI is typically a misdemeanor offense, unless it meets specific criteria that elevates it to a felony. Whether charged with a misdemeanor or felony DUI, the consequences of a conviction can be severe and far-reaching. If you’ve been arrested for DUI in Tennessee, it’s essential to seek legal representation from an experienced DUI attorney to understand your options and protect your rights. Remember, a DUI conviction can have long-term implications on your life, including financial, professional, and personal consequences.
