Tennessee DUI law requires minimum amounts of jail time to be served for all DUI convictions.  If a defendant is convicted of a DUI, the judge MUST sentence that defendant to the minimum amount of time established by Tennessee DUI law, ranging from 48 hours in jail up to 150 days in jail, depending upon the offense.  On the other hand, the judge may sentence a defendant to more than the mandatory minimum amount of time – this is more likely to occur with multiple convictions.  Please visit our website for a full list of penalties for DUI convictions.

TN DUI lawyers know that any time in jail causes a major disruption in a person’s life, which is why anyone charged with DUI in Tennessee should consult with a Tennessee DUI attorney as soon as possible.  If you have questions about your Tennessee DUI charge and associated penalties, our lawyers are available to assist you.  Sara, Steve, or Nate will be happy to speak with you at (865) 249-7200.  

If you are convicted of a Tennessee DUI offense, the conviction cannot be erased from your criminal record. Only a dismissed charge may be expunged. Any conviction in Tennessee remains on a person’s criminal record forever unless a pardon is issued by the governor after a careful review by the Board of Probation and Parole.

Accordingly, if a person pleads guilty to a DUI in Tennessee, that person will not be eligible to have the charge dismissed or expunged.  However, a person charged with a DUI may not need to plead guilty to a DUI.  This is one reason why it is important to have an experienced Tennessee DUI attorney review your case before entering into any plea agreement that results in a criminal conviction.

[Sources: Tenn. Code Ann. § 55-10-403; § 40-35-313; § 40-27-102]

• Investigation expenses (scene photos, witness interviews, etc.)
• Police communication tapes (911) and transcription
• Police videotapes and transcription
• Field sobriety test expert fees
• Chemical test (blood, breath or urine) expert fees
• Technology fees (e.g. to play the police video in court)
• Fees/court costs associated with conviction (e.g. $40.00 ignition interlock fee for all DUI convictions; $250.00 chemical test fee; $100.00 assessment etc.)
• Mandatory minimum fines ($350 for a DUI 1st Offense; $600.00 for a DUI 2nd Offense; $1,100.00 for a DUI 3rd Offense; and $3,000.00 for a DUI 4th or subsequent Offense)
• Increased insurance premiums for a minimum of 3 to 5 years
• Lost income from lost job opportunities
• Costs related to probation (litter pick-up fees; probation fees; DUI school; Ignition interlock device; SCRAM device; alcohol treatment)
• Driver’s license reinstatement fees
• Costs associated for alternative transportation if you are not permitted a restricted driver’s license

As you can see, depending upon the facts of your case and whether you are ultimately convicted of DUI, a DUI arrest can be quite costly.

Over the past several decades, the trend in our society has been toward harsher penalties and more conservative laws for driving under the influence.  A recent story in the ABA Journal highlights one reason that prosecutors are hesitant to be lenient on the punishment for DUI offenders.  DUI prosecutors often state that they cannot reduce a DUI, even if just a first offense, because the defendant may then go out and repeat the behavior of driving while impaired, endangering the lives the community.  This exact scenario, as reported by the ABA Journal, recently played out in Maryland.  However, rather than striking and injuring a citizen at large, the defendant in question struck and injured a retired Maryland County Judge and his wife.  The same Judge had previously shown leniency to the defendant, suspending his DUI sentence (meaning he did not have to serve any time in jail).

Accounts such as these provide prosecutors, state legislators and private organizations (such as MADD) with the ammunition needed to justify the “no tolerance” trend toward DUI offenders.  Unfortunately, although each Driving Under the Influence case is quite unique and bears individual scrutiny to determine whether a reduction is appropriate, many jurisdictions are pushing for convictions in all cases under the assumption that the defendant will re-offend.

This trend only highlights the importance of selecting a qualified attorney to handle your DUI case.  Never assume that you can handle the case yourself or hire the cheapest lawyer you can find because you are assured a reduced charge due to your clean record.  Do your homework and hire the very best DUI defense attorney that you can afford.  For more information on how to select a Tennessee DUI attorney, click here.  For information about a Tennessee DUI charge, you may contact Steve Oberman or Sara Compher-Rice at (865) 249-7200.