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What are the penalties for DUI? The penalties for DUI escalate based on the number of previous offenses.
First Offense
(A) If the person is less than twenty-one (21) years of age at the time of the offense, the court shall sentence such person to confinement in the county jail or workhouse for not less than forty-eight (48) hours nor more than eleven (11) months and twenty-nine (29) days and, as a condition of probation, to remove litter during daylight hours from state route highways or state-aid highways as provided in subdivisions (s)(2)-(9) for a period of twenty-four (24) hours. Such period of litter removal shall be served in three (3) shifts of eight (8) consecutive hours each; and
(B) If the person is twenty-one (21) years of age or more at the time of the offense, the court shall sentence the person to confinement in the county jail or workhouse for not less than twenty-four (24) hours nor more than eleven (11) months and twenty-nine (29) days and, as a condition of probation, to remove litter during daylight hours from state route highways or state-aid highways as provided in subdivisions (s)(2)-(9) of this subsection for a period of twenty-four (24) hours. Such period of litter removal shall be served in three (3) shifts of eight (8) consecutive hours each.
Any person violating the provisions of § 55-10-401 shall, upon conviction thereof, for the first offense, be fined not less than three hundred fifty dollars ($350) nor more than one thousand five hundred dollars ($1,500); the court shall prohibit such convicted person from driving a vehicle in the state of Tennessee for a period of time of one (1) year; and such person shall be further punished as provided in subsection (s). In addition to the other penalties set out for a first offense violation, if at the time of such offense the alcohol concentration in such person's blood or breath is twenty hundredths of one percent (.20%) or more, the minimum period of confinement for such person shall be seven (7) consecutive calendar days rather than forty-eight (48) hours.
Second Offense
For conviction on the second offense, there shall be imposed a fine of not less than six hundred dollars ($600) nor more than three thousand five hundred dollars ($3,500), and the person or persons shall be confined in the county jail or workhouse for not less than forty-five (45) days nor more than eleven (11) months and twenty-nine (29) days, and the court shall prohibit such convicted person or persons from driving a vehicle in the state of Tennessee for a period of time of two (2) years. Upon the conviction of a person on the second offense only, a judge may sentence such person to participate in a court approved alcohol or drug treatment program.
Third Offense
For the third conviction, there shall be imposed a fine of not less than one thousand one hundred dollars ($1,100) nor more than ten thousand dollars ($10,000), and the person or persons shall be confined in the county jail or workhouse for not less than one hundred twenty (120) days nor more than eleven (11) months and twenty-nine (29) days, and the court shall prohibit such convicted person or persons from driving a vehicle in the state of Tennessee for a period of time of not less than three (3) years nor more than ten (10) years.
Fourth and Subsequent Offenses
Notwithstanding any other provision of law to the contrary, the fourth or subsequent conviction shall be a Class E felony punishable by a fine of not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000); by confinement for not less than one hundred fifty (150) consecutive days, to be served day for day, nor more than the maximum punishment authorized for the appropriate range of a Class E felony; and the court shall prohibit the person from driving a motor vehicle for a period of five (5) years. For the provisions of the preceding sentence to apply, at least one (1) of the violations of § 55-10-401 must occur on or after July 1, 1998. After service of at least the minimum sentence day for day, the judge has the discretion to require an individual convicted of a violation of the provisions of §§ 55-10-401--55-10-404 to remove litter from the state highway system, public playgrounds, public parks or other appropriate locations for any prescribed period or to work in a recycling center or other appropriate location for any prescribed period of time in lieu of or in addition to any of the penalties otherwise provided in this section; provided, that any person sentenced to remove litter from the state highway system, public playgrounds, public parks or other appropriate locations or to work in a recycling center shall be allowed to do so at a time other than such person's regular hours of employment.
**Each offender ordered to remove litter pursuant to this subsection (s) shall be required to wear a blaze orange or other distinctively colored vest with the words "I AM A DRUNK DRIVER" stenciled or otherwise written on the back of such vest in letters no less than four inches (4") in height.
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313 South Ramsey Street Manchester, Tennessee 37355
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Phone: (931) 723-7885 Fax: (931) 723-6772
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