Tennessee law is strict on DUI offenses, including a first offense. DUI first (1st) offense is punishable by a minimum of 48 hours served in jail with credit for the time you served when you were arrested, and a maximum of 11 months and 29 days in jail or on probation. Additionally, a DUI conviction has other mandatory requirements such as:
License revocation or one (1) year;
Minimum $350 fine to a maximum of $1,500 fine.
Court costs
DUI School (12-hour state approved DUI education class)
Additionally, the mandatory minimum jail time may be enhanced under two specific circumstances:
BAC Above .20: Mandatory minimum jail sentence is enhanced to seven (7) days;
Child in the vehicle: Mandatory minimum jail sentence is enhanced by thirty (30) days to thirty-two (32) total days in the county jail
Other circumstances such as your criminal history may play a role in the State's offer and whether they increase the jailtime offer above the mandatory minimum. However, it is always important to remember that these are the consequences only if you are convicted of DUI.
Our goal in representing our clients is to avoid a DUI conviction including the mandatory jailtime and license revocation, if possible, through negotiations with the prosecutor to reduce your charge to an offense that does not have a mandatory minimum jail sentence and loss of license such as a reckless driving or reckless endangerment or receiving a dismissal through hearings and motion hearings. If our attorneys cannot avoid a DUI conviction due to the facts and circumstances of your case after trying endlessly, our attorneys will do everything possible to reduce your risk, including potentially reducing your mandatory jailtime below the mandatory minimum of one of the enhancement scenarios outlined above or through a reduction from a DUI 2nd, 3rd or 4th to a lower DUI with a lower mandatory jailtime.