admin A first DUI in Tennessee is a misdemeanor, but the penalties reach well past a fine. At Turnbow Law, we often meet first-time clients in Wilson, Sumner, and Davidson counties who expected something closer to a traffic ticket. Here are eight penalties a first-offense DUI can carry under Tennessee law, followed by five Middle Tennessee attorneys you can contact.
What penalties can a first DUI carry in Tennessee?
1. Will you have to serve jail time?
Yes, at least briefly. The Tennessee Department of Safety and Homeland Security lists a sentence of 48 hours up to 11 months and 29 days for a first DUI under Tenn. Code Ann. 55-10-401. If your blood alcohol concentration (BAC) was 0.20 or higher, the minimum rises to seven consecutive days. The rest is often suspended and served on probation.
2. How much are the fines and costs?
The fine itself runs $350 to $1,500. That’s only part of it. The Department of Safety estimates that towing, bail, attorney fees, high-risk insurance, court costs, school, and reinstatement fees can push the average cost of a first offense to about $4,900.
3. How long will you lose your license?
One year. A first DUI conviction carries a one-year license revocation, which is separate from any revocation for refusing a breath or blood test under the implied consent law.
4. Can you still drive to work?
Possibly, with a restricted license. Tennessee allows a restricted license during a first-offense revocation for set purposes like work. In many cases it requires an ignition interlock device, a breath-testing unit that keeps your car from starting if it detects alcohol. You pay for installation and monitoring, and the Department of Safety says first-year costs could exceed $1,000.
5. Will you have to attend DUI school?
Yes. A first-time offender is ordered to participate in an alcohol and drug treatment program, often called DUI school. A judge can also order further treatment.
6. Will you have to pay for injuries or damage?
If anyone was hurt or suffered a loss, yes. Tennessee requires a DUI offender to pay restitution to any person who suffered physical injury or personal loss. That’s on top of any civil lawsuit.
7. What if a child was in the car?
The case can change dramatically. Having a passenger under 18 is one of the factors that can require an ignition interlock as a bond condition under Tenn. Code Ann. 40-11-118. If the child is seriously injured, the Department of Safety lists child endangerment as a Class D felony with 2 to 12 years, and a Class B felony if the child dies.
8. What does it cost to get your license back?
Several fees stack up at the end. The Department of Safety lists a $100 reinstatement fee, a $3 certification fee, a $50 fee if you must file an SR-22 (proof of financial responsibility from your insurer), and a $75 fee if you didn’t surrender your license. Your insurance premiums will likely rise too.
Will a first DUI stay on your record?
Generally, yes. DUI is excluded from judicial diversion under Tenn. Code Ann. 40-35-313, and a conviction counts as a prior offense for 10 years if you’re charged again.
Who can help you fight a first-offense DUI in Middle Tennessee?
- Turnbow Law (Chad Turnbow, Esq.)
- Isaac Wilson, Hagar & Phillips
- Lawrence Alan Poindexter
- Frizzell & Frizzell, PLLC
- Thomas Boyers V
1. Turnbow Law (Chad Turnbow, Esq.)
Turnbow Law is a Mt. Juliet criminal defense practice led by attorney Chad Turnbow, Esq. The firm represents people charged with DUI and other misdemeanors and felonies across Middle Tennessee, including Lebanon, Gallatin, Hendersonville, Portland, and Nashville. Its practice also covers drug charges, domestic violence, assault, theft, probation violations, and juvenile cases.
For a first DUI, that can include reviewing the stop and the test results, addressing restricted license options, and explaining how each penalty applies to your situation. Every case depends on its own facts, and prior results don’t guarantee a similar outcome.
2. Isaac Wilson, Hagar & Phillips
Isaac Wilson practices with Hagar & Phillips in the Lebanon and Wilson County area.
3. Lawrence Alan Poindexter
Lawrence Alan Poindexter is an attorney practicing in the Lebanon and Wilson County area.
4. Frizzell & Frizzell, PLLC
Frizzell & Frizzell, PLLC is a firm in the Hendersonville area.
5. Thomas Boyers V
Thomas Boyers V is an attorney practicing in the Gallatin and Goodlettsville area.
Plan for the full cost
A first DUI conviction in Tennessee costs more than a weekend in jail and a fine. License loss, interlock fees, treatment, and insurance can follow you for years. Talk with a DUI defense attorney early, before your first court date, to understand your options.
