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Offenders charged with their first DUI in Tennessee face both criminal and administrative penalties, pending the outcome of their DUI case. The case-specific nature of a given first offense DUI case may also influence the potential penalties faced by an offender as well. Items such as child presence in the vehicle at the time of the arrest or elevated blood alcohol content (BAC) do play a limited role in sentencing in certain instances in Tennessee for first offenders.
A first offense DUI arrest in Tennessee initiates a default process of administrative license suspension for a period of one year, unless the offender contests impending suspension at an administrative hearing. Reinstatement following the suspension period may be contingent upon completion of alcohol/substance assessment, and/or treatment in limited instances for first offenders.
If at the time of the arrest, the driver had a passenger who was a minor (person under the age of 15), refused to submit to a breathalyzer, or had a BAC above .15, he or she will be subject to ignition interlock requirements upon reinstatement of the license for a first offense.
First offenders face a mandatory minimum incarceration period of two days, with potential of incarceration of not more than 11 months. Fines applicable range from $350 to not more than $1,500, but fines do not include costs accrued during completion of terms of sentence or in the license reinstatement process.
Courts may mandate both counseling and assessments related to alcohol and substance abuse. They may also mandate completion of an alcohol and driving education program. First offense DUI convictions will influence sentencing and charging of future DUI arrests for a period of 10 years.
The state of Tennessee does not forbid plea agreements, which reduce a DUI charge to a lesser criminal conviction. Likewise, defendants, upon the advice of counsel and in light of the case-specific considerations, are free to actively seek outright dismissal, as well as other forms of favorable plea bargains. For more information and insight into defending your Tennessee DUI case, consult with a Tennessee first offense DUI lawyer.