Second Offense DUI in Tennessee

If you operate a motor vehicle with a BAC of .08 or higher in Tennessee, you are considered to be driving under the influence. A second DUI in Tennessee is a very serious matter, and it can have a long lasting effect on your life. It remains on your driving record forever. Persons arrested for a second DUI face penalties, fines, license suspension or revocation, and jail time. If you are arrested for a second DUI in Tennessee, you should hire a Tennessee criminal defense attorney to defend you.

Administrative Penalties

Tennessee has an assessment fee of $100 per conviction for a second DUI, and an administrative license suspension penalty of a one year revocation of your license. In order to get your driver's license reinstated after the revocation, there is a $67 fee, and you must take a driving test. 

Criminal Penalties

Penalties for a second DUI in Tennessee include:

• 2 year drivers license revocation
• Eligibility for a restricted license after one year
• Minimum 45 days to 11 months 29 days jail time
• Fines from $600 up to $3,500
• An ignition interlock installed in your vehicle if you are convicted of a second DUI within five years
• Possible vehicle forfeiture
• Attendance of a state approved DUI school
• Attendance of a drug and alcohol program if decided by the court
• Restitution to any person who may have been injured

Look Back Period

The look back period in Tennessee is 10 years. Penalties and fines are stiffer if you have been convicted of two DUI offenses within a 10-year period. Courts look at the circumstances at the time of the arrest, such as whether someone was injured or killed.

Felony vs. Misdemeanor

Tennessee considers a second DUI a misdemeanor. A fourth DUI offense (and any additional one after the fourth) is considered a felony.

Plea Options

You have the option of pleading guilty or no contest to a reduced charge, which carries lesser penalties. It is more difficult to prove a not guilty plea, so you should hire a Tennessee criminal defense attorney to assert legal defenses on your behalf. 

Consult with an Attorney

Tennessee DUI laws are complicated. It is recommended that you hire a Tennessee criminal defense attorney to defend you if you are arrested for a second DUI. An attorney will be knowledgeable about Tennessee DUI laws and may be able to get the penalties reduced or the case dismissed.