Third Offense DUI in Tennessee

In Tennessee, it is unlawful to drive under the influence of alcohol, drugs and other intoxicants on a public road, street or highway. Unlike other states, Tennessee expands this prohibition to other venues such as alleys, trailer parks, apartment complexes, shopping centers and any other premises frequented by the public at large. As in other states, Tennessee follows the nationwide measure of a blood alcohol content of 0.08 percent. It is not a defense in Tennessee that the driver was lawfully entitled to use the drug involved.

Driving under the influence accrues administrative and criminal penalties. A third DUI in Tennessee increases these penalties.

DUI Laws in Tennessee for a Third Offense

Administrative Penalties

A third DUI conviction in Tennessee revokes your driving license for a period of 3 to 10 years. There is no restricted license available upon a third conviction. Additionally the judge may order an ignition interlock on your vehicle(s) or seizure or forfeiture of the vehicle(s). A second DUI within 5 years incurs mandatory ignition interlock.

Criminal Penalties

Upon conviction for a third DUI in Tennessee, you will be fined between $1,100 and $10,000. You may also have to serve time in the county jail or workhouse for not less than 120 days nor more than 11 months and 29 days. Other possible penalties include drug and alcohol assessment as well as participation in an alcohol safety school program.

Lookback Period

To determine penalties, the state of Tennessee will look back on prior convictions going back as far as 10 years. Any additional offenses within this time frame will be counted individually and will enhance penalties.

Felony vs. Misdemeanor in Tennessee

In Tennessee, a DUI becomes a Class E felony upon a fourth or subsequent conviction. Penalties are increased with imprisonment set at a term of at least 150 consecutive days and no more than the appropriate maximum sentences set out by statute. The court prohibits the offender from driving a motor vehicle for 5 years. Fines range from $3,000 to $15,000.

Plea Options

Upon a third conviction, pleading down becomes harder because you are considered a repeat offender for whom certain alternative sentencing has not worked. Courts consider the facts around the case; if your think they will find no factors in your favor, pleading guilty may be the only way to go. It is usually required that a defendant plead guilty before the court will bargain for a plea agreement.

However, if there are circumstances such as faulty testing or equipment, this evidence may be used to rebut the prosecution's case. In such a case, you may attempt to plead not guilty. An experienced attorney may be able to question any field sobriety tests because these do not always provide conclusive results; this approach may help you avoid penalties.

A third DUI in Tennessee does not bar a court from considering an offer of a plea agreement if the defendant pleads guilty. Prosecutors also consider plea agreements if they feel they may lose the case. In a plea agreement, the court will require things like voluntary community work in addition to payment of all court costs in exchange for some leniency such as a probated sentence. However, Tennessee's statutes require that under a third conviction, the minimum sentence imposed must be served before the remainder of the sentence may be probated.

Finding a Lawyer

If you face DUI charges in Tennessee for the third time, you risk at least 3 months in a county jail and up to $10,000 in fines. An experienced lawyer may be able to get the charges dropped or plea down depending on any circumstances in your favor. Talk with a lawyer in Tennessee to discuss possible defenses.