Knoxville DUI Attorney

Tennessee DUI Laws

Arrested for driving under the influence? At the Law Office of Joseph A. Fanduzz, we represent individuals who are facing charges for drunk driving. A DUI offense should not be taken lightly, because a conviction could result in the suspension of your driver's license, increased insurance rates, and heavy fines. Our Knoxville DUI lawyer has plenty of experience handling drunk driving cases, and we know what it takes to build a defense that is strong enough to get a client's charges reduced or even dropped.

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Arrested for DUI? You only have 10 days to act!
Contact us today to set up your free consultation.

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What is the Penalty for First Time DUI in Tennessee?

For a first time DUI in Tennessee, you can face a fine of $350 to $1,500 as well as 48 hours to 11 months and 29 days in jail. You may also have a minimum sentence of 7 days in jail if your blood alcohol content (BAC) was .20% or more.

Effective Litigation for Tennessee DUI Charges

Over the years, we have become known for our ability to effectively negotiate and litigate on behalf of our clients, regardless of how complicated the situation may be. We understand that a client may find themselves in a sticky situation at any given moment, which is why we make sure our services are available 24 hours a day, seven days a week.

Tennessee DUI Penalties

Under Tennessee DUI laws, penalties for a DUI may include:

• Jail time
• Suspension of a driver's license
• Increased insurance rates
• Heavy fines
• Community Service
• Mandatory enrollment in an alcohol education class

A DUI conviction has the potential to result in a variety of penalties. The severity of penalties will depend on the specific situation, such as if this was the defendant's first offense DUI, if they were underage, or if there were enhancing factors that made it a felony.

Misdemeanor vs. Felony DUI

It is illegal to drive with a blood alcohol content (BAC) of .08% or .04% if you are a commercial driver. If you are pulled over on suspicion of DUI, you will be told to take a breathalyzer test and/or field sobriety test. If you fail any of these tests, you may be charged with a misdemeanor or felony, even if you only had one drink before driving.

Tennessee penalizes DUI offenders based on the frequency and level of the alleged offense:

1^st time DUI offender

• Misdemeanor
• 48 hours to 11 months and 29 days in jail, and at least 7 days in jail for a .20 BAC
• License revocation for 1 year
• $350 to $1,500 fine
• Restitution to any person suffering physical injury or personal loss
• Participation in a drug and alcohol treatment program
• Ignition Interlock Device installed at your expense

2^nd time DUI offender

• Misdemeanor

• 45 days to 11 months and 29 days in jail
• License revocation for 2 years
• $600 to $3,500 fine
• Restitution to any person suffering physical injury or personal loss
• Participation in a drug and alcohol treatment program
• Ignition Interlock Device installed at your expense
  • If you commit two DUIs in 5 years, an Ignition Interlock Device is required for 6 months after reinstatement, at your expense
• Subject to vehicle seizure/forfeiture

3^rd time DUI offender

• Misdemeanor

• 120 days to 11 months and 29 days in jail
• License revocation for 6 years
• $1,100 to $10,000 in fines
• Participation in a drug and alcohol treatment program
• Ignition Interlock Device installed at your expense
  • If you commit two DUIs in 5 years, an Ignition Interlock Device is required for 6 months after reinstatement, at your expense
• Subject to vehicle seizure/forfeiture

4^th and subsequent DUI offender

• Class E felony
• 150 days to 1 year in jail
• License revocation for 8 years
• $3,000 to $15,000 in fines
• Participation in a drug and alcohol treatment program
• Ignition Interlock Device installed at your expense
  • If you commit two DUIs in 5 years, an Ignition Interlock Device is required for 6 months after reinstatement, at your expense
• Subject to vehicle seizure/forfeiture

Child endangerment: DUI with passenger under 18 years old

• Class D felony if a child suffers serious injury
  • 2 to 12 years in jail
  • License revocation
• Class B felony if child death is involved
  • 8 to 30 years in jail
  • License revocation

You May Lose Other Licenses

It is a commonly held belief that DUI convicts only get their driver’s license revoked. While this is partially true, those guilty of a DUI could also lose professional licenses needed to sustain a career. Without both a driver’s license and professional license, your life could be impacted dramatically.

Numerous professions may revoke your license following a DUI conviction, including but not limited to:

• Doctors
• Nurses
• Insurance agents
• Real estate agents
• Driving services
• At-will employees

No license, no job. Do not gamble your financial stability following a DUI charge. Instead, contact our experienced defense lawyer as soon as you’ve been accused.

Should I Refuse a Breathalyzer Test?

If an officer accuses someone of driving while under the influence (DUI), it’s only a matter of time until he or she asks the suspect to take a breathalyzer test. While many assume they have to comply with the officer’s request, the reality is that they don’t have to. In fact, in some circumstances, refusing the test may in the accused’s best interest.

Breathalyzers & Implied Consent in Tennessee

Under Tennessee DUI laws, anyone with a driver’s license gives their “implied consent” to take a breathalyzer test when asked by police. Implied consent means any driver under suspicion of a DUI must take a breathalyzer or face an automatic one-year license suspension. Therefore, if you’re sure you’re under the legal limit, you should take the breathalyzer test to save your license.

However, what if you are potentially over the legal limit? Well, it may be a good idea to refuse.

Implied consent scares people into taking breathalyzer tests, but here are some other facts to consider:

• A first-time DUI conviction will result in a one-year license suspension, so taking a breathalyzer while intoxicated could result in a license suspension anyway.
• You may qualify for a restricted driver’s license which lets you drive despite refusing a breathalyzer test.
• It’s easier to defend a DUI case when there is no hard proof of intoxication. Therefore, refusing a breathalyzer takes away evidence from the prosecution.

Based on these facts, it’s important to weigh your options when asked to take a breathalyzer.

Challenge Your DUI Conviction!

Oftentimes, many individuals simply accept their charges and allow for a DUI to go on their driving record. However, there are ways to challenge a DUI. Our Knoxville DUI attorney is not afraid to fight on our clients' behalves to protect their license, driving record, and insurance rates. We will not hesitate to argue against the methods used by the arresting officer, or to contest the evidence brought forth by the prosecution.

Providing Skillful Legal Guidance Every Step of the Way

At our firm, our DUI attorney Knoxville TN can provide you with the legal guidance you need throughout each step of your case. Attorney Fanduzz is devoted to finding the most promising outcome by using the most advantageous routes, whether that involves court litigation or settlement negotiation.

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Learn more about Tennessee DUI laws by scheduling a free case evaluation with our dedicated Knoxville DUI lawyer.

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