If Tennessee, the Volunteer State, is home to you and you’ve been arrested for a DUI, this information is just for you. Under Tennessee DUI law, a person is legally under the influence or "per se" if their blood alcohol level is .08% or higher.
This is true even if there is no evidence that the person's ability to drive was hindered by alcohol. DUI also falls under the category of a person driving under the influence of a narcotic – even if it was prescribed by their physician. The government must prove beyond a reasonable doubt that you were in physical control a vehicle, under the influence of drugs or alcohol and were using a public highway while having a blood alcohol content of more than .08%.
DUI Penalties
Your jail sentence for a first offense can range from 48 hours to 11 months, 29 days. The minimum fine will be $350 and your license will be revoked for 1 year. If your metropolitan population is over 100,000, you must serve 200 hours of community service. Other penalties you could face are: vehicle impoundment, ignition interlock, restricted travel, probation, loss of job and alcohol education classes.
Tennessee BAC
If your BAC or blood alcohol content is more than .08%, you are DUI in this state. To test your BAC, police will ask you to submit to a blood, breath or urine exam. The blood test is the most accurate, but requires trained medical professionals (the same is true for the urine test).
Field Sobriety Tests
Ready for a pop quiz? FSTs are given by police officers right on the scene and will require you to follow the police officers instructions. You may take the HGN (horizontal gaze nystgamus), the one leg stand or the walk and turn. These types of tests check for balance, coordination and any involuntary eye jerking.
Ignition Interlock System
This device may be placed in your car to prevent drinking and driving. You must breathe into the machine in order to start your car. If alcohol is detected, your car won’t start.
Zero Tolerance
If you’re under 21, you are DUI if you have a BAC of .02% or more in Tennessee. You will lose your license for a year, face a $250 fine and public service.
Hiring a DUI Lawyer
When it comes to your freedom, don’t just settle for any lawyer! Find one who specializes in DUI and you’re likely to win your case.