Driving under the influence is one of the few crimes for which a conviction can be based solely on the opinion of a police officer. However, that’s also good news for a driver who has a skilled DUI criminal defense attorney, because the officer’s opinion is open to interpretation. An experienced lawyer from 1.800.NOT.DRUNK and www.NotDrunk.com can show a jury that there are two sides to every piece of evidence in a Tennessee drunk driving case.

While most Tennessee DUI offenses are classified as misdemeanors, the penalties for a drunk driving conviction are typically much more serious than in other states. Drinking and driving cases are actually pursued under two different theories – that the driver was under the influence, or violated Tennessee’s “per se” laws, meaning he or she had a blood alcohol content (BAC) of .08 percent or greater.

Under Tennessee law, a driver is considered legally drunk if he or she has a BAC of .08 percent or greater, even if there is no evidence that that alcohol consumption has impaired the individual’s ability to drive safely.

Drivers can also be convicted in Tennessee for operating a vehicle while under the influence of a narcotic, even if a physician prescribed it.

Tennessee has a 10-year “washout” period for drinking and driving offenses. This means that a drunk driving arrest that occurs more than 10 years after a prior DUI conviction will be treated as a first-time offense. If it occurs within 10 years of a prior driving under the influence conviction, the motorist will be treated as a multiple offender.

The punishment of a Tennessee conviction for driving under the influence can be quite harsh. A first-offense DUI conviction is punishable by 48 hours to 11 months, 29 days in jail. If the driver’s BAC was .20 percent or greater, he or she will spend a minimum of seven days in jail. A first-offense drunk driver also faces a minimum fine of $350.00 a one-year driver’s license suspension, and alcohol education classes. Attendance at AA meetings may also be required.

A motorist convicted of second-offense drunk driving in Tennessee faces 45 to 11 months, 29 days in jail, a two-year license revocation with a restricted license available after one year, and a $600 to $3,500 fine. The driver also must complete alcohol rehabilitation and may have to complete community service and have an ignition interlock device installed.

A driver convicted of a third Tennessee DUI / DWI offense within 10 years faces four months to 11 months, 29 days in jail, a three- to ten-year license revocation, and a $1,100 to $10,000 fine. The driver also faces alcohol treatment and the possibility of community service, vehicle forfeiture, and an ignition interlock device.

A fourth Tennessee drunk driving conviction carries five months to six years in jail, a $3,000 to $15,000 fine, and a minimum five-year driver’s license revocation. The motorist also faces alcohol treatment and the possibility of community service, vehicle forfeiture, and an ignition interlock device.

The driver’s license will be suspended for one year if he or she refused to submit to a chemical test (blood, breath, or urine) after a valid drunk driving arrest. This may apply even where the defendant is not convicted of DUI.

The penalties for a Tennessee drunk driving conviction are harsh, but the punishment can be reduced or eliminated altogether with the help of an expert lawyer. The skilled Tennessee attorneys of 1. 800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline a proven defense strategy designed to protect the driver’s rights and minimize negative consequences.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.