Students: TN Law Pertaining to Alcohol Offenses
TN Department of Safety link: http://tennessee.gov/safety/duioutline.htm
IMPLIED CONSENT - Refusal to Submit to Blood Alcohol (BAC) [55-10-406]
IMPLIED CONSENT - Refusal to Submit to Blood Alcohol (BAC) [55-10-406]
- Revocation of Drivers License for 1 year-1st offense
- Revocation of Drivers License for 2 years-2nd offense
- Revocation of Drivers License for 2 years if crash resulted in bodily injury (Most Aggravated Drunk Driving Law)
- Revocation of Drivers License for 5 years if crash resulted in a death (Most Aggravated Drunk Driving Law).
(a) (1) A person age sixteen (16) or over but under age twenty-one (21) may not drive or be in physical control of an automobile or other motor driven vehicle while:
(A) The alcohol concentration in the person's blood is more than two hundredths of one percent (0.02%);
(B) Under the influence of alcohol;
(B) Under the influence of alcohol;
(C) Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
(D) Under the combined influence of alcohol and any other drug set out in subdivision (a)(1)(C) to a degree which makes the person's driving ability impaired.
(D) Under the combined influence of alcohol and any other drug set out in subdivision (a)(1)(C) to a degree which makes the person's driving ability impaired.
(2) For purposes of this section, “drug producing stimulating effects on the central nervous system” has the same meaning and includes the same items set out in § 55-10-401(b).
(b) The fact that any person who drives while under the influence of narcotic drugs or barbital drugs is or has been entitled to use such drugs under the laws of this state does not constitute a defense to the violation of this section.
(c) This section establishes the offense of underage driving while impaired for any person age sixteen (16) or over but under age twenty-one (21). The offense of underage driving while impaired is a lesser included offense of driving while intoxicated.
(d) (1) The offense of underage driving while impaired for a person age eighteen (18) or over but under age twenty-one (21) is a Class A misdemeanor punishable only by a driver license suspension of one (1) year and by a fine of two hundred fifty dollars ($250). As additional punishment, the court may impose public service work.
(2) The delinquent act of underage driving while impaired for a person age sixteen (16) or over but under the age of eighteen (18) is punishable only by a driver license suspension of one (1) year and by a fine of two hundred fifty dollars ($250). As additional punishment, the court may impose public service work.
(e) A person age sixteen (16) or over but under the age of eighteen (18) who commits the offense of underage driving while impaired commits a delinquent act.
[Acts 1993, ch. 491, § 1; 1998, ch. 1046, § 3.]
1ST TIME DUI OFFENDER - .08 (BAC) [55-10-401] [55-10-403]
(b) The fact that any person who drives while under the influence of narcotic drugs or barbital drugs is or has been entitled to use such drugs under the laws of this state does not constitute a defense to the violation of this section.
(c) This section establishes the offense of underage driving while impaired for any person age sixteen (16) or over but under age twenty-one (21). The offense of underage driving while impaired is a lesser included offense of driving while intoxicated.
(d) (1) The offense of underage driving while impaired for a person age eighteen (18) or over but under age twenty-one (21) is a Class A misdemeanor punishable only by a driver license suspension of one (1) year and by a fine of two hundred fifty dollars ($250). As additional punishment, the court may impose public service work.
(2) The delinquent act of underage driving while impaired for a person age sixteen (16) or over but under the age of eighteen (18) is punishable only by a driver license suspension of one (1) year and by a fine of two hundred fifty dollars ($250). As additional punishment, the court may impose public service work.
(e) A person age sixteen (16) or over but under the age of eighteen (18) who commits the offense of underage driving while impaired commits a delinquent act.
[Acts 1993, ch. 491, § 1; 1998, ch. 1046, § 3.]
1ST TIME DUI OFFENDER - .08 (BAC) [55-10-401] [55-10-403]
- 48 hours to 11 months, 29 days of jail for offenders under the age of 21.
- 24 hours to 11 months, 29 days of jail for offenders 21 and over
- .20 BAC or greater minimum jail time 7 consecutive days
- License revocation for 1 year
- You will be ordered to participate in a DUI school
- Pay restitution to any person suffering physical injury or personal loss
- $350-$1,500 Fine
- With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900.
- Judge can order you to install a vehicle Ignition Interlock Device at your expense. Minimum 1st year cost $810 [55-10-412d]
- If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.
- Drug and Alcohol Treatment may be required at the judge's discretion.
2ND TIME DUI OFFENDER
- 45 days to 11 months, 29 days of jail
- $600-$3,500 mandatory fine
- License revocation for 2 years/Restricted License available after first year
- Subject to .08 BAC
- Subject to vehicle seizure/forfeiture
- You will be ordered to attend a DUI school
- The judge can order you to install a vehicle Ignition Interlock Device at your expense.
- If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.
- Pay restitution to any person suffering personal injury or loss
3RD TIME DUI OFFENDER
- 120 days to 11 months, 29 days in jail
- $1,100 to $10,000 mandatory fines
- License revocation for 3-10 years/NO restricted license available
- Subject to .08 BAC
- Subject to vehicle seizure/forfeit
- DUI school
- Judge could order an Ignition Interlock Device installed at your expense
- If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.
4TH AND SUBSEQUENT DUI OFFENDER
- Class E Felony
- 1 Year (365) days of jail time with a minimum of 150 consecutive days served
- $3,000 to $15,000 mandatory fine
- License revocation for 5 years/NO restricted license available
- Subject to vehicle seizure/forfeit
- DUI school
- Judge could order an Ignition Interlock Device installed at your expense
- If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.
VEHICULAR ASSAULT - Serious injury to another person by a DUI driver.
- Class D Felony [39-13-106]
- License revocation from 1 to 5 years according to prior offenses
- Jail time 2 to 12 years according to range [40-35-112]
- Plus fines and court costs
CHILD ENDANGERMENT - DUI with passenger under 13 years old
- Class D felony if child suffers serious injury [55-10-414] [40-35-112]
- 2 to 4 years jail time
- Class C Felony if child death involved
- 3 to 6 years jail time
- License revocation
VEHICULAR HOMICIDE
- Class B Felony [39-13-213] [40-35-112]
- Fatal crash caused by DUI with .08 BAC or more
- License revocation for 3-10 years/NO restricted license available
AGGRAVATED VEHICULAR HOMICIDE - (while driving intoxicated)
- Class A Felony [39-13-218] [40-35-112]
- If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault convictions or, (c) any combination
- One prior Vehicular Homicide
- A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense.
55-10-416. Open container law. —
(a) (1) No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.
(2) For purposes of this section:
(A) “Open container” means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken;
(B) An open container is in the possession of the driver when it is not in the possession of any passenger and is not located in a closed glove compartment, trunk or other nonpassenger area of the vehicle; and
(C) A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.
(b) (1) A violation of this section is a Class C misdemeanor, punishable by fine only.
(2) For a violation of this section, a law enforcement officer shall issue a citation in lieu of continued custody, unless the offender refuses to sign and accept the citation, as provided in § 40-7-118.
(c) The provisions of this section shall not be construed to prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting the passengers in a motor vehicle from consuming or possessing an alcoholic beverage or beer in an open container during the operation of such vehicle by its driver, or be construed to limit the penalties authorized by law for violation of such an ordinance or resolution.
[Acts 1994, ch. 638, § 1.]
39-17-310. Public intoxication. —
(a) A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance or any other intoxicating substance to the degree that:
(1) The offender may be endangered;
(2) There is endangerment to other persons or property; or
(3) The offender unreasonably annoys people in the vicinity.
(b) A violation of this section is a Class C misdemeanor.
[Acts 1989, ch. 591, § 1.]
39-16-303. Using a false identification. —
(a) A person commits the offense of using a false identification who, for the purpose of obtaining goods, services or privileges to which the person is not otherwise entitled or eligible, uses a false identification.
(b) A violation of this section is a Class C misdemeanor; however, if a violation of § 57-5-301(d)(3) or § 57-3-412(c) also constitutes a violation of this section, the offender shall be punished in accordance with those sections.
[Acts 1990, ch. 983, § 2; 2006, ch. 986, § 5.]
(a) (1) No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.
(2) For purposes of this section:
(A) “Open container” means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken;
(B) An open container is in the possession of the driver when it is not in the possession of any passenger and is not located in a closed glove compartment, trunk or other nonpassenger area of the vehicle; and
(C) A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.
(b) (1) A violation of this section is a Class C misdemeanor, punishable by fine only.
(2) For a violation of this section, a law enforcement officer shall issue a citation in lieu of continued custody, unless the offender refuses to sign and accept the citation, as provided in § 40-7-118.
(c) The provisions of this section shall not be construed to prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting the passengers in a motor vehicle from consuming or possessing an alcoholic beverage or beer in an open container during the operation of such vehicle by its driver, or be construed to limit the penalties authorized by law for violation of such an ordinance or resolution.
[Acts 1994, ch. 638, § 1.]
39-17-310. Public intoxication. —
(a) A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance or any other intoxicating substance to the degree that:
(1) The offender may be endangered;
(2) There is endangerment to other persons or property; or
(3) The offender unreasonably annoys people in the vicinity.
(b) A violation of this section is a Class C misdemeanor.
[Acts 1989, ch. 591, § 1.]
39-16-303. Using a false identification. —
(a) A person commits the offense of using a false identification who, for the purpose of obtaining goods, services or privileges to which the person is not otherwise entitled or eligible, uses a false identification.
(b) A violation of this section is a Class C misdemeanor; however, if a violation of § 57-5-301(d)(3) or § 57-3-412(c) also constitutes a violation of this section, the offender shall be punished in accordance with those sections.
[Acts 1990, ch. 983, § 2; 2006, ch. 986, § 5.]
