What is 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)

www.TN.Gov

What are the penalties for a 1st Time DUI Offender in the State of Tennessee

1st Time DUI Offender

.08 (BAC) [55-10-401] [55-10-403]

  • 48 hours up to 11 months, 29 days for offenders in violation of 55-10-401
  • .20 BAC or greater minimum jail time 7 consecutive days
  • License revocation for 1 year
  • You will be ordered to participate in an alcohol and drug treatment program
  • 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 an Ignition Interlock Device at your expense. Minimum first year costs could exceed $1,000.00
  • 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

www.TN.Gov

What are the penalties for a 2nd time DUI Offender in the State of Tennessee?

2nd Time DUI Offender

  • 45 days to 11 months, 29 days in jail
  • $600-$3,500 mandatory fine
  • License revocation for 2 years/Restricted License available after first year
  • Subject to vehicle seizure/forfeiture
  • You will be ordered to attend an alcohol and drug treatment program
  • The judge can order you to install an 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

www.TN.Gov

What are the penalties for a 3rd time DUI Offender in the State of Tennessee?

3rd Time DUI Offender

  • 120 days to 11 months, 29 days in jail
  • $1,100 to $10,000 mandatory fines
  • License revocation for 6-10 years/NO restricted license available
  • Subject to vehicle seizure/forfeiture
  • Alcohol and drug treatment program
  • 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

www.TN.Gov

What are the penalties for a 4th and subsequent DUI Offender in the State of Tennessee?

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 8 years/NO restricted license available
  • Subject to vehicle seizure/forfeiture
  • Alcohol and drug treatment program
  • 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

www.TN.Gov

What are the penalties for a Vehicular Assault in the State of Tennessee?

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 number of prior offenses
  • Jail time 2 to 12 years according to range [40-35-112]
  • Plus fines and court costs
  • No restricted driver license is available

www.TN.Gov

What are the penalties for Child Endangerment (DUI with passenger under 18 years old)?

Child Endangerment

DUI with passenger under 18 years old

  • Class D felony if child suffers serious injury [55-10-403] [40-35-112]
  • 2 to 12 years jail time
  • Class B Felony if child death involved
  • 8 to 30 years jail time
  • License revocation

NOTE: Sentence length depends on a number of factors, including the person’s criminal history

www.TN.Gov

What are the penalties for Vehicular Homicide in the State of Tennessee?

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
  • No restricted driver license is available

www.TN.Gov

What are the penalties for Aggravated Vehicular Assault while driving intoxicated in the State of Tennessee?

Aggravated Vehicular Assault 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

www.TN.Gov

What are the Fees to reinstate a drivers license after alcohol-related offenses in the State of Tennessee?

Fees to reinstate a driver license after

alcohol-related offenses

Implied Consent Refusal to Submit to Blood Alcohol T.C.A. 55-10-406

  • $100 reinstatement fee
  • $50 fee if filing of financial responsibility (SR-22) is required
  • $75 fee for failure to surrender driver license may be required
  • Required to apply for valid license & pay appropriate driver license fee

Drug Free Youth Act Offenses (Ages 13 – 17) (T.C.A. 55-10-701) & Underage Possession of Alcohol (Age 18 -21) (T.C.A. 57-5-301)

  • $20 reinstatement fee
  • $75 fee for failure to surrender driver license may be required
  • Required to apply for valid license & pay appropriate driver license fee

All other DUI Type Offenses

  • $100 reinstatement fee
  • $3 certification fee if violation occurred in Tennessee
  • $50 fee if filing of financial responsibility (SR-22) is required
  • $75 fee for failure to surrender driver license may be required
  • Required to apply for valid license & pay appropriate driver license fee

www.TN.Gov

What are the penalties for drug and alcohol related offenses committed by minors in the State of Tennessee?

Penalties for drug and alcohol-

related offenses committed by minors

Drug Free Youth Act Offenses (Ages 13 – 17) T.C.A. 55-10-701

  • License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days
  • License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year
  • Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted

Underage Possession of Alcohol (Age 18 -21) T.C.A. 57-5-301

  • License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days
  • License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year
  • Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted

Driving While Impaired (Age 16 – 20) T.C.A 55-10-415

  • License revocation for 1 year/No provision for restricted license
  • $250 fine
  • Court may impose public service work

www.TN.Gov

Establishing Paternity

Establishing Paternity

By establishing paternity, you give your child a legal father. This is important to the father, mother and child. Both the father and the mother should share in the emotional, financial and legal responsibilities in caring for their child. Parents working together with the child’s best interest in mind, can positively impact the child’s well-being, sense of security and outlook for the future. The Department of Human Services and your local child support office are committed to working with both parents in establishing paternity.

If the mother is married when the child is born or the child is born within three hundred (300) days of the entry of a final decree of divorce, the husband is presumed to be the child’s legal father. If the mother is not married during this time period, the biological father can sign a Voluntary Acknowledgement of Paternity (VAoP) to establish paternity at the time of the child’s birth. These forms are available at the hospital, local Health Department and your local child support office. Click here to find the office which serves the county in which you live.

If either parent has doubts about who the father is, he/she should not sign the VAoP. The child support office can schedule DNA testing to determine whether or not the individual is the father. After positive DNA testing results are returned to the local child support office from the certified DNA lab, paternity will be established through court order.

www.TN.Gov