In the past, the first time someone was convicted of Driving Under the Influence (DUI) they had the opportunity to serve two days to eleven months and twenty-nine days in jail, or if it was their first DUI and their Blood Alcohol Concentration (BAC) was a 0.20 percent or higher, the accused would serve at least seven consecutive days in jail.
DUI offenders whose BAC level is between 0.15 percent and 0.19 percent will now be subject to enhanced penalties. Drivers whose BAC is 0.15 percent, can now be looked at for aggravated DUI charges. This means the penalties for the DUI would be harsher than a typical DUI because of the increased BAC.
These changes are set to take place starting July 1, 2024.
Understanding the Change: Lower BAC Threshold for Harsher DUI Penalties
The threshold for more intense penalties has been lowered from 0.20 BAC to 0.15 BAC. This shift in the threshold will likely increase the number of individuals subject to the harsher penalties by about 85%.
Tennessee State Law prohibits anyone from driving and/or being in physical control of any motor vehicle while having a BAC of 0.08% or more.
Physical control does not mean you are actively in motion, it means you have the ability to drive the vehicle. Often individuals who have been drinking tend to forget that they can be charged with a DUI if they had the intent to drive while intoxicated. Having the intent to drive could be as simple as having the keys in the ignition of a parked car or being asleep in a vehicle while keys are in your pocket.
What This Means for Tennessean Drivers
While the BAC to be charged with a DUI has not changed, the BAC for an aggravated DUI will be lowered beginning July 1, 2024.
- Standard DUI: A driver with a BAC below 0.20% faces the standard DUI penalties, which include:
- Minimum jail time of 48 hours (potentially more depending on the judge)
- Fines ranging from $350 to $1,500
- Driver's license suspension for up to a year (with possibility of a restricted license)
- Mandatory alcohol safety classes
- Potential ignition interlock device requirement
- Aggravated DUI: A driver with a BAC below 0.15% faces the harsher penalties, which include:
- Mandatory minimum jail time increases to 7 days (even for first time offenders)
- Increased fines
- License suspension could be longer than a year (with the possibility of a restricted license)
Increased Risk of Harsher Penalties for First-Time DUIs
Having a minor in the car while operating under the influence automatically comes with a harsher penalty, regardless of BAC or if it’s a first time DUI offense. A DUI that results in serious injury or death also comes with significant jail time and increased fines.
Protecting Yourself on the Road
If you are pulled over for the suspicion of a DUI you should comply with the officers' basic requests such as providing driver’s license, vehicle registration and proof of insurance.
Tennessee employs the Implied Consent Law which requires drivers to submit to a blood or breath test if an officer has reasonable grounds to believe you are under the influence. Refusal may result in a suspended license.
Following the traffic stop, contact a knowledgeable DUI Lawyer in Tennessee to seek legal counsel.
Importance of Safe Driving Practices
A DUI arrest can be expensive and wreak havoc on your personal and professional life. While you may not feel impaired after the consumption of alcohol you should always err on the side of safety not just yourself but other drivers on the road.
Planning your night in advance is the best way to avoid any possibility of getting a DUI.
Here are some safe options for your night out:
- Choose a designated driver- someone to stay sober throughout the night to safely drive the party home.
- Call a rideshare service- Uber and Lyft are great options and available in most areas.
- Plan to Stay Over- staying with friends and family or even booking a hotel are great options.
Experienced DUI Attorneys | Aubrey Givens and Associates
Here at Aubrey Givens and Associates, our experienced criminal defense attorney will dedicate time and resources to ensure your rights were not violated at any point during the investigative process. We will ensure your legal needs are met while going above and beyond to keep you informed on your case. Contact us today, for your free consultation.
