A DUI charge is very serious, and the severity of the punishment for a conviction of a driving under the influence conviction increases depending on how many DUIs a person has received in the past. A first-offense DUI is treated differently than a second or third-offense DUI.
In Tennessee one is considered a multiple offender if no more than ten years have elapsed between the date of the present violation and the date of any preceding convictions for driving under the influence. If you are a multiple offender, you are subject to harsher penalties under the statute.
If you are convicted of a second DUI, the minimum amount of jail time required is forty- five days in jail and a maximum of eleven months twenty-nine days in jail. There is a two-year loss of license minimum and a fine of no less than $600 and no more than $3,500.
A person convicted of a DUI which ended with a license revocation has the ability to request a restricted license. In order to do this one must apply to the trial judge or a judge of any court in the person’s county of residence having jurisdiction to try charges for driving under the influence for a restricted driver license. If the judge approves the restricted license application, the judge may also order the person to install and keep an ignition interlock device as a condition of probation depending on the individual factors of the particular case such as: blood alcohol concentration at time of arrest, presence of minors during time of arrest, if there was a traffic accident caused by the accused, violation of the implied consent law, etc.
One is not eligible for a restricted license if he or she has a prior conviction for the offense of vehicular assault, aggravated vehicular assault, vehicular homicide, aggravated vehicular homicide; or seriously injured or killed another person in the course of the conduct that resulted in the driver’s conviction for driving under the influence or a similar offense in another state.
A second-time DUI offense is very serious and can lead to life altering consequences. It is important to seek adequate representation to help you navigate the uncertainty of the criminal justice system.
If you found this article helpful, please also be sure to check out the article titled “How do I get my license back after a DUI?” for more information.