Drivers in Tennessee who have repeatedly engaged in the activity of drinking and driving now face harsher penalties than ever. New laws put in place in 2016 focus special attention on individuals who have received a DUI conviction more than four times. The penalties for DUI convictions for first through fourth time offenders are already strict, but the consequences for offenders on their sixth or greater conviction have become even more severe.

Summary of Tennessee DUI penalties

In brief, here are the penalties imposed by Tennessee for the first through sixth DUI offense:

First DUI Offense

• Maximum of 11 months, 29 days in jail
• Mandatory seven days in jail with a BAC greater than .20
• $350 to $1000 in fines
• One year driver’s license revocation
• DUI School and/or Victim Impact Panel
• Possible ignition interlock device

Second DUI Offense

• Mandatory 45 days in jail
• Possible 11 months, 29 days in jail
• $600 to $3500 in fines
• Two year driver’s license revocation
• Mandatory ignition interlock device

Third DUI Offense

• Mandatory 120 days in jail
• Possible 11 months, 29 days in jail
• $1,100 to $10,000 in fines
• Six years driver’s license revocation
• Mandatory ignition interlock device

Fourth or Fifth DUI Offense

• Class E felony
• Mandatory 150 days in jail
• Possible one to six years in jail
• $3,000 to $15,000 in fines
• Eight years driver’s license revocation
• Mandatory ignition interlock device

Sixth DUI Offense

• Class C felony
• Mandatory 150 days in jail
• Possible three to 15 years in jail
• $3,000 to $15,000 in fines
• Eight years driver’s license revocation
• Mandatory ignition interlock device

Each offense above includes an added $100 special assessment fee and the possible requirement to wear an alcohol monitoring device. For second offenses and beyond, you may be required to submit to an alcohol and drug assessment, as well as rehabilitation. You may also have to forfeit possession of your vehicle.

Stiffer penalties for sixth time repeat offenders and beyond

Previous to the modification of the Tennessee DUI laws in 2016, fourth offense DUI convictions or greater were all classified as Class E felonies, carrying a potential one to six year jail sentence. These penalties held true for any number of DUI convictions beyond the fourth offense, regardless if it was the individual’s sixth, eighth, or ninth DUI conviction.

The updated law, which amends TCA Title 39; Title 40 and Title 55 increases the severity of the crime for the sixth DUI offense, making it a Class C felony. The penalties at this level of repeat offender, as mentioned above, include a possible 3 to 15 year jail sentence.

If an individual convicted of a DUI has two previous felony DUI, and four or five previous misdemeanor DUI convictions, they are recognized by the state as a persistent offender, resulting in the possibility of more severe penalties.

Fingerprint filing requirement

Another new law passed by the Tennessee legislature, which amends TCA Title 8 and Title 55, requires individuals charged with DUI, vehicular assault, vehicular homicide, and aggravated homicide to provide their fingerprints. Within five days of the charge, the fingerprints must be sent to the Tennessee Bureau of Investigation. They will subsequently be filed with the National Crime Information Center. Police officers have access to this criminal database, enabling them to review the criminal background record of individuals they stop and detain.

At Delius & McKenzie, PLLC, our Sevierville DUI defense attorneys have extensive experience defending the rights of drivers facing a DUI charge for the second or subsequent time. We understand how the prosecution thinks, and we can formulate a strategic defense to minimize or eliminate, if possible, the charges and penalties currently staring you down. We fight vigorously for our clients in and around Sevierville, Seymour, Pigeon Forge, and Gatlinburg. To arrange an appointment for a free consultation, call us at 865-428-8780, or complete our contact form.