Fox17 recently reported that a Tennessee father was charged with his 4^th DUI offense after his motorcycle crashed and rear-ended a van. The collision took place near Pecker’s Bar located on Hermitage Avenue. Making matters worse, the father’s 12-year old daughter was riding on the back of the motorcycle. The news report stated that camera footage showed that the daughter bounced on the pavement three times before stopping.

The police claimed that the father smelled of alcohol when they came to the crash site. The father had been convicted three times previously for driving under the influence. The dad was charged with a 4^th DUI and driving on a license that had been revoked. Drivers with multiple DUI convictions are required to have a required IID (Ignition Interlock Device) on the motorcycle. It did not appear that the father’s motorcycle had an operable IID.

Multiple DUI convictions in Tennessee

The penalties for subsequent DUI convictions increase with each finding of guilt. Anyone convicted of a 4^th DUI in Tennessee will face the following consequences:

• The driver will have a Class E felony on their record.
• Th driver will be required to spend at least 150 consecutive days in jail.
• The driver can be imprisoned for one to six years.
• The mandatory fine will be at least $3,000. It can be as high as $15,000.
• The driver’s license will be revoked for eight years though a restricted license (which allows the operator to drive to work) may be available.
• The driver’s car may be seized.
• The driver will almost certainly be required to complete an alcohol and drug treatment program.
• An ignition interlock device must be installed on the driver’s vehicles.

IID devices test the driver’s alcohol level. If the level is too high, the vehicle won’t start. If a driver has two convictions in the prior five years, the driver will need to use the device for at least six months after their license is reinstated.

Penalties for a DUI conviction where a minor is a passenger

Drivers are responsible for their passengers. This is especially true when the child is a minor. The penalties for a DUI increase as follows if the driver endangers a child:

• A child passenger is under 18. If a driver is convicted of a DUI and a passenger was under 18, then 30 days will be added onto the driver’s sentence.
• A child passenger under 18 is injured. If the underage child suffered a seriously bodily injury due to the DUI, then the charge will be increased to a Class D felony. The penalties for a conviction will be the same as if the driver was found guilty of a vehicular assault. The driver may be sentenced to between 2 and 12 years. He/she won’t be able to use a restricted license. Additional penalties may apply.
• The passenger is less than 18 and dies due to the DUI. If the underage child was killed because of the DUI, the driver will be charged with a Class B felony. The punishment will be the same as if the driver was found guilty of vehicular homicide involving intoxication. Jail time will be between 8 and 30 years. Other penalties such as a longer license revocation period may apply.

Recent Tennessee law increased the penalties for sixth conviction. A 6^th DUI means the driver will be charged with a Class C felony.

There are often defenses to a DUI charge. The experienced Sevierville DUI defenses attorneys at Delius & McKenzie, PLLC will challenge the grounds for giving you a breath or blood alcohol test. We may challenge the test results. Your rights may have been violated To speak with a respected DUI defense lawyer, please call us at (865) 428-8780 or complete our contact form. Our lawyers fight for the accused in Sevierville, Seymour, Gatlinburg, and Pigeon Forge.