Felony DUI in Tennessee

What constitutes a Felony DUI in our state, and how is it different from a misdemeanor DUI in Tennessee?

In Tennessee, a Felony DUI is a Driving Under the Influence (DUI) charge that is elevated to a felony, due to the severity of the circumstances. Generally, you can face a Felony DUI if you have had three or more prior DUI convictions, or if your blood alcohol concentration (BAC) was 0.20% or above at the time of your arrest. Other aggravating factors that can lead to a Felony DUI include causing an injury or death while driving under the influence, committing a DUI in a construction zone, or having a passenger under the age of 16 in your vehicle.

A misdemeanor DUI in Tennessee is typically given to first-time offenders, or for those who do not meet the criteria for a Felony DUI. A misdemeanor DUI usually carries a much lighter penalty than a Felony DUI, including a fine, probation, license suspension, and/or jail time. Additionally, misdemeanor DUIs are usually eligible for expungment after completion of all sentencing requirements.

Are there specific criteria or aggravating factors that elevate a DUI to a felony in Tennessee?

Yes. A DUI can be considered a felony in Tennessee if the driver is found to have a high BAC (blood alcohol content) of 0.20 or more, or if the driver has four or more prior DUI convictions within the last ten years. Aggravating factors such as child endangerment, vehicular assault, or property damage can also result in a DUI being classified as a felony.

How many prior DUI convictions are necessary for a DUI to be considered a felony in Tennessee?

In Tennessee, a DUI can be considered a felony if a person has two or more prior DUI convictions within 10 years of the current offense.

What are some common aggravating factors that can lead to a Felony DUI charge in Tennessee?

1. Driving with a Blood Alcohol Content (BAC) of .08% or higher.
2. Transporting a minor at the time of the offense.
3. Causing an accident that results in serious bodily injury or death.
4. Having prior DUI convictions within the past 10 years.
5. Refusal to submit to chemical testing.
6. Possession of an open container of alcohol in the vehicle.
7. Operating a commercial vehicle while impaired.

What are the potential penalties and consequences of a Felony DUI conviction in Tennessee?

The potential penalties and consequences of a Felony DUI conviction in Tennessee can vary depending on the case, but include:

1. Jail time of up to 11 months and 29 days.

2. Fines ranging from $350 to $15,000.

3. Suspension of driving privileges for up to six years.

4. Probation for up to two years.

5. Possible installation of an ignition interlock device on your vehicle.

6. Possible community service hours.

7. Possible alcohol and drug abuse treatment program.

8. Statutory requirement to attend a DUI education course or an alcohol and drug awareness class.

Is there a mandatory minimum sentence for Felony DUI convictions in Tennessee?

Yes, Tennessee has a mandatory minimum sentence for felony DUI convictions. The minimum sentence is 3 years in prison and a $10,000 fine. In addition, the court may require the offender to serve supervised probation and complete an alcohol treatment program.

How do prior DUI convictions from other states impact Felony DUI charges in Tennessee?

Prior DUI convictions from other states can increase the severity of a Felony DUI charge in Tennessee. The state of Tennessee considers any previous DUI convictions in other states, as well as any violations of Tennessee DUI law, when determining potential punishments for a felony DUI charge. Depending on prior offenses, an individual could be subject to enhanced penalties such as an increase in fines, longer jail sentences, and a longer license suspension.

Can a Felony DUI result from DUI-related accidents causing injury or death in Tennessee?

Yes, it is possible for a felony DUI to result from DUI-related accidents causing injury or death in Tennessee. Depending on the circumstances, the DUI can be charged as a Class C felony, Class B felony, or Class A felony. Felony DUIs carry stiffer penalties and can result in significant jail time and hefty fines.

Are there distinctions in penalties between Felony DUI and DUI involving drugs in Tennessee?

Yes, in Tennessee there are distinctions in penalties between Felony DUI and DUI involving drugs. DWI involving drugs, such as marijuana, cocaine, or prescription drugs, is considered a Class A misdemeanor in Tennessee. This carries a fine of up to $2,500 and/or imprisonment for up to 11 months and 29 days. Felony DUI is considered a Class E felony and carries a fine of up to $3,000 and/or imprisonment for up to six years.

Do commercial driver’s license (CDL) holders face unique consequences for Felony DUI in Tennessee?

Yes, CDL holders in Tennessee face unique consequences for Felony DUI, in addition to the standard consequences that all drivers face. First, CDL holders convicted of a felony DUI are automatically disqualified from operating a commercial motor vehicle for life. They are also not eligible for reinstatement of their CDL for at least 10 years after the date of conviction. Additionally, CDL holders may face additional criminal penalties such as increased fines and jail time due to their occupation.

What is the role of ignition interlock devices (IIDs) in Felony DUI cases in Tennessee?

In Tennessee, the use of an ignition interlock device (IID) is mandatory in all felony DUI cases. An IID is a device that is connected to a vehicle’s ignition system and requires the driver to pass a breathalyzer test before the vehicle will start. If the driver fails the breathalyzer test, the vehicle will not start. This helps to ensure that any person convicted of a felony DUI in Tennessee does not operate their vehicle while under the influence of alcohol.

Is there a possibility for plea bargains or reduced charges in Felony DUI cases in Tennessee?

Yes, plea bargains or reduced charges are possible in felony DUI cases in Tennessee. Depending on the severity of the case, a plea bargain may reduce the charge to a misdemeanor and often result in a lighter sentence. However, it is ultimately up to the judge to decide if a plea bargain is appropriate.

Can individuals with Felony DUI convictions regain their driving privileges in Tennessee?

Yes, individuals with felony DUI convictions can regain their driving privileges in Tennessee. After the completion of a court-ordered suspension, individuals must apply for a restricted license at the local Driver Services Center. The fee for the application is $65 and a reinstatement fee of $100 is also required. In order to obtain a restricted license, individuals must also show proof of insurance, and may be subject to additional fees or requirements such as attending a drug and alcohol awareness class or installing an ignition interlock device on their vehicle.

How does a Felony DUI affect employment opportunities and background checks in Tennessee?

A felony DUI can have a significant impact on an individual’s employment opportunities and background checks in Tennessee. A felony DUI conviction can result in the individual being denied certain occupational licenses, denied employment opportunities, or denied certain housing opportunities. Depending on the severity of the crime, a felony DUI charge can remain on an individual’s criminal record for up to five years or more. This conviction will show up on most background checks, and can have a significant negative impact on an individual’s employment prospects.

Are there diversion programs or rehabilitation options for Felony DUI offenders in Tennessee?

Yes, there are diversion programs and rehabilitation options for felony DUI offenders in Tennessee. Depending on the severity of the DUI offense, the offender may be eligible for a drug or alcohol addiction treatment program, anger management classes, or a combination of both. Additionally, some offenders may be eligible for deferred prosecution in which they are put on a period of probation with certain conditions that must be met before their charges are dismissed. If an offender successfully completes these conditions they may be able to avoid a felony conviction.

What rights and legal options do individuals charged with Felony DUI have in Tennessee?

Individuals charged with a felony DUI in Tennessee have several rights and legal options available to them.

First, they have the right to remain silent and to not answer any questions posed by law enforcement officers or prosecutors. This is known as the right to “plead the fifth”.

Second, they have the right to hire an attorney to represent them in court. An experienced DUI lawyer can help ensure that their rights are protected and provide them with valuable legal advice throughout the process.

Third, depending on the circumstances, they may be eligible for a diversion program or a plea agreement. A diversion program may allow them to avoid jail time and have their charges dismissed if they successfully complete certain conditions such as substance abuse counseling or community service hours. A plea agreement may reduce the charges they face or the penalty that is imposed if they plead guilty.

Finally, they have the right to a jury trial in which they can present evidence and challenge any of the prosecution’s evidence. A conviction must be proven beyond a reasonable doubt before a guilty verdict can be handed down.

It is important for anyone charged with a felony DUI in Tennessee to consult with an experienced criminal defense attorney as soon as possible to discuss their legal options and ensure that their rights are protected throughout the legal process.

Can a Felony DUI conviction impact child custody and visitation rights in Tennessee?

Yes, a felony DUI conviction may impact child custody and visitation rights in Tennessee. A felony DUI conviction can lead to a parent losing the right to custody and visitation, or having those rights limited. Tennessee courts may also require that a parent with a felony DUI conviction attend parenting classes or alcohol treatment programs as part of a custody or visitation agreement.

Is there a statute of limitations for prosecuting Felony DUI cases in Tennessee?

Yes, there is. Felony DUI cases in Tennessee must be prosecuted within five years of the date of the offense.

How does our state handle out-of-state DUI convictions in relation to Felony DUI charges in Tennessee?

In Tennessee, out-of-state DUI convictions are treated the same as those occurring in the state. If the DUI occurred in another state, the conviction can be used to elevate a subsequent DUI charge to a felony charge if certain conditions are met. Specifically, if the individual has two or more DUI convictions within a ten-year period, regardless of where they occurred, then the subsequent DUI charge can be charged as a felony.

What resources or organizations provide support and guidance for individuals facing Felony DUI charges in Tennessee?

1. Mothers Against Drunk Driving (MADD) Tennessee: MADD Tennessee provides emotional support and resources to victims and those accused of driving under the influence in the state of Tennessee. They provide crisis intervention services, legal advice, education and prevention services, and more.

2. Tennessee DUI Association: The Tennessee DUI Association is a non-profit organization that is dedicated to providing assistance to those facing DUI charges in the state of Tennessee. They offer resources such as legal advice, education programs, and support groups to help individuals facing DUI charges.

3. Tennessee Felony DUI Defense: This organization provides legal advice and resources for those charged with felony DUI charges in the state of Tennessee. They also provide educational seminars and informational resources to help individuals understand their rights and the law.

4. Tennessee Bar Association: The Tennessee Bar Association provides legal resources for those facing felony DUI charges in the state of Tennessee. It is a great source of information for those looking to understand their rights and represent themselves in court.

5. National College for DUI Defense: This college offers educational programs specifically for attorneys defending individuals facing felony DUI charges in the state of Tennessee. It is a great resource for those looking to understand their rights and how to effectively defend their case in court.