The offense of DUI (Driving Under the Influence) is a crime. DUI is committed when an individual operates a motor vehicle on any highway, street, alley way, shopping center complex or apartment building parking lot while under the influence of an intoxicant. Tennessee law states that one is presumed to be under the influence if they have a Blood Alcohol Content (BAC) of .10 or higher. For drivers who have had a prior DUI, they are presumed to be under the influence if they have a Blood Alcohol Content (BAC) of .08.

Despite the law, many drivers do not take personal responsibility for their actions. Many DUI drivers refuse breath tests or get their charges reduced to reckless driving. Others plead guilty, go to "DUI School", and continue to drink and drive. Claims against these drivers are a valuable addition to criminal prosecution, and send a message that drunk drivers will not get off lightly.

If you have been injured at the hands of an intoxicated driver, you should consult with an attorney who is specifically knowledgeable and active in this area of the law. You need to know and understand your rights under the law. Large and Associates are here to help you. Call now for a free consultation, 423-968-4969 or 540-926-5312. Get answers fast.

The Facts about Intoxicated Drivers:

• The economic cost of alcohol-involved crashes is approximately $45 Billion per year (based on 1994 figures).
• About 3 in every 10 Americans will be involved in an alcohol-related crash at some time in their lives.
• Every 33 minutes, someone is killed in an alcohol-related crash.
• About one-third of all DUI drivers are repeat offenders.
• DUI drivers have a greater risk of involvement in a fatal crash.
• Alcohol was involved in 38% of fatal crashes and 7% of all crashes in 1998.
• Over one-third of all deaths for people ages 15-20 years old, result from Motor Vehicle crashes (Vital Statistics Mortality Data-1997, CDC) In 1998, over one-third of these motor vehicle fatalities involved alcohol.
• The highest intoxication rates for drivers in fatal crashes in 1998 were recorded for drivers 21-24 years old (28%), followed by ages 25-34 year old (24%) and 35-44 year olds (21%).

Tennessee DUI Law:

DUI - 1st Offense:

Sentenced to a minimum of 48 hours in jail, fined a minimum of $350.00 with license suspension for one year.

DUI - 2nd Offense:

Sentenced to a minimum of 45 days in jail, fined a minimum of $600.00 with license suspension for two years. Also, your vehicle is subject to seizure under Tennessee Law.

DUI - 3rd Offense:

Sentenced to a minimum of 120 days in jail, fined a minimum of $1,100.00 with license suspension for three years.

The maximum punishment for any DUI conviction in the state of Tennessee at the current time is 11 months and 29 days in jail with a $10,000.00 fine. In 1998 the Tennessee Legislature passed more laws that affect people who are charged with offenses dealing with driving under the influence of an intoxicant or drug.

Tennessee DUI Law:

Driving While Impaired:

• It is against the law for a minor under the age of twenty-one to drive or be in control of a motor vehicle with a BAC of .02 as measured by breath or blood test.
• For individuals over twenty-one, the breath or blood level concentration limit (BAC), is set higher at .08 and .09.
• The first offense for driving under the influence makes you subject to a fine and will count as a DUI conviction for sentencing purposes if a person receives a subsequent DUI conviction. Second and third offense conviction of Driving While Impaired are sentenced as a second or third offense DUI.

Tennessee DUI Law:

DUI - 1st Offense:

Sentenced to a minimum of 48 hours in jail, fined a minimum of $350.00 with license suspension for one year.

DUI - 2nd Offense:

Sentenced to a minimum of 45 days in jail, fined a minimum of $600.00 with license suspension for two years. Also, your vehicle is subject to seizure under Tennessee Law.

DUI - 3rd Offense:

Sentenced to a minimum of 120 days in jail, fined a minimum of $1,100.00 with license suspension for three years.

The maximum punishment for any DUI conviction in the state of Tennessee at the current time is 11 months and 29 days in jail with a $10,000.00 fine. In 1998 the Tennessee Legislature passed more laws that affect people who are charged with offenses dealing with driving under the influence of an intoxicant or drug.

Virginia DUI Law:

Driving While Impaired:

• For individuals over twenty-one, the breath or blood level concentration limit (BAC), is set at .08.
• The first offense for driving under the influence makes you subject to a fine and will count as a DUI conviction for sentencing purposes if a person receives a subsequent DUI conviction. Second and third offense conviction of Driving While Impaired are sentenced as a second or third offense DUI.

New Federal Law Mandates:

On June 16, 2000 the U.S. Senate unanimously approved the Federal Transportation Appropriations Bill for FY 2001, which contains legislation requiring every state adopt a .08 BAC level as the legal limit for intoxication when operating a vehicle. States that fail to comply by 2004 will lose financial support from the highway trust fund. The Restaurant and Liquor Industries, along with groups concerned with the states' rights, have fought this measure as being overreaching and scientifically uncertain. An analysis by NHTSA of five states that lowered the BAC limit to .08 showed that significant decreases in alcohol-related fatal crashes occurred in four out of five states after the .08 law was adopted.

Notice:

Each case is different and different facts may yield a result you would never expect from reading this brief Web page. The information on this Web site cannot replace the careful consideration of personal factors and changes in the law, which may apply to your legal problem. While this information may help you, do not rely on it as the final answer to a legal question.