Getting one DUI in Tennessee is bad enough—but when you’re facing multiple DUI charges, the stakes rise quickly. Tennessee’s laws are tough on repeat offenders, with escalating penalties that can lead to long-term jail time, higher fines, and the loss of your driving privileges for years. This guide will show you how to navigate the legal complexities of multiple DUIs and why having a DUI lawyer on your side is your best bet at a positive outcome.
Tennessee's DUI Laws and Penalties
In Tennessee, driving under the influence is defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for most drivers. For CDL drivers operating a commercial vehicle, the BAC limit drops to 0.04%, and for drivers under 21, the threshold is 0.02%. It’s worth noting that DUI laws in Tennessee don’t just apply to alcohol—drugs, whether prescription, over-the-counter, or illegal, can also result in a DUI charge if they impair your ability to drive safely.
Even a first-time DUI is a serious offense in Tennessee, carrying penalties such as fines, jail time, and license suspension. However, as someone accumulates DUI convictions, the penalties increase significantly, making it critical to understand how these laws affect repeat offenders.
How Multiple DUI Offenses Are Categorized in Tennessee
Tennessee takes a strict stance on DUIs and regards consecutive DUI offenses with greater scrutiny. After a second or third conviction, drivers can lose their license for years, be subject to lengthy, consecutive jail sentences, or even have their vehicle seized.
The state operates on a 10-year “lookback period”, meaning that any DUI convictions within the past 10 years will be used to enhance penalties for subsequent offenses. If you’re charged with a second DUI within this period, you will be treated as a repeat offender, facing significantly higher consequences. However, that “lookback period” can be extended for an additional 10-years from your most recent DUI conviction, for a total lookback of up to nearly twenty (20) years. For example, if you were arrested on October 15, 2024, but had a DUI conviction on October 15, 2016, then the State can go back an additional ten (10) years from October 15, 2016 to enhance your DUI further from any additional convictions. Additionally, if you have had two DUI convictions within a five year period, an ignition interlock device will be required for six months after your license is reinstated at your expense.
Penalties for Multiple DUI Convictions in Tennessee
Here’s a breakdown on some of the escalating penalties for multiple DUI offenses in Tennessee:
Second DUI Offense
- Classification: Class A misdemeanor.
- Jail Time: Minimum 45 days, up to 11 months, 29 days.
- Fines: $600 to $3,500.
- License Revocation: 2 years.
Third DUI Offense
- Classification: Class A misdemeanor.
- Jail Time: Minimum 120 days, up to 11 months, 29 days.
- Fines: $1,100 to $10,000.
- License Revocation: 6 years.
Fourth and Subsequent DUI Offenses (Felony DUI)
- Classification: Class E felony.
- Jail Time: 1 year, with a minimum of 150 consecutive days served.
- Fines: $3,000 to $15,000.
- License Revocation: 8 years.
Additional DUI Charges: What Happens If You Get Arrested For DUI Again?
Facing a second DUI charge while your first case is still pending can escalate your legal troubles significantly. You may be taken back into custody, with your bond revoked or increased, and your driver’s license could face immediate suspension. Judges often view this as a pattern of dangerous behavior, which can lead to harsher penalties, including longer jail time and stricter terms in plea negotiations. This situation demands immediate legal action to reduce the compounded consequences of multiple DUI charges.
Other Aggravating Factors for DUI Offenses in Tennessee
Certain factors can make a DUI charge in Tennessee even more serious, leading to enhanced penalties beyond what is typical for a standard DUI conviction:
DUI with a Child
If you are caught driving under the influence with a child passenger under the age of 18, the penalties are significantly heightened. You may face additional jail time, higher fines, and possibly child endangerment charges, which could lead to even more severe penalties than a standard DUI conviction. A child in the vehicle automatically increases the mandatory jail time to 32 days, or an additional 30 days.
DUI Resulting in Injury or Death
When a DUI involves an accident that causes injury or death, the charges can escalate dramatically. In such cases, you could be charged with vehicular assault or vehicular homicide. These charges carry much longer prison sentences, ranging from several years for injury to potentially decades for causing a fatality. These charges are felonies, which also come with permanent consequences like the loss of certain rights and a criminal record that can affect your future.
Vehicular assault is a Class D felony, punishable by 2-4 years whereas a vehicular homicide is a Class B felony, punishable by 8-12 years for someone with no criminal history.
High BAC Levels (0.15% or Higher)
In Tennessee, having a BAC of 0.15% or higher comes with enhanced penalties. Offenders with such a high BAC face a mandatory minimum jail sentence of seven (7) consecutive days, in addition to the standard DUI penalties. This elevated punishment reflects the increased danger posed by drivers with significantly higher alcohol levels in their system. Courts view a high BAC as an aggravating factor, which can lead to stricter consequences, including longer jail time and harsher fines.
Long-Term Consequences of Multiple DUI Convictions
The effects of multiple DUI convictions go far beyond the immediate legal penalties. These long-term consequences can follow you for years, impacting your personal and professional life in significant ways:
Increased Insurance Costs
DUI convictions will also lead to significantly higher car insurance premiums, if you’re able to obtain insurance at all. You will be required to file an SR-22 form, proving that you carry high-risk insurance, which usually comes at an exorbitant cost.
Employment and Career Challenges
A criminal record with multiple DUI convictions can make it difficult to find employment, especially in industries that require driving or security clearances. Employers may hesitate to hire individuals with felony convictions, and certain professions may even revoke licenses or certifications, further limiting your career options.
Personal and Social Consequences
Beyond the legal and financial repercussions, multiple DUIs can carry social stigma. You may face judgment from friends, family, and your community, which can strain personal relationships and harm your reputation. Felony DUI convictions can also limit your civil rights, such as your ability to vote or own a firearm.
Defending Against Multiple DUI Charges
Facing multiple DUI charges in Tennessee is a serious, life-altering situation that demands expert legal guidance. Each additional DUI conviction increases the severity of the penalties—escalating jail time, higher fines, and longer license suspensions. Without a robust defense, the possibility of facing maximum sentencing is a real risk, making it essential to hire an experienced DUI attorney who understands the intricacies of Tennessee’s DUI laws and how to challenge the prosecution’s case effectively.
Building a Strong Defense
An experienced DUI attorney will meticulously review every aspect of your case to build a strong defense. Here are some of the key elements they can investigate:
- Challenging the Traffic Stop: Police officers must have a valid reason, known as probable cause, to pull you over. An attorney will scrutinize the circumstances of your stop to determine if it was lawful. If it wasn’t, the evidence collected—like field sobriety tests or BAC results—could be deemed inadmissible.
- Questioning Field Sobriety Tests: Field sobriety tests are subjective and often unreliable. Your attorney will challenge the validity of these tests by examining whether they were administered properly, if the conditions (like weather or uneven terrain) impacted your performance, and if the officer’s judgment may have been biased or flawed.
- Examining Police Procedure: DUI cases require strict adherence to legal protocols. If the arresting officer violated your rights—such as failing to provide a proper Miranda warning or unlawfully searching your vehicle—this could lead to evidence being suppressed or even your case being dismissed.
Strategic Legal Approaches
For individuals facing multiple DUI charges, a comprehensive legal strategy is essential. Here are some approaches an experienced attorney may use:
- Negotiating Reduced Charges: In many cases, a DUI attorney can negotiate with prosecutors to reduce charges, especially if they can demonstrate weaknesses in the prosecution’s evidence. For example, if the attorney can challenge the validity of the BAC test or the validity of the traffic stop, the prosecution may be more willing to agree to lesser charges or penalties. The State can always agree to a reduction from a DUI 2nd to a DUI 1st for example, or charges such as reckless driving or reckless endangerment.
- Seeking Alternative Sentencing: Multiple DUI convictions typically result in jail time, but an attorney may explore alternative sentencing options, such as entering a treatment program, and potentially the DUI Education Center or Temperance Academy which is a “DUI hotel” or a private facility in lieu of jail. Judges are more likely to consider alternatives if your attorney can demonstrate a commitment to rehabilitation or mitigating circumstances.
- Handling Multiple Cases Simultaneously: If you’re dealing with more than one pending DUI charge, managing both cases simultaneously can be legally complex. A skilled DUI attorney will coordinate these cases to ensure they don’t interfere with each other and may attempt to negotiate plea deals that address both charges together, which could result in more lenient overall sentencing.
Without experienced legal representation, you could face the full force of Tennessee’s harsh penalties for repeat DUI offenders, which can include years of license revocation, mandatory installation of ignition interlock devices (IID), significant fines, and extended jail sentences. A skilled DUI attorney knows how to work within the system to protect your rights, minimize penalties, and, in some cases, prevent a conviction altogether.
Our Knoxville DUI Lawyers Are Ready To Help
Facing multiple DUI charges in Tennessee can be an overwhelming experience, with penalties that can follow you for years. From lengthy jail sentences, exorbitant fines, increased insurance costs, to a permanent criminal record and loss of driving privileges, the stakes are incredibly high. But you don’t have to face this legal battle alone.
At Barnes & Fersten, we’ve helped many clients secure positive outcomes in their DUI cases. We understand the complexities of the legal system and gravity of your situation. Our experienced DUI defense lawyers will be your dedicated advocates in court, investigating every element of your case and challenging every aspect of the prosecution to ensure your side of the story is heard. From analyzing the legality of the traffic stop to questioning the validity of the field sobriety tests and BAC results, our attorneys will leave no stone unturned. Our goal is to reduce your penalties, explore alternative sentencing options, or even get your charges dismissed.
Don’t delay—call us at 865-805-5703 or fill out our contact form for a free consultation today. The sooner you call, the sooner we can build your defense and protect your future.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
