Facing DUI or BUI Charges in Middle Tennessee? Why You Need an Attorney Now.

Being charged with a DUI (Driving Under the Influence) or BUI (Boating Under the Influence) in Middle Tennessee can be an overwhelming and frightening experience. The legal ramifications are serious, potentially leading to jail time, hefty fines, license suspension, and a permanent mark on your record. If you find yourself in this situation, the most crucial step you can take is to contact an experienced DUI attorney like Ryan Terrell.

Mr. Terrell understands the complexities of Tennessee's DUI and BUI laws and is dedicated to providing aggressive and knowledgeable defense to protect your rights and future.

Understanding DUI in Tennessee: Tennessee Code Ann. § 55-10-401

In Tennessee, a DUI charge falls under Tennessee Code Ann. § 55-10-401. You can be charged with a DUI if you are operating or in physical control of a vehicle on a public road while under the influence of alcohol, drugs, or a combination of both. This includes having a blood alcohol concentration (BAC) of 0.08% or greater. For commercial drivers, the limit is 0.04%, and for drivers under 21, it's a "zero tolerance" policy with a limit of 0.02%.

Penalties for DUI in Tennessee:

The penalties for a DUI conviction in Tennessee are severe and increase with each subsequent offense.

First Offense DUI (Class A Misdemeanor):

• Jail Time: Mandatory minimum of 48 hours, up to 11 months and 29 days. If your BAC is 0.20% or higher, the minimum jail time increases to 7 consecutive days.
• Fines: $350 to $1,500.
• License Revocation: 1 year.
• DUI School/Alcohol and Drug Treatment: Mandatory.
• Ignition Interlock Device (IID): Often required for at least 365 consecutive days or for the entire period of license revocation.
• Community Service/Litter Removal: May be ordered by the court.
• Permanent Record: A DUI conviction stays on your record permanently in Tennessee.

Understanding BUI in Tennessee

Similar to DUI, Boating Under the Influence (BUI) is a serious offense in Tennessee. You can be charged with a BUI if you are operating any vessel (including non-motorized vessels like kayaks) on public waters while under the influence of alcohol or drugs, or with a BAC of 0.08% or higher.

Penalties for BUI in Tennessee:

BUI penalties are also significant and mirror the escalating nature of DUI penalties.

First Offense BUI (Class A Misdemeanor):

• Jail Time: Up to 11 months and 29 days.
• Fines: $250 to $2,500.
• Boating License Suspension: Up to 1 year.

DUI Enhancement Factors: Subsequent Offenses

Tennessee law significantly increases penalties for repeat DUI offenders. These are often referred to as DUI enhancement factors:

Second Offense DUI:

• Jail Time: Mandatory minimum of 45 consecutive days, up to 11 months and 29 days.
• Fines: $600 to $3,500.
• License Revocation: 2 years.
• Mandatory Alcohol and Drug Treatment: Required.
• Ignition Interlock Device (IID): Mandatory with restricted license eligibility.

Third Offense DUI:

• Jail Time: Mandatory minimum of 120 consecutive days, up to 11 months and 29 days.
• Fines: $1,100 to $10,000.
• License Revocation: 6 years. No restricted license availability during this period.
• Vehicle Forfeiture: Possible.
• Mandatory Alcohol and Drug Treatment: Required.
• Ignition Interlock Device (IID): Mandatory upon license reinstatement.

Fourth or Subsequent Offense DUI (Felony Offense - Class E Felony):

• Jail Time: Mandatory minimum of 150 consecutive days, with a potential sentence of 1 to 6 years. For six or more DUIs, it becomes a Class C felony with 3 to 15 years.
• Fines: $3,000 to $15,000.
• License Revocation: 8 years.
• Mandatory Alcohol and Drug Treatment: Required.
• Ignition Interlock Device (IID): Mandatory.

Other enhancement factors that can increase the severity of your penalties, even for a first offense, include:

• Having a passenger under 18 years old in the vehicle.
• Causing an accident that results in injury or death.
• Driving with an extremely high BAC (e.g., 0.20% or higher).
• Refusal to submit to chemical testing (Implied Consent Law).

Why Retaining a Middle Tennessee DUI/BUI Attorney is Critical

The complexities of Tennessee's DUI and BUI laws, coupled with the severe penalties, make it imperative to have skilled legal representation. An experienced Middle Tennessee DUI lawyer can:

• Challenge the evidence: This could include questioning the legality of the traffic stop, the administration of field sobriety tests, or the accuracy of breath or blood tests.
• Identify constitutional violations: Ensuring your rights were not violated during the arrest or investigation.
• Negotiate with prosecutors: Potentially leading to reduced charges or alternative sentencing.
• Represent you in court: Providing a strong defense if your case goes to trial.
• Navigate the administrative process: Such as driver's license suspension hearings with the Department of Safety.

Don't face these serious charges alone. If you've been charged with a DUI or BUI in Middle Tennessee, including Nashville, Murfreesboro, Franklin, or the surrounding areas, contact Ryan Terrell Attorney at Law today for a consultation. Your future depends on it.