Driving Under the Influence :: Tennessee Criminal Lawyer Blog

An often overlooked question with regard to DUI discussion is what type of conduct actually constitutes a DUI. This is defined in Tennessee Code Annotated §55-10-401, which basically provides that it is unlawful to drive or “be in physical control of” a motor-driven vehicle on a public road, highway, alley, or street, or any other place that is frequented by the public while you are:

(1) Under the influence of an intoxicant, marijuana, narcotic, or drug producing a stimulating effect on the central nervous system, or

(2) The blood alcohol concentration (BAC) in your breath is eight hundredths of one percent (.08%) or more.

The penalties for violation of this statute are set out later in the Tennessee Code and generally become more severe as a defendant commits more DUI offenses. The punishment methods can vary depending on the circumstances and include jail time, fines, suspension and revocation of a driver’s license, and other forms of punishment such as community service.

Although DUI is commonly considered an alcohol-related offense, the statute makes clear that it applies to various different types of drugs and intoxicants, and non-alcoholic substances such as marijuana are becoming increasingly common as causes or contributors of driving under the influence. This statute may also seem a bit confusing because it says both that driving under the influence of alcohol (an intoxicant) is illegal and also that driving while your BAC is in excess of .08% (also driving under the influence of an intoxicant) is illegal. Seemingly, then, this statute has an extra provision that unnecessarily criminalizes the same conduct twice. The effect of the second provision in Tennessee, however, is to create a legal presumption that the person is under the influence of an intoxicant if he or she has a BAC above .08%, which may be critical to the state’s ability to prosecute that person for DUI if the police are not able to find or gather other evidence (possessing alcohol in the vehicle, failing field sobriety tests, slurred speech, etc) that shows that the driver was intoxicated.

Knowing what constitutes a DUI is only half of the battle. If you or a loved one has been charged with a DUI offense, contact an East Tennessee DUI attorney to discuss your charges and ways you can minimize your sentence or win your case.