DUI: First Offense Penalties
Our previous blog entry concentrated primarily on what does and does not constitute a DUI. While it is essential for any defendant to know what qualifies as driving under the influence, it is also extremely important to be aware of what penalties a person may face should he or she be convicted of a DUI. Under Tennessee law, the penalties increase as a person garners more and more DUI convictions. This blog article focuses on the possible penalties for a person’s first DUI offense.
Under T.C.A. §55-10-403, a first DUI conviction carries a myriad of possible penalties. First, the offender can be subjected to a fine of no less than $350.00 and no more than $1,500.00. Second, the offender will be subjected to a one-year suspension of his or her driver’s license, during which he or she cannot operate a vehicle in the State of Tennessee. Third, the offender will be sentenced to no less than 48 hours and no more than eleven months and twenty-nine days in the county jail or workhouse according to T.C.A. §55-10-403(s). Under that same subsection of the statute, the offender will also be ordered to work on litter crews for a total of 24 hours. The statute also provides that if a person does not serve the maximum possible sentence in the county jail or workhouse, that he or she will have to serve the remainder of the sentence up to the maximum on probation. While the offender is on probation, the judge has the discretion to impose any conditions upon the probation that are reasonably related to the offense, but the judge must, according to the statute, order the offender to participate in an alcohol and drug safety DUI school or a drug offender school program (or both if available), a drug and alcohol assessment, or attend a victim impact panel if one is available in the county where the offense occurs.
It should be noted that the above-described penalties are some of the most notable penalties for a first DUI offense, but they are not an exhaustive list. Depending on the circumstances of the conviction, additional or different penalties may be imposed on the offender. An experienced criminal defense attorney will be able to guide a person with a first-time DUI offense through the criminal process and make sure that he or she is fully informed during each step of the process and work diligently to ensure that the defendant receives a fair sentence. Defendants in Anderson County, Union County, Hawkins County, and other East Tennessee counties should consult an East Tennessee DUI lawyer for assistance with their case.
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