Will I Go to Jail for a Second or Third DUI in Nashville?
If you are operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or greater, then you will be found driving under the influence in Tennessee. Driving under the influence, or a DUI conviction, is punished severely, including jail time, fines, and license suspension. While the first DUI comes with 48 hours of mandatory jail time, a second or third DUI also includes mandatory imprisonment, along with other potential punishments.
At Andrew C. Beasley, PLLC, our Nashville DUI lawyers are dedicated to helping individuals facing DUI allegations obtain the best case resolution. If you or a family member has been charged with a DUI, our legal team is available to protect your rights.
Penalties for a Second DUI
If you have been charged with a second DUI in Nashville, Tennessee, you may face a mandatory minimum of 45 days, with the potential for 11 months, 29 days in jail. Additionally, you may be fined between $600 and $3,500. License revocation is for two years, with your vehicle possibly being seized or forfeited. Additionally, you may be required to attend an alcohol and drug treatment program. Second DUI offenders will have to install an ignition interlock device in their vehicle, requiring them to breathe into the device to start their car. If anyone was injured or suffered a personal loss due to your inebriation, you may be ordered by the court to pay restitution.
As you can see, there is a mandatory minimum of 45 days in jail for defendants who are found guilty of a second DUI. However, this mandatory minimum sentence can increase if your BAC is 0.15% or higher, potentially resulting in a felony charge. In addition to imprisonment, you may be placed on probation, requiring that you have periodic check-ins with a probation officer and that you abide by certain conditions.
Penalties for a Third DUI
A third DUI conviction will result in a mandatory minimum of 120 days in prison, with the potential for 11 months, 29 days in jail. Mandatory fines will range from $1,100 to $10,000. Third-time DUI offenders in Tennessee are subject to a six-year license revocation, with their vehicle being subject to seizure or forfeiture. The court often orders third-time offenders to attend an alcohol and drug treatment program. Additionally, you will be required to install an ignition interlock device in your vehicle. As in a second DUI conviction, any aggravating circumstances may result in increased jail time.
Why You Need Legal Representation for a DUI in Nashville
If you have been arrested or charged for a DUI, you need an attorney who will question the validity of any blood chemistry or breathalyzer tests. Breathalyzer tests are notorious for administering false positives, when the person may be completely sober but have a medical condition that skews the results. In addition to challenging this evidence, a Nashville DUI lawyer will evaluate whether the arresting police officer violated your rights.
If this did occur, then our defense team will examine if any evidence was obtained due to that violation, moving the court to discard it, even though law enforcement and prosecutors may try to cut corners. At Andrew C. Beasley, PLLC, we know what tactics to watch out for to protect your rights.
Speak with a Nashville DUI Attorney Today
A DUI charge can be anxiety-provoking, making you unsure of what to expect next. While many DUI charges are groundless, based on weak evidence as a ploy to place a prior offender behind bars, you cannot assume that the allegations against you will simply go away. If you or a loved one has recently been accused of a DUI, the Nashville DUI lawyers at Andrew C. Beasley, PLLC, are ready to safeguard your interests. To learn more about our process, do not hesitate to contact us online or by phone at (615) 846-9889 to schedule your free consultation.