Chattanooga, Tennessee, DWI / DUI Criminal Defense Lawyers STATE OF TENNESSEE DWI / DUI PENALTIESAS of JULY 1, 2003 | | 1st Offense DWI / DUI w/in 10 Years | 2nd Offense DWI / DUI.w/in 10 Years | 3rd Offense DWI / DUIw/in 10 Years | 4th Offense DWI / DUIw/in 10 Years | | Offense Class | Class A Misdemeanor | Class A Misdemeanor | Class A Misdemeanor | Class E Felony | | Minimum Jail Time | 48 hrs unless BAC .20% or greater, then 7 days | 45 days day-for-day at 100% | 120 days day-for-day at 100% | 150 days day-for-day at 100% | | Maximum Jail Time | 11 months-29 days | 11 months-29 days | 11 months-29 days | 6 years | | Fine-Min/Max | $450-$1,500 | $700-$3,500 | $1,200-$10,000 | $3,100-$15,000 | | License Revocation Period | 1 year | 2 years | 3-10 years | 5 years | | Restricted License | Yes | Yes * 4 | No | No | | Presumptive Blood Alcohol Level | 0.08% | 0.08% | 0.08% | 0.08% | | Probation Period | 11 months, 29 days | 11 months, 29 days | 11 months, 29 days | 1 to 6 yrs | | Alcohol School or Alcohol Assessment/Treatment | School | Assessment/Treatment | Assessment/Treatment | Assessment/Treatment | | Vehicle Subject to Seizure upon Arrest | No | Yes * 2 | Yes * 2 | Yes * 2 | | Jail Credit for Inpatient Treatment | None | Up to 28 days | None | None | | 1.) | For enhancement purposes, the time period could be greater than 10 years but in no event greater than 20 years. Out-of-State convictions may be used to enhance. | | 2.) | Vehicles used in commission of a subsequent DWI / DUI violation are subject to seizure upon arrest, but the triggering first offense conviction must have occurred on or after Jan.1, 1997, and the second or subsequent arrest within five years of the triggering conviction. | | 3.) | For the felony provisions to apply, at least one violation must have occurred after July 1, 1998. | | 4.) | A restricted license may be obtained after one year of the two year revocation period. However, SR-22 insurance and an ignition interlock device must be obtained. | | Law Offices of Johnny D. Houston, Jr. & Associates
707 Georgia Avenue, Suite 402
Chattanooga, TN 37402
Phone: (423) 933-1972
Toll Free: (888) 351-9893
Fax: (423) 267-9271
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