How Long Does a DUI Stay on My Record in Tennessee?

There are many reasons why you should think twice before getting behind the wheel while under the influence of drugs or alcohol. But if not anything else, you must understand that this may lead to a DUI conviction disclosed on your driving record. Read on to discover how long a DUI conviction will have to stay on your record and how one of the seasoned Montgomery County criminal defense lawyers at Fendley and Etson can help prevent such a conviction against you from seeing the light of day.

What are the consequences of a DUI in Tennessee?

In Tennessee, the consequences of a DUI conviction can be severe and vary depending on the number of offenses, the circumstances surrounding the arrest, and the driver’s blood alcohol content (BAC) at the time of the offense. Below are the penalties associated with different DUI charges:

First DUI Offense

• Jail time ranging from 48 hours to 11 months and 29 days. If the driver’s BAC is 0.20% or higher, there is a mandatory minimum jail time of 7 days.
• Fines ranging from $350 to $1,500.
• A driver’s license suspension for one year.
• Mandatory participation in a DUI education program.
• Installation of an ignition interlock device (IID) at the driver’s expense for vehicles they operate.

Second DUI Offense

• Jail time ranging from 45 days to 11 months and 29 days.
• Fines ranging from $600 to $3,500.
• A driver’s license suspension for two years, with no restricted license available for at least one year.
• Installation of an IID for the entire period of restricted driving privileges.
• Vehicle seizure or forfeiture may be ordered.

Third DUI Offense

• Jail time ranging from 120 days to 11 months and 29 days.
• Fines ranging from $1,100 to $10,000.
• A driver’s license suspension for six years.
• Mandatory installation of an IID for a period determined by the court upon license reinstatement.
• Vehicle forfeiture is a possibility.

Fourth or Subsequent DUI Offense (Felony DUI)

• Classified as a Class E felony.
• Jail time ranging from one year (with a mandatory minimum of 150 days) to up to six years.
• Fines ranging from $3,000 to $15,000.
• A driver’s license suspension for eight years, with no restricted license available during this period.
• Potential vehicle forfeiture.

Aggravated DUI (DUI Involving Injury or Death)

• Vehicular Assault: If a DUI results in serious injury, it is charged as a Class D felony with penalties including 2 to 12 years in prison, fines up to $5,000, and a minimum one-year license revocation.
• Vehicular Homicide: If a DUI results in a fatality, it is charged as a Class B felony with penalties including 8 to 30 years in prison and fines up to $25,000.
• Aggravated Vehicular Homicide: If the driver has two or more prior DUI convictions or a prior vehicular homicide conviction, it is charged as a Class A felony, punishable by 15 to 60 years in prison.

How long does a DUI conviction have to stay on my record in TN?

Unfortunately, if you are charged with a DUI in the state of Tennessee, this charge will stay on your driving record for the rest of your life. This statute holds regardless of whether this is your first, second, or third offense or any consecutive offense after that.

The reality of having a DUI conviction on your permanent driving record is that it may have seriously negative implications on many other aspects of your life. These namely activities require a background check. To name a few examples, it may diminish your opportunities for future employment, housing, bank loans, and insurance plans.

Under what circumstances can I get a DUI expunged from my record?

While it may not be possible to get your DUI conviction expunged (i.e., removed entirely) from your driving record, the state of Tennessee may allow for non-conviction record sealing. Essentially, non-conviction record sealing means that there is no way an individual can view the contents of your record without being granted permission via a court order. Of note, this may only be made available to you in any of the following scenarios:

• You were arrested for a DUI but not charged.
• Your DUI charge was dismissed.
• You were found to be not guilty of a DUI charge.

Of note, the scenarios mentioned above may be achieved if you can successfully reduce your DUI charge to a reckless driving charge. This may be done if you and your lawyer can build a defense that proves the following arguments as accurate:

• You have no history of criminal or traffic offenses, especially with DUI offenses.
• Your blood-alcohol content level was less than the legal limit of 0.08 percent at the time of your traffic stop.
• You did not show signs of being under the influence of drugs or alcohol at the time of your traffic stop.
• You were not asked to submit a breathalyzer test during your traffic stop.
• You were not read your Miranda rights during your traffic stop.

Contact Fendley & Etson Today

You must not stand idly by when you are being accused of a DUI. Instead, you must take immediate action and retain the services of one of the competent Stewart County criminal defense lawyers. Contact Fendley and Etson today.