What Is the Expected Jail Time for a DUI Offense?

Driving under the influence (DUI) of drugs or alcohol constitutes an unlawful act. So if you are found guilty of such, you can expect the Tennessee criminal judge to order you to spend some time away in jail. Well, with that being said, please read on to discover the expected jail time for a DUI offense and how one of the seasoned Clarksville DUI lawyers at Fendley and Birch can help minimize or eliminate this sentence with either a plea bargain or a not guilty verdict.

What is the expected jail time for a DUI offense in Tennessee?

If this is your first time committing a DUI offense in the state of Tennessee, the court may sentence you to up to 11 months and 29 years in jail. Of note, for this, there is a mandatory minimum jail time of 48 hours.

Your sentence may still be a maximum of 11 months and 29 days, even if this is your second time being found guilty of this crime within a 10-year timeframe. However, the minimum time you must spend in jail may be extended to 45 days.

Lastly, as for third-offense DUI, the imposed jail time may be a minimum of 120 days and a maximum of 11 months and 29 days. Of course, this may be imposed in addition to fines, a driver’s license suspension, a vehicle immobilization, seizure, or forfeiture, and mandatory attendance in an alcohol or drug treatment program.

What are the extenuating circumstances that may upgrade my penalties?

To reiterate, the mandatory minimum jail sentence for a first-offense DUI in the state of Tennessee is 48 hours. However, you must understand that this may be upgraded to a mandatory seven consecutive days of imprisonment if, at your traffic stop, your blood-alcohol content (BAC) level was detected at 0.20 percent or higher. For context, the legal limit is 0.08 percent.

Another extenuating circumstance that may upgrade your potential jail time is if you had a minor child under the age of 18 present in your vehicle at the time of your traffic stop. This may call for a mandatory minimum of 30 days in jail. The same may apply if you were driving through a designated school zone prior to your traffic stop.

What’s more, any subsequent offense after a third DUI within a three- or five-year period may carry a mandatory minimum of 150 days in jail. Plus, this may be considered a felony DUI, namely a Class E felony. This means also getting a prison sentence for anywhere between one to six years. Similarly, a DUI offense that results in the serious injury or death of an innocent party may constitute a Class B felony with eight to 30 years of imprisonment.

The first step toward preparing yourself for this legal action is to retain the services of one of the competent Montgomery County criminal defense lawyers. Look no further than Fendley and Birch.