What Is the Jail Time for a Third DUI?

If this is your third time in a row being accused of driving under the influence (DUI) of drugs or alcohol, the Tennessee criminal court may be led to believe that you have a serious, chronic substance abuse issue. With this, they may place extensive penalties against you in a final effort to get you to learn your lesson. Specifically, this may entail a harsh sentence in jail. Follow along to find out the potential jail time you may face for a third or subsequent DUI and how one of the proficient Clarksville DUI lawyers at Fendley and Etson can help you curb this.

What is the potential jail time for a third or subsequent DUI in Tennessee?

In short, for a third or subsequent DUI in the state of Tennessee, you may be sentenced to a minimum of 120 days in jail and a maximum of 11 months and 29 days. With this, completing a court-ordered substance abuse program may count as credits toward your total jail time. However, this is so long as the court gives the okay beforehand.

Further, you may have a chance to serve the remainder of your sentence on probation after you spend the minimum amount of time in jail (i.e., 120 days). During this time, you may have to wear an alcohol-monitoring ankle bracelet. And, again, this may be all at the court’s discretion.

With all that being said, you should know that your third DUI may not necessarily be charged as a third offense DUI. That is, this is only if your three offenses were committed within 10 years of one another. Any longer than that, your minimum jail sentence is set at 45 days. However, the maximum is still set at 11 months and 29 days.

What factors influence the amount of jail time you may serve?

You may believe there to be a drastic range between the minimum and maximum jail times for a third offense DUI in the state of Tennessee, and rightfully so. Yet, the court must look at all the factors contributing to your DUI incident before making their final order. Such factors may include, but may not be limited to, the following:

• Whether you had a blood-alcohol content level of 0.20 percent or higher at the time of your traffic stop.
• Whether you were under the legal drinking age of 21 at the time of your traffic stop.
• Whether you had a child present in your vehicle at the time of your traffic stop.
• Whether you brought on great injury or even death to the involved driver(s) in your DUI accident.
• Whether this is technically your fourth or subsequent DUI offense within your criminal history.
• Whether you also have a criminal history with offenses that are not DUI-related.

In conclusion, one of the talented Montgomery County criminal defense lawyers can help kickstart your legal action today. Our team at Fendley and Etson will happily take on your case.