Like any state, Tennessee takes DUIs incredibly seriously. A DUI (Driving Under the Influence) refers to the crime of driving a car while impaired by drugs and/or alcohol. Also referred to as a DWI (Driving While Intoxicated), the offense includes driving while being affected by any type of alcohol, marijuana, controlled substance, or any drug that impacts your ability to safely and coherently operate a vehicle. A crime like this can result in irreparable tragedy and damages. That is why it is treated with such severe punishment, even for a first-time offender. A second offense DUI, however, will yield much harsher consequences, including jail time. If you need representation in a DUI case, reach out to a Memphis DUI defense lawyer who can skillfully analyze the details of your case.
How long will I go to jail for a second DUI in Tennessee?
After receiving a second DUI, you are considered a repeat offender, meaning your punishment will be more severe than the first time around. The specifics of your sentencing and punishment will vary depending on your case. For a second DUI conviction in Tennessee, you can expect:
- A jail sentence of at least 45 days, potentially as long as 11 months and 29 days
- Fines totaling between $600 and $3,500
- License suspension of 2 years
- Mandatory participation in an alcohol or drug treatment program
How Long Will My Sentence Be?
Every case is different, so there is no way to generalize how long your individual sentence will be. In Tennessee, a second-time offender will serve at least 45 days in jail but the judge may decide to extend your sentence as long as nearly a year. Several factors can influence the length of your incarceration. Those factors may include:
- Your BAC (Blood Alcohol Content)
- Your BAC level at the time of arrest will affect the judge’s verdict. The higher the BAC the more stringent the sentencing will probably be.
- If there were passengers in the car
- Endangering other people’s lives is one of the reasons a DUI is such a serious crime. In Tennessee, if you were driving while intoxicated with a passenger under the age of 18, your minimum sentence may be increased by 30 days.
- Participation in testing
- If you refused a blood test, breath test, chemical testing, or any relevant test asked of you it could result in an increased sentence.
- If an accident occurred
- If your drunk driving resulted in an accident that caused property damage, injury, or death, your punishment will likely be more severe.
- How fast you were driving
- If you were driving at reckless speeds it may be a contributing factor in a harsher sentencing.
For your second DUI conviction, you will spend at least 45 days in jail. The specifics of your case may result in a longer sentence or they may cause the court to be more lenient with your charges. It is impossible to guess, so do not hesitate to acquire the services of an experienced Memphis DUI attorney.
