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DUI
TENNESSEE CRIMINAL DEFENSE
Everyone Makes Mistakes
The Evans Law Firm Can Get You
Back On the Road Legally
Don’t Let One Mistake Define Your Future
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Even if you thought you knew your limit, everyone makes mistakes. In 2023 alone, more than 20,000 Tennesseans were arrested for driving under the influence. But, a single bad decision shouldn’t change the course of your life.
Sober Arrests
In recent years, Tennessee has been in hot water for the total number of people arrested for DUI with no alcohol or drugs in their system. Since 2017, the reported number of sober arrests is now 2,547. (2026 Sober DUI database).
While DUI arrests are common, the penalties are severe — and having the right attorney can make all the difference.
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Why You Need an Experienced DUI Defense Attorney
The consequences of a DUI conviction in Tennessee are serious — including potential jail time, steep fines, and loss of your driver’s license. A knowledgeable attorney can help you navigate Tennessee’s complex DUI process and fight for the best possible outcome — whether that means getting your charges reduced or dismissed altogether. At The Evans Law Firm, we offer free consultations to discuss your case and outline your legal options
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Understanding DUI Penalties in Tennessee​
The legal blood alcohol content (BAC) limit in Tennessee is 0.08%, and for some people, that can mean just one or two drinks. Penalties increase with the severity of the offense or with prior convictions, which makes early action critical. A BAC of over .15% can also result in even stiffer penalties.
Here’s a detailed breakdown of what you need to know:
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1. First Offense
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Jail Time: Minimum of 48 hours, up to 11 months and 29 days (7 consecutive days in jail if your BAC is over .15%.
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Fines: Ranging from $350 to $1,500.
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License Suspension: One year, with eligibility for a restricted license.
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Additional Consequences: Possible community service and attendance at an alcohol education program.
2. Second Offense
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Jail Time: Minimum of 45 days, with a chance of up to 11 months and 29 days.
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Fines: Ranging from $600 to $3,500.
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License Suspension: Two years, with eligibility for a restricted license after 45 days.
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Other Penalties: May include mandatory alcohol treatment programs and increased community service requirements.
3. Third Offense
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Jail Time: Minimum of 120 days, with potential for up to 11 months and 29 days.
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Fines: Up to $10,000.
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License Suspension: Six years, with limited options for a restricted license.
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Felony Charge: Classified as a Class E felony, which carries long-term implications for employment and civil rights.
4. Subsequent Offenses
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Fourth and Beyond: Each subsequent DUI can lead to severe penalties, including longer jail sentences, higher fines, and potential felony charges.
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Felony Consequences: May include harsher sentencing, loss of voting rights, and difficulties in securing employment or housing.
Factors Influencing Penalties
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Blood Alcohol Content (BAC): A BAC of 0.08% or higher qualifies for DUI, but higher levels can lead to enhanced penalties.
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Aggravating Factors: If you had minors in the vehicle, caused injury or death, or refused a chemical test, penalties can be significantly increased.
Additional Considerations
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Ignition Interlock Device: Offenders may be required to install this device in their vehicle, which measures BAC before allowing the car to start.
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Insurance Impact: A DUI can lead to increased insurance premiums or difficulty obtaining coverage.
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Long-term Consequences: Convictions can affect employment opportunities, especially in sectors requiring background checks.
Proven Defense Strategies That Get Results
Every DUI case is different — but experience matters. The Evans Law Firm conducts a thorough investigation into every detail of your arrest, including:
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Invalid Traffic Stops: Challenging the lack of probable cause to suppress evidence.
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Flawed Field Sobriety Tests: Questioning test conditions like uneven terrain, poor lighting, or medical limitations (accuracy often only 65–83%).
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Unreliable Chemical Tests: Disputing breath or blood results due to calibration errors, improper handling, or rising BAC levels.
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Medical or Physiological Factors: Demonstrating that medical conditions, anxiety, or medications caused symptoms mistaken for intoxication.
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Procedural Violations: Identifying Miranda rights breaches or illegal searches to exclude evidence.
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Officer Credibility Issues: Exposing inconsistencies between reports, testimony, and dashcam footage.
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Plea Negotiations: Seeking reductions to lesser charges, probation, or treatment options for first-time offenders.
Take Action Now
The Evans Law Firm will fight aggressively for dismissals or reduced penalties — and when appropriate, negotiate alternatives to harsh penalties such as monitored sobriety or treatment programs.
