Tennessee’s BAC Limit
The legal blood alcohol concentration (BAC) limit in Tennessee for drivers is currently set at .08 percent. That means that it is illegal to drive with a BAC of .08 percent or more, and drivers caught doing so face severe penalties. According to the National Highway Traffic Safety Administration, with a BAC of .08 percent, the driver’s ability to concentrate diminishes, and their ability to do more than one thing at a time is impaired. These factors can inhibit driving skills such as maintaining proper drivers’ lane positions, following other vehicles, and tracking movements in road signs and signals. Many states, including Tennessee, allow law enforcement to test for BAC when someone is arrested for DUI. The legal limit of .08 percent is the same across most U.S. states and Washington D.C. , including those that are also members of the National Interstate Driver’s License Compact. Tennessee is a compact member state. As such, if you are arrested and charged with drunk driving in another state, your home state will most likely have the same legal alcohol limit. However, not every state is a part of the compact; a driver arrested for DUI in Michigan, for example, could see some difference in his or her home state’s laws. Also, note that while .08 percent is the legal limit, impairment and concentration begin to decrease well before that mark (at .054 percent); thus, driving may not be safe even with a BAC below .08 percent.
Legal BAC Limit for Different Types of Drivers
Tennessee’s DUI laws are designed to hold all drivers responsible for their behavior. But, there are variations that depend on the type of driver and their specific circumstances. They include the following categories of driver types and BAC limits:
Commercial drivers – Commercial drivers must have a BAC below 0.04 to legally drive a commercial vehicle.
Drivers under 21 – Inexperience and immaturity are factors that lead to increased alcohol-related crashes in this category of driver. A first-time violation of a BAC of .02 percent or greater carries a minimum penalty of two days in jail and 48 hours of community service. A second offense carries a minimum penalty of 10 days in jail with a maximum of 30 days and a minimum community service requirement of up to 48 hours. The penalty for a third offense may include at least 30 days in jail. A fourth or additional offense includes a mandatory minimum of 45 days in jail.
Repeat offenders – Repeat offenders are generally drivers who have been convicted of a DUI within 10 years of the prior charge. A BAC of 0.20 or more is considered a level 3 (aggravated) offense and carries a mandatory minimum of 120 days to a maximum of 11 months and 29 days in jail. Drivers in this category may also be required to pay fines of between $600 and $3,500. A plea bargain for a DUI conviction may enhance the penalty.
An experienced Tennessee DUI defense lawyer can be of assistance if you are facing charges of a DUI or your license has been revoked because of a DUI conviction. An attorney can provide advice on accessing your driving record, fighting your license revocation, challenging the results of the BAC test, and arguing your case in court or plea bargaining with the prosecutor.
Legal Consequences of Going Over the Limit
Exceeding the legal alcohol limit in Tennessee can lead to a variety of legal penalties, both civil and criminal. At the most basic level, violators face steep fines that vary depending on the severity of the offense. For example, first-time offenders face fines between $350 and $1,500. A second DUI conviction for an adult comes with a fine ranging from $600 to $3,500. Third convictions cost at least $1,100 and could reach up to $10,000, depending on the circumstances.
Convictions for DUI typically come with license suspensions for a minimum of one year for first offenses and up to eight years for repeat offender status, but can last far longer as well if you refuse breathalyzer tests or have a high blood alcohol concentration. If you already have two DUI convictions and your third arrest comes 30 or more days after your second, you could lose your license for life.
More severe consequences can include jail time. First offenders face up to 11 months in jail, while third-time offenders could receive 60 days. Judges often suspend the bulk of these sentences, but repeat offenders usually spend at least a few weeks in a county jail, even first-time offenders in certain cases.
Beyond fines and jail time, repeat offenders may face an ignition interlock device requirement before they can regain full driving privileges. Ignition interlock devices are breathalyzers installed in vehicles that require the driver to blow into them before being able to operate the car. Additionally, repeat offenders that cause accidents that injure or kill may also face civil liability and loss of their insurance coverage.
It is important to contact a Tennessee DUI defense attorney to discuss the specific penalties you may face in your case.
How The Law in Tennessee Determines BAC
In Tennessee, BAC is measured using several methods, which generally fall into two categories: the breathalyzer and the field sobriety test.
The Breathalyzer
The state of Tennessee maintains breathalyzer equipment at most law enforcement centers across the state. In general, if an officer has probable cause to believe that a person is driving while intoxicated or under the influence of drugs, they will arrest the driver on the spot and take them to the police station. Once they arrive at the station, the driver undergoes a 20-minute observation period before taking the breath test. The officer is supposed to wait 20 minutes for each of two reasons: The officer must also tell the driver that he/she can choose between a breath test and a blood test. If the driver decides to submit to a breath test, the officer is supposed to let the driver know the following: Once the officer is satisfied that he/she has met all the requirements, they have the driver submit to the test. The results should come back fairly quickly as a printout from the machine. The printout should include the name of the operator, the serial number of the instrument, the make and model of the instrument , and the date and time of the reading. If the person submitted to the test, the results should also include a signed statement from the person. In turn, the officer must complete and sign the affidavit of compliance. If the driver does not pass the test, then the driver must produce a specimen for a blood test. According to the Tennessee Code Annotated § 55-10-406, the "specimen must be withdrawn in the manner approved by the commissioner of health by a person with special skills or training in a healthcare, environmental or other scientific field that has been determined by the commissioner of safety’s medical review board to be consistent with the requirements of 49 CFR § 40.13 through 40.31." An officer is not required to notify the driver of his/her right to a blood test in order for the blood test to be valid.
The Field Sobriety Test
If the results of the breath test are invalid, the officer is also allowed to ask the suspect to perform a field sobriety test (FST). Most people who have had too much to drink tend to fail the FST regardless of whether he/she is intoxicated, however, a skilled attorney may be able to prove that the test was administered improperly using an expert.
Sobering Truth About the Legal Blood Alcohol Limit
It is widely understood that drinking alcohol affects how we think, talk and act. But its effect goes beyond just how we behave, it can also affect the level of impairment you may experience if you are stopped by law enforcement. In fact, your Blood Alcohol Concentration (BAC) can be predicted based on the number of drinks you consume in a given period of time. In Tennessee, the legal BAC limit for driving is .08 g/dL. However, the National Highway Traffic Safety Administration (NHTSA) provides the following illustrations of how quickly alcohol can affect your BAC: As the above table illustrates, consuming alcohol at a higher rate than your body can metabolize it will increase your BAC. Because everyone metabolizes alcohol at a different rate, this chart can only provide estimates. If you are concerned about your BAC, you should refrain from drinking and consuming alcoholic beverages. If you must drink, there are ways you can enjoy yourself responsibly. Here are some tips: Most people process alcohol at a rate of approximately 25 mL per hour. It can take more or less time depending on other factors, but the average person can typically metabolize one standard drink in about 2½ hours. As such, if you have had several drinks over the course of the day, you must take into account how long the alcohol can remain in your system and could potentially put you over .08 g/dL.
How a Lawyer Can Help After You’ve Been Charged with a DUI
Hiring an experienced lawyer is crucial in Tennessee if you want to fight the charge in court. You may have been given a breathalyzer and failed because the equipment was unreliable or there are problems with the results. In Tennessee, the blood alcohol concentration is the percentage of alcohol in the motorist’s blood, and the state of Tennessee has decided that a legal limit is .08 percent BAC or 0.8 grams of alcohol in every deciliter of the driver’s blood. Although the BAC may not be more than .08, it doesn’t mean the motorist is not guilty of a DUI charge. The driver may show signs of minor impairment such as an odor of liquor, slurred speech or glassy eyes. Tests and observations of the driver help the officer determine if the motorist is guilty of a DUI charge. Observations include:
Signs of impairment are not always reliable or accurate, which is why it’s crucial to have an experienced attorney by your side to prove the driver is innocent. A skilled Tennessee DUI attorney will look closely at the case and will question the officers. For example, did the officer conduct only a field sobriety test? Did he or she issue a breath test at the roadside rather than a blood test at the station?
The DUI charge may be avoided if it can be proven the officer didn’t follow clear procedures. Keep in mind there are many rules the police must follow . First, the officer must first observe the driver and make appropriate observations to stop the vehicle for a legitimate reason. If the car is pulled over and the motorist is drinking and doesn’t answer lawfully, the officer will most likely ask him or her to get out of the vehicle. It is probable the officer will conduct a series of roadside sobriety tests known as standardized field sobriety tests. If the officer mistakes a flat surface for a roadway, there could be doubt that these tests were reliable. A skilled attorney will investigate the facts surrounding the case. It’s time to hire a skilled attorney to help you make the legal argument against the charge. There may be a way to challenge the breathalyzer test used in Tennessee to measure blood alcohol level. An experienced attorney will review the circumstances around the breath test to determine if there was a defect with the equipment or procedure. The two types of breath tests used in Tennessee are the intoxilyzer 9000 and the portable breathalyzer. For several years, there have been concerns about errors and problems with the machines, but there is a possibility of challenging the reading. It’s important after a DUI arrest in Tennessee to immediately seek help from a skilled attorney. If the charge cannot be resolved outside of court, your lawyer will give you the best chance at protecting your rights and getting the best possible verdict.