DUI Laws From Tennessee

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Tennessee DUI Statutes

NOTE: This site is here as a resource for DUI and DWI research. It is not meant to serve as, or replace, DUI and DWI Lawyers. If you are researching DUI's because you have been charged with a DUI or DWI - you should speak to a DUI Lawyer. The DUI or DWI laws in most states carry mandatory jail sentences and driver's license suspension. Only a DUI Attorney with the necessary experience can evaluate your case fully. A qualified DUI Lawyer or DWI Lawyer can tell you what legal defenses you may have available in your DUI or DWI case. The DUI Lawyer will also be able to tell you if your state has alternative resolution programs available for DUI - this is a program where you may take classes, do community service etc. and the charges are expunged.

Below are excerpts from the Tennessee DUI Statutes

55-10-401. Driving under the influence of intoxicant, drug or drug producing stimulant prohibited — Alcohol concentration in blood or breath. —
(a) It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:
(1) Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
(2) The alcohol concentration in the person's blood or breath is eight-hundredths of one percent (.08 %) or more.
(b) For the purpose of this section, “drug producing stimulating effects on the central nervous system” includes the salts of barbituric acid, also known as malonyl urea, or any compound, derivatives, or mixtures thereof that may be used for producing hypnotic or somnifacient effects, and includes amphetamine, desoxyephedrine or compounds or mixtures thereof, including all derivatives of phenolethylamine or any of the salts thereof, except preparations intended for use in the nose and unfit for internal use.
[Acts 1953, ch. 202, § 1 (Williams, § 10830.2); Acts 1961, ch. 63, § 1; 1977, ch. 420, § 1; 1979, ch. 265, § 1; T.C.A. (orig. ed.), § 59-1031; Acts 1980, ch. 623, § 1; 1980, ch. 635, § 1; 1986, ch. 842, § 12; 1996, ch. 915, § 1; 2002, ch. 855, § 7.]

55-10-415. Underage driving while impaired — Penalties. —
(a) (1) A person age sixteen (16) or over but under age twenty-one (21) may not drive or be in physical control of an automobile or other motor driven vehicle while:
(A) The alcohol concentration in the person's blood is more than two hundredths of one percent (0.02%);
(B) Under the influence of alcohol;
(C) Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
(D) Under the combined influence of alcohol and any other drug set out in subdivision (a)(1)(C) to a degree that makes the person's driving ability impaired.
(2) For purposes of this section, “drug producing stimulating effects on the central nervous system” has the same meaning and includes the same items set out in § 55-10-401(b).
(b) The fact that any person who drives while under the influence of narcotic drugs or barbital drugs is or has been entitled to use the drugs under the laws of this state does not constitute a defense to the violation of this section.
(c) This section establishes the offense of underage driving while impaired for any person age sixteen (16) or over but under age twenty-one (21). The offense of underage driving while impaired is a lesser included offense of driving while intoxicated.
(d) (1) The offense of underage driving while impaired for a person age eighteen (18) or over but under age twenty-one (21) is a Class A misdemeanor punishable only by a driver license suspension of one (1) year and by a fine of two hundred fifty dollars ($250). As additional punishment, the court may impose public service work.
(2) The delinquent act of underage driving while impaired for a person age sixteen (16) or over but under the age of eighteen (18) is punishable only by a driver license suspension of one (1) year and by a fine of two hundred fifty dollars ($250). As additional punishment, the court may impose public service work.
(e) A person age sixteen (16) or over but under the age of eighteen (18) who commits the offense of underage driving while impaired commits a delinquent act.
[Acts 1993, ch. 491, § 1; 1998, ch. 1046, § 3.]

 

 

 

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