New Tennessee DUI laws in 2024
Request a ConsultationWhat’s New in Tennessee DUI Law?
Tennessee has long been known for its strict stance on driving under the influence (DUI), and recent legislative updates have reinforced that reputation. On July 1, 2024, several key changes to Tennessee’s DUI laws came into effect, imposing stricter penalties and expanding enforcement tools. Here’s what you need to know:
Increased Minimum Jail Time for High BAC Levels
Individuals charged with DUI for the first time who have a blood alcohol concentration (BAC) of 0.15% or higher now face a mandatory minimum jail sentence of seven days. Previously, the seven-day minimum was only required for BAC levels of 0.20% or more, while first-time DUI charges with lower BACs carried a two-day minimum sentence.
This adjustment aims to deter high-risk drinking and driving behaviors, emphasizing the consequences for individuals whose BAC exceeds the standard legal “limit” of 0.08%.
Expanded Authority for Search Warrant Execution
A significant change in Tennessee law now allows law enforcement to execute search warrants for BAC testing or medical records across county lines. Previously, officers were restricted to executing these warrants within the county of issuance, providing a degree of geographical limitation on such searches. This change raises serious concerns about individual privacy and the potential for overreach. Granting statewide authority to obtain sensitive medical records could lead to broader intrusions into personal information.
Alternative Sentencing Options for First-Time Charges
Tennessee courts now provide alternative sentencing options for individuals facing their first DUI charge. Instead of serving time in traditional jails, eligible individuals may serve their sentences in rehabilitative facilities. These programs are designed to focus on counseling, education, and recovery, offering confined individuals access to resources that aim to reduce recidivism.
The decision to grant alternative sentencing lies with the judge, creating a shift from previous practices where local sheriffs or jail administrators had greater discretion.
Avoiding a DUI Charge
While Tennessee’s DUI laws are becoming increasingly stringent, the best way to avoid these penalties is to take proactive steps to prevent impaired driving altogether:
- Plan Ahead: Arrange for a designated driver, rideshare service, or other transportation options if you plan to consume alcohol.
- Know Your Limits: Even a small amount of alcohol can impair judgment. Consider avoiding alcohol entirely if you will be driving.
- Be Aware: If you are taking any sort of drugs – even those prescribed by a doctor – be aware that they can also impair your driving.
- Use Technology: Breathalyzer apps and devices can help monitor your BAC, but they are not substitutes sound judgment.
Defending Against a DUI Charge
If you are charged with a DUI in Tennessee, you still have options. An experienced Nashville DUI lawyer can:
- Challenge the validity of the traffic stop, field sobriety tests or arrest.
- Investigate the accuracy of BAC test results, including possible errors in testing equipment or procedures.
- Advocate for alternative sentencing options or reduced penalties, especially for first-time charges.
Each DUI case is unique, and a strong legal defense can make a significant difference in the outcome.
Nashville DUI Lawyer Carla Grebert Can Help
Criminal defense attorney Carla Grebert understands the complexities of Tennessee’s DUI laws and the serious impact a conviction can have on your life, and she will guide you every step of the way. Contact Carla today for a consultation.