Understanding the Elements of DUI Charges and Penalties in Tennessee

Driving Under the Influence (DUI) in Tennessee, although a Class A misdemeanor like shoplifting, assault, and simple possession, is significantly more complex in terms of its elements and punishment. Unlike other crimes, a DUI charge can sometimes be based solely on an officer’s opinion. The offense is detailed in Tennessee Code Annotated § 55-10-403 and includes the following elements:

Elements of DUI Charges

Understanding the complexity of DUI charges is crucial. Key elements include:

• Driving Elements: Actual driving or physical control of the vehicle.
• Location Elements: Occurrence on public roads, highways, streets, alleys, or public premises.
• Intoxication Elements: Influence of intoxicants, drugs, or an alcohol concentration of .08% or more.
• Enhanced Penalties: Increased penalties for repeat offenses.
• License Revocation: Consequences of DUI conviction and Implied Consent Law violations.

Driving Elements

• Actual driving, or
• Simple “physical control” of the vehicle

Location Elements

• Any public road
• Highway of the state
• Any street
• Alley, and the
• Premises of any:
  • Shopping center
  • Trailer park
  • Apartment house complex
  • Any other premises generally frequented by the public

Intoxication Elements

“Under the influence” of:

• Any intoxicant
• Marijuana
• Controlled substance
• Drug
• Substance affecting the central nervous system
• Combination thereof impairing the driver’s ability to safely operate a motor vehicle
• An alcohol concentration of .08% or more
• Enhanced Penalties for Multiple Offenses

The penalties for DUI offenses increase significantly with each subsequent conviction. The specific penalties and consequences for each offense can be found through the following links:

• First Offense
• Second Offense
• Third Offense
• Fourth Offense and Subsequent Offenses

License Revocation and Restricted Licenses

Upon conviction for DUI or for violating the Implied Consent Law, which mandates license revocation for refusing to perform a breath, blood, or urine test, a person’s driving privileges will be revoked. Information about these consequences and the eligibility requirements for obtaining a restricted license can be found here.

Trust Knox Defense with Your Defense

If you are facing DUI charges, it’s essential to understand the complexities and potential consequences. At Knox Defense, our experienced attorneys are here to help you navigate the legal process and work towards the best possible outcome. Contact us today at (865) 269-9226 for a confidential consultation.

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