If you have been convicted of a DUI in Tennessee, then you probably had your driver’s license revoked as a result. Of all the consequences and penalties of drunk driving with which you must cope—from treatment programs and community service to hefty fines and jail time—probably the most overlooked yet comparably difficult challenge to overcome is the loss of your license. After all, without that driver’s license, you will not be able to drive to work, the pharmacy, the grocery store, etc. This may leave you stranded, having to catch rides on someone else’s schedule. This is why getting your driver’s license reinstated is so important. Here are some facts about the driver’s license reinstatement process that you should know:

3 Facts About Driver’s License Reinstatement in Tennessee

While it might seem like an easy thing to do that just takes some paperwork, the truth is, driver’s license reinstatement is a complex and involved process, and it can be especially difficult if you are unfamiliar with the procedures. While it is true that the Tennessee Department of Safety and Homeland Security now offers e-services for license reinstatement, there are still many things that you probably will not be able to do effectively on your own without prior knowledge or assistance from a lawyer. What you should know about the process of license reinstatement is that:

1. Driving is a privilege and not a right. This is true in Tennessee as it is everywhere else across the country. When you disobey the rules of the road, including getting behind the wheel while intoxicated, you are running the risk of having that privilege taken away, among other things.

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When considering DUI laws, it is easy to forget that having an open container of an alcoholic beverage in your vehicle can have separate consequences. We will explain when and why a driver can be punished by Tennessee’s open container law, but know that if you are involved in any aspect of a DUI, it is imperative that you seek the legal guidance of an accomplished Tennessee DUI attorney. With a strong defense, you can protect your rights to the fullest extent. 

Tennessee’s Open Container Law

On paper, Tennessee’s open container law is fairly simple: If the driver has an alcoholic beverage that is open or the seal is broken and it is accessible, he or she can be punished. However, there is some fine print that should be understood about this rule. For instance, this law is designed to prevent a driver from consuming an alcoholic beverage while driving. It does not necessarily prevent passengers from having alcoholic beverages or for alcohol to be in areas of the vehicle that are inaccessible to the driver. 

If law enforcement personnel suspect that you are driving under the influence in Tennessee, they will most likely ask that you take a Breathalyzer test to obtain an estimation of the alcohol levels in your body. They also might ask you to take other, more subjective field sobriety tests, such as the Walk and Turn, One Leg Stand, and Horizontal Gaze Nystagmus tests. You are faced with an important choice when a police officer asks you to take a Breathalyzer test or field sobriety tests, so it is essential to know what the law requires of you at that moment, as well as following an arrest. Regardless of the circumstances of your arrest, you will want to work with an accomplished criminal defense attorney to aggressively defend your rights and minimize the potential consequences you may face.

Tennesse’s Implied Consent Law

In Tennessee, when motorists obtain their licenses, they automatically give consent to submit to a blood alcohol content (BAC) test if they are requested to do so by police. However, it is important to understand that implied consent does not apply to roadside breathalyzer tests or field sobriety tests. These tests can be refused, although this refusal may give an officer probable cause to arrest you on suspicion of drunk driving.

Most of the time, first-time offenders charged with driving under the influence (DUI) of drugs or alcohol are not given as serious charges as those who are accused of subsequent offenses. A first-time DUI may result in fines, a minimum of 48 hours in jail, and the requirement to go through a treatment program. Serious cases involving injuries or death are given stiffer penalties. However, for the most part, the state of Tennessee tries to make sure that first offenders will not be convicted of another DUI offense. The more convictions on a person’s record, the harsher the punishments will be.

What Happens if a Driver Reaches Four DUI Offenses?

With each DUI conviction, a driver sees his or her license revoked for a certain amount of time: one year for first offenses, two years for second offenses, and six years for third offenses. Drivers are able to apply for a restricted license during the period of revocation.

Driving under the influence (DUI) is illegal in all 50 states. Tennessee passed a bill earlier this year to make the penalties for DUI offenses within a school zone more severe. Since most pedestrians in school zones are children, the need for safe driving is more important in order to keep the young ones protected from injury. The new law, which was introduced and passed in February, states that anyone driving under the influence in a school zone will be subject to double the punishment for an ordinary DUI offense outside of the school zone. For misdemeanor offenders, this means that both fines and prison terms will be doubled.

New Tennessee Law

The new Tennessee law for DUI offenses within school zones also covers:

All-terrain vehicles (ATVs) are a popular form of off-road transportation for those looking to have fun in recreational areas, especially during warm weather conditions. These vehicles are barred from sharing the roadway with cars and trucks. However, they require a driver’s license just like automobiles in order to drive them legally. Also, if someone decides to drink alcohol before getting behind the wheel of an ATV, he or she can be charged with a DUI. If the impaired driver causes an accident, it can result in serious consequences, such as jail time and fines.

What Are the Tennessee DUI Punishments?

In Tennessee, ATVs are allowed to drive in specified parks, forest areas, hiking trails that permit ATVs, and recreational areas. These are all public zones, so drivers of ATVs are expected to be mindful of the safety of everyone on the trails, including pedestrians and bicyclists.

Even though the legal drinking age in the United States is 21 years old, minors all across the country often drink illegally. This can occur due to peer pressure or because the minors have easy access to alcohol or drugs within their home. There are many penalties and punishments when a minor is caught drinking illegally, but if they are caught driving under the influence, there will be even more consequences. They will face not only DUI charges, but they will also lose their driving privileges for a certain amount of time.

Tennessee Underaged DUI Penalties

The state of Tennessee has three statutes to enforce and attempt to eliminate underage drinking and driving. The most severe is the Driving While Impaired statute that affects minor drivers between the ages of 16 and 20. Any minor driver caught driving under the influence will have his or her license revoked for one year with no possibility of earning a restricted license. They will also face a $250 fine and service work per the discretion of the court.