In addition to other penalties that may be imposed, a person who commits a DUI while a child under 18 was in the vehicle will be incarcerated for at least 30 days and fined at least $1,000. If, however, the child suffers serious bodily, the offender will be incarcerated for two to 12 years and fined up to $5,000. If the child is killed, the offender will be incarcerated for 8 to 30 years and fined up to $25,000.
The sentencing judge may order any DUI offender to operate only a motor vehicle that is equipped with an ignition interlock device for up to one year after the driver’s license revocation period expires. If the offender had a prior DUI conviction within five years, the offender must operate only a motor vehicle that is equipped with an ignition interlock device for at least six months.
In addition to other penalties that may apply under Tennessee’s DUI laws, a commercial driver who commits a first DUI while driving a commercial vehicle will be disqualified from driving a commercial vehicle for at least one year. If, however, the driver was operating a commercial vehicle and transporting hazardous materials at the time, the disqualification period is three years. A commercial driver who commits a second DUI while driving a commercial vehicle will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of not less than 10 years.
Drivers under 21 commit underage DUI commit a Class A misdemeanor when they drive with a BAC of .02 or more and will be fined $250. The driver's license suspension period is one year. As additional punishment, the sentencing judge may impose community service work.
The crime of "delinquent underage DUI" applies to children 16 but under 18 and is punishable by a driver's license suspension of one year and a fine of $250. As additional punishment, the judge may impose public service work.
Under Tennessee’s Dram Shop Act, a licensed drinking establishment may be liable to pay money damages for personal injuries caused by intoxication if the establishment sold alcohol to a person known to be under 21 or to an obviously intoxicated person and it is shown that the sale and consumption of that liquor caused the injury.
It is a crime for a licensed drinking establishment to sell alcohol to persons under 21. For a first offense, violators are subject to a fine of $500 to $1,000 and 30 days to six months in prison. For a second offense, violators are subject to a fine of up to $3,000 and one to six years in prison. Second-time offenders will also have their liquor licenses permanently revoked.
It is a crime for a person to furnish alcohol to a person under 21. Violators face up to 11 months and 29 days in prison, a fine of up to $2,500, or both. These offenders will also be required to perform 100 hours of community service work.
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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.