Being arrested for DUI in Tennessee comes with strict penalties. Whether this is your first arrest or you’ve been arrested for DUI before, you will face automatic jail time for the crime. There are a host of mitigating factors that go into determining the exact amount of time you must spend in jail, how much you will have to pay in fines, and how long you will lose your license. Those factors include the following:

• Whether you are a first-time offender or a repeat offender
• If you caused an accident that led to property damage
• If you caused an accident that led to serious bodily injury of someone else

There are times when it’s in your best interest to negotiate the DUI charges into other charges or to discuss a possible plea deal with the prosecutor assigned to your case. That’s why it’s always important to discuss the situation with an experienced Knoxville criminal defense attorney from Banks & Jones.

Negotiating to a lesser charge

It is possible that your DUI charge can be negotiated to a lesser charge. However, it’s important to note that not every jurisdiction will permit this. It is entirely up to the prosecutor assigned to the case as to whether or not the charge can be negotiated to a lesser charge like reckless endangerment or reckless driving.

The factors that go into negotiating a DUI charge to a lesser charge can include the following:

• Your prior DUI convictions, if any
• If you have any other criminal convictions on your record
  • The type of prior convictions
• Where the DUI incident occurred and the circumstances around it
• Your age
• If you had a minor in the vehicle at the time of the incident
• What led to the stop in the first place

That last bit can be pretty important. If you were stopped because you were swerving between lanes or driving erratically, your attorney might try to negotiate you to only a reckless driving charge. If you were sitting in a parked car that happened to be turned on, but weren’t actually driving anywhere, your attorney may be able to negotiate a lesser charge or a better option, like a judicial diversion (if it’s a first-time offense).

The majority of criminal cases in Tennessee do not reach the courts, but DUI cases are a bit different. Every prosecutor in the state of Tennessee seems to love busting DUIs (and there are a lot of financial incentives to do it). If you’re going to try to beat a DUI charge, you need an experienced attorney on your side to help make the best case for you. Our attorneys have a lot of experience getting DUIs dropped, and we know how to negotiate when a dismissal isn’t possible.

Penalties and fines for DUI convictions

If you are arrested and convicted of DUI in Knoxville, you can face the following penalties and fines for a first offense:

• A minimum of 48 hours in jail
• No more than 11 months and 29 days in jail
• A minimum of seven straight days in jail for a BAC of 0.20 or higher
• License suspension of one year with the option of a restricted license available
• Participation in a drug and alcohol treatment program
• A fine ranging from $350-$1,500
• An ignition interlock device installed at your expense of at least $1,000
• Payment of restitution for damage or injuries caused

A second DUI conviction comes with the following penalties:

• At least 45 days in jail
• No more than 11 months and 29 days in jail
• License suspension for at least two years
• Your vehicle can be seized
• Ignition interlock devices installed on your dime
• You will be required to attend a treatment program
• Pay restitution

If you are convicted of DUI a third time, you will have to spend at least 120 days in jail and will lose your driver’s license for no less than six years. You will face mandatory fines ranging from $1,100 to $10,000. First, second, and third DUI convictions are misdemeanors. If you are convicted a fourth time, it is a felony crime. A fourth conviction requires 365 days in jail, including at least 150 straight. Mandatory fines range from $3,000 to $15,000. Your license will be revoked for at least eight years.

Have you been arrested and charged with DUI in or near Knoxville? If so, it’s time to speak with an experienced Knoxville DUI defense lawyer. Call the office of Banks & Jones at 865-546-2141, or complete our contact form today to schedule a consultation. Fight 2 Win!