- A standard first DUI offense in Nashville requires a mandatory minimum sentence of two days in jail
- If your BAC is .15% or higher, the mandatory minimum is seven days in jail
- If you’re under age 21, no jail time is required
Throughout Tennessee, jail time for a first DUI conviction is mandatory. You will be required to spend a minimum of 48 hours behind bars. The mandatory jail time increases to seven days if you’re blood alcohol concentration (BAC) is .15% or higher.
It’s unlikely that you’ll get a longer jail sentence for a standard first offense with no aggravating factors, but it's not impossible. Judges can sentence you to a maximum of 11 months and 29 days, but that is typically reserved for people whose cases involve property damage or injuries.
How Likely Is Jail Time for a First DUI in Nashville?
Even though a standard first DUI is considered a misdemeanor offense, Tennessee is tough on first-time offenders.
As mentioned, you’ll likely spend at least 48 hours in jail. The good news, however, is that the time already spent in custody (such as the night of your arrest) may count as “time served.”
In other words, if you have to spend a night in jail between your arrest and initial release, that could fulfill the two-day mandatory sentence, and you may not have to serve any additional time in jail.
However, you will be required to spend nearly a year on probation.
READ MORE: How much does a DUI cost in Nashville?
Will I Get Probation for a First DUI in Tennessee?
It’s almost certain that you’ll have to spend time on probation after a first DUI conviction.
After serving any mandatory jail time, first-time offenders are typically required to spend the remainder of their sentence on probation. For example, if a judge orders you to serve the minimum 48 hours in jail, you’ll likely spend the remaining 11 months and 27 days on probation.
Serving probation is a lot easier than serving jail time. However, it still has several requirements, including mandatory meetings with a probation officer, possible random drug and alcohol testing, and obeying all court orders (such as installation of an ignition interlock device or participation in a DUI school program).
Any additional criminal charge or arrest during this time (even a misdemeanor) could violate the terms of your probation, and you could be sent back to jail to serve the remaining 11 months and 27 days (in addition to any jail time required by the new offense).
Additionally, you’ll be required to maintain employment or school enrollment, and your travel will be restricted. You probably won’t be able to leave the state (and maybe even the county) without permission from your probation officer.
What Other Penalties Come with a First DUI in Nashville?
Jail time isn’t the only penalty for a first DUI. You’ll also need to consider fines, driver’s license suspension, and other longer-term consequences.
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A fine ranging from $350 to $1,500
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Driver’s license suspension for up to a year (and up to an additional year if you refused blood or breath testing at the time of your arrest)
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Almost a year on probation
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Participation in a DUI school program
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Increased auto insurance rates
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A lifelong criminal record
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Additional challenges when trying to find employment or qualify for a professional license
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Possible community service requirements
An experienced lawyer will talk you through any potential penalties you’ll face.
What are the Penalties for DUI if You're Under 21?
In Tennessee, anyone under age 21 will face charges of "underage driving while impaired.” Penalties for this offense don't include jail time. Instead, penalties include:
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A fine of up to $250
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One-year driver's license suspension
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Completion of mandatory community service
Can a First DUI Be Expunged from Your Record in Tennessee?
The Volunteer State doesn’t allow DUI convictions to be expunged from your record. This means that the DUI will remain on your record for life.
However, in some cases, we may be able to negotiate a DUI to a lesser offense that may be eligible for expungement (such as reckless driving) after a certain amount of time has passed.
Whether we can negotiate reduced charges will depend on various factors, including your BAC level, evidence, inconsistencies in police records, or potential procedure errors during your arrest. The best DUI attorneys take the time to carefully review your case and fight to get you the best possible outcome.
FAQs
How much jail time will I get for a first DUI in Nashville?
The mandatory minimum jail sentence for a first DUI conviction in Tennessee is two days. The maximum is 11 months and 29 days. However, time already spent in custody (such as the night of your arrest) may count as “time served,” and you may not be required to serve any additional time behind bars.
What happens after I serve jail time for a first DUI in Tennessee?
Once you’ve completed your jail sentence, you’ll likely be placed on probation for the remainder of the 11-month, 29-day sentence. Conditions of probation may include meetings, drug and alcohol testing, and court-ordered classes. Additionally, if you’re arrested for another crime (even a misdemeanor), you could end up finishing out the sentence in jail.
How much jail time can you get for a first DUI in Nashville?
Though the minimum amount of jail time is two days, a judge is permitted to sentence you to up to 11 months and 29 days in jail. However, this is unlikely unless your case involves aggravating factors such as an injury or property damage.
