At Turner Law Offices, P.C., our DUI lawyers are familiar with all methods of alcohol testing (BAC). The blood test is not foolproof, and there are many reasons why blood alcohol results are wrong. Our experienced DUI attorneys at Turner Law Offices, P.C. will meet with you and discuss the method of measuring blood alcohol and discuss your legal defenses. Request a free initial consultation online or call today for a free, no-obligation one-on-one consultation with one of our experienced drink-driving lawyers. Thus, .08, although the legal limit, is not a universal goal. It is illegal to drive a motor vehicle in the state of Tennessee with a blood alcohol level of 0.08% or higher (0.02% for people under 21 and 0.04% for people with a commercial driver`s license). In addition to driving with a blood alcohol concentration greater than 0.08%, anyone can be arrested and charged with impaired driving for operating a motor vehicle while impaired by drugs and/or alcohol. In some cases, police arrest a person and charge them with drunk driving, even after finding that the suspect`s blood alcohol level was below the legal limit of 0.08%. The decision to stop and charge a person with impaired driving if the blood alcohol level is less than 0.08% is based solely on the police officer`s opinion that the suspect is unable to operate a motor vehicle.
While it`s hard to determine the exact number of drinks needed to get a person to the “legal limit,” the best answer is to always have a sober driver with you or call a taxi or rideshare. Here`s a helpful guide to Tennessee DUI laws. In 99 out of 100 cases, IBC is above the legal limit in the cases we defend, and we regularly successfully defend these types of cases. If you have been charged with impaired driving, call us for a free consultation and we will guide you through your options and determine how best to protect your rights. But for now, the national legal limit, and Tennessee`s, remains at 0.08. That is, unless you are a minor or driving a commercial vehicle. If you are under 21 years of age, any trace of alcohol justifies a drunk driving fee. If you drive a commercial vehicle, the legal blood alcohol limit is 0.04.
While blood alcohol limits may seem simple on the surface — getting a drunk driving conviction if you exceed the limit, unscathed if you`re below it — it`s actually a bit more complicated than that. Well, while the legal limit in Tennessee is cut and dry, your blood alcohol level isn`t as open and closed as determining whether you`re charged with a DUI. Read on to learn more about what you need to know about ADP, how it is determined, your rights, and its role in determining a drunk driving charge and/or conviction if you are ever arrested on suspicion of impaired driving. What is the blood alcohol level in Tennessee? The legal limit in Tennessee for alcohol testing or alcohol testing is 0.08. What 0.08 essentially means is a measure of the number of grams of alcohol per 100 milliliters of blood. Tennessee has what`s called aggravated drunk driving. Every time you`re at 0.20 or essentially two-and-a-half times the legal limit or more, you`ll have an improvement, meaning that if convicted, you`ll have to spend seven consecutive days in jail, instead of the minimum of 48 hours for 0.08 DUI. Note: State laws can always change through the passage of new laws, decisions in higher courts (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please consult an attorney or conduct your own legal research to review the state laws you are seeking. Nationally, it is illegal to operate a motor vehicle under the influence of alcohol and/or drugs, or if the blood alcohol level is 0.08% or higher (a blood alcohol level of 0.08% means that eight-tenths of a person`s blood volume is alcohol). A person with a blood alcohol concentration of 0.08% or higher is legally intoxicated and unlikely to be able to operate a vehicle safely and responsibly. While it is common knowledge that driving your motor vehicle and being obstructed by alcohol or drugs is dangerous for you, your passengers and other motorists, at what point does it become a crime? In Tennessee, as in other states, drinking and driving is illegal if you are under the influence (DUI) while driving.
You can also break the law if you have drunk so much alcohol that your blood alcohol level is 0.08% or higher when driving. And the law is the same in Nashville and Knoxville – the law is the same throughout the volunteer state. Previously, blood alcohol limits were much more lax. For example, the first commonly used blood alcohol level in 1938 was 0.15 — nearly double the current national legal limit (also 0.08 — passed by Congress in 2000). The legal blood alcohol limit has decreased over the years due to accident statistics and pressure from groups such as MADD (Mothers Against Drunk Driving). In fact, it wasn`t until 2013 that the NTSB (National Transportation Safety Board) even proposed lowering the limit to 0.05. Under Tennessee`s Dram Shop Act, a licensed drinking establishment can be held liable for bodily harm caused by intoxication if the establishment sells alcohol to a person known to be under the age of 21 or to a person who is obviously drunk, and there is evidence that the sale and consumption of that alcohol caused the harm. Even if you refuse, Tennessee allows a forced blood test if there is a warrant, and this scenario is not uncommon.
Note: Our attorneys are licensed 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 attorneys and personal injury attorneys in the United States. The criminal judge may order that any intoxicated offender may drive a motor vehicle equipped with an ignition lock only for a maximum period of one year after the expiry of the waiting period for obtaining a driver`s licence. If the offender has a previous conviction for impaired driving within the past five years, the offender may only operate a motor vehicle with an ignition lock for at least six months. In addition to other penalties that may apply under Tennessee`s drunk driving laws, a commercial driver who commits a first DUI while operating a commercial vehicle will be prohibited from operating a commercial vehicle for at least one year. However, if the driver was driving a commercial vehicle and transporting dangerous goods at that time, the limitation period is three years. A commercial driver who commits a second drunk driving while operating a commercial vehicle will be prohibited from operating a commercial vehicle for life, which may or may not be reduced to a period of at least 10 years. The crime of “impaired driving as a minor offender” applies to children under the age of 16 but under the age of 18 and is punishable by a one-year driver`s licence ban and a $250 fine. As an additional penalty, the judge may impose work in the public service. If you are first charged with impaired driving, you need to be aware of the possible penalties you could face if convicted.