Nashville Multiple DUI Lawyer

Effective Defense Against Second, Third & Subsequent DUI Charges

A second or subsequent DUI charge presents issues that are different from a first offense. Prior DUI convictions can affect how a new charge is classified and can substantially increase the potential consequences under Tennessee law.

At Killen Law, Michael Killen represents individuals facing multiple DUI charges in Nashville and throughout Middle Tennessee. When a prior conviction is involved, he examines the current charge as well as the records underlying the prior offenses.

The history of those prior convictions can be important. The dates, dispositions, and specific offenses involved may affect how Tennessee law applies to the current charge.

Facing a multiple DUI charge? Call (615) 549-8117 or contact us online. We serve Nashville, Mount Juliet, Franklin, Brentwood, and communities throughout Middle Tennessee.

Multiple DUI Charges in Tennessee

Tennessee law treats subsequent DUI convictions differently from a first offense. The potential penalties increase as the number of qualifying prior convictions increases.

A prior DUI arrest does not necessarily have the same legal significance as a prior DUI conviction. The disposition of an earlier charge, the date of the offense and conviction, and the nature of the prior offense can all matter when determining how a new DUI is classified.

For that reason, a multiple DUI charge involves more than simply counting previous DUI-related arrests. The prior convictions being relied upon should be identified and considered under the requirements of Tennessee law.

The sections below explain the penalties that may apply to subsequent DUI convictions, and other requirements that apply to them.

Second DUI in Tennessee

A second DUI conviction carries greater penalties than a first DUI conviction. Under Tennessee law, a second DUI conviction can include:

Jail: 45 days to 11 months and 29 days in jail

Fine: $600 to $3,500

License: Two year driver’s license revocation

Ignition Interlock: An ignition interlock device may be required under circumstances provided by Tennessee law

Additional Requirements: Court costs, treatment or education requirements, and other conditions imposed under Tennessee law

Tennessee law also provides circumstances in which a judge can order substance abuse treatment as a condition of probation after a second conviction.

Third DUI in Tennessee

A third DUI conviction carries substantially greater penalties and includes:

Jail: 120 days to 11 months and 29 days in jail

Fine: $1,100 to $10,000

License: Six to 10 years driver’s license without the option of a restricted license

Additional Requirements: Court costs, treatment or education requirements, and other conditions imposed under Tennessee law

A third DUI remains within the misdemeanor DUI penalty structure, although the minimum period of incarceration is substantially greater than for a second offense.

Fourth or Subsequent DUI

Under Tennessee law, a fourth DUI conviction is a Class E felony, a fifth DUI is a Class D felony, and a sixth or subsequent offense is a Class C felony. These felony convictions may result in:

Jail: 150 to 365 consecutive days in jail

Fine: $3,000 to $15,000

License: Eight year driver’s license revocation

Ignition Interlock: An ignition interlock device may be required under circumstances provided by Tennessee law

Additional Requirements: Court costs, treatment or education requirements, and other conditions imposed under Tennessee law

The specific consequences of a conviction can depend on the offense level, prior convictions, and other circumstances addressed by Tennessee law.

How Prior DUI Convictions Affect a New Charge

When a new DUI is being treated as a multiple offense, the prior convictions can become an important part of the case.

Tennessee law provides rules for determining which prior convictions are used to establish multiple offender status. The charging instrument for a second or subsequent offense must identify the prior convictions being relied upon, including the time and place of those convictions.

This can make the underlying court records important. A prior DUI related arrest that did not result in a DUI conviction is different from a prior DUI conviction. Likewise, a charge that was reduced or otherwise resolved as another offense may need to be considered differently.

Prior convictions from another state can also be relevant. Tennessee law provides for certain qualifying out-of-state convictions to be used in determining multiple offender status.

The important question is therefore not simply how many times someone has been arrested for DUI. It is which prior convictions legally qualify and how those convictions affect the current charge.

Tennessee's 10-Year and 20-Year Rules

Tennessee law uses specific time periods when determining whether prior DUI convictions can increase the classification and penalties for a new DUI offense. Generally, if the current DUI violation occurs within 10 years of an immediately preceding qualifying DUI violation that resulted in a conviction, the person may be treated as a multiple offender. Prior qualifying violations are then considered through the sequence of offenses, subject to the statute’s time limits.

A DUI violation that occurred more than 20 years before the current violation generally cannot be used as a prior offense for determining multiple-offender status. The calculation can also involve qualifying convictions from other states and certain related offenses, so the dates and details of prior convictions can be important when determining whether a new charge qualifies as a second, third, or subsequent DUI offense.

Put Your Future in Experienced Legal Hands

A second, third, or subsequent DUI charge can involve substantially greater penalties than a first offense. The prior convictions being used in the new charge can also affect how the offense is classified and what penalties may apply. Michael Killen represents clients facing multiple DUI charges and examines both the current allegations and the prior convictions that are part of the prosecution’s case.

Killen Law has successfully defended clients charged with second, third, and subsequent DUIs in Nashville and throughout Middle Tennessee. Michael has handled these cases through plea negotiations as well as at trial. His work includes examining the prior convictions being relied upon, addressing how those convictions affect the current charge, evaluating the evidence supporting the new allegation, and determining whether the case should be negotiated or taken to trial.

When you work with us, you can expect:

Knowledge of Tennessee DUI laws
Experience defending second, third, and subsequent DUI charges
Experience negotiating with prosecutors and presenting cases at trial
Careful review of prior DUI convictions and the current allegations
Personal attention throughout the case
A tireless commitment to pursuing the best possible outcome for each client

The prior DUI convictions can be just as important to a multiple-offense charge as the allegations in the new case. Our multiple DUI lawyer evaluates how those convictions are being used, discusses the available options with the client, and determines whether negotiation or trial is the appropriate path for the case.

Your future is too important to leave to chance. Get in touch with Killen Law today to schedule a consultation with a knowledgeable multiple offense DUI attorney who can explain your options and help you navigate the road ahead.

If you’re facing another DUI charge, Contact Us online or call (615) 549-8117. We’re here to listen and help you navigate your legal options