A DUI arrest in Tennessee can feel confusing and overwhelming, especially when one fears that the DUI is charged as a felony or has accompanying felony charges. This article lays out when a DUI offense will be charged as a felony or invite additional felony charges.
First, What is a Misdemeanor DUI
Under Tennessee statute, T.C.A. §55-10-402, a DUI First Offense, Second Offense, and Third Offense are misdemeanor charges. That means, no matter the blood alcohol or other substances proven to be present in a defendant’s blood at the time of the offense, a conviction for a first through the third offense DUI is a misdemeanor conviction. These are misdemeanor convictions that stay on one’s permanent record and cannot be removed and each subsequent DUI carries significantly more punishment than the prior.
Fourth Offense and Greater
In Tennessee, a Fourth Offense DUI is a felony. A DUI 4th is an E felony, meaning the punishment is 1 to 6 years, with a minimum of 150 days in custody.
A Fifth Offense DUI is a Class D felony, meaning the punishment is 2 to 12 years, with a minimum of 150 days in custody.
A sixth offense of greater DUI is a Class C felony carrying 3 – 15 years.
If you are facing a fourth DUI or another serious DUI charge, speaking with a felony DUI lawyer in Chattanooga early can help you navigate your charges and your case to protect your future.
Injuries to Child
If a person is convicted of a DUI, and at the time of the offense, the person was accompanied by a minor, the person’s sentence shall be enhanced by a mandatory minimum period of incarceration of thirty (30) days.
If, at the time of the offense, the person was accompanied by a minor who suffers serious bodily injury as the proximate result of the DUI, the person commits a Class D felony and shall be punished for the crime vehicular assault.
If, at the time of the offense, the person was accompanied by a minor who is killed as the proximate result of the DUI, the person commits a Class B felony and shall be punished as provided for vehicular homicide involving intoxication.
Felony Charges that can accompany a DUI
Injuries to passengers, pedestrians, persons in other vehicles – vehicular and aggravated vehicular assault
Vehicular assault
Under T.C.A. § 39-13-106, a person commits the crime of vehicular assault who, as the proximate result of the person’s intoxication, recklessly causes serious bodily injury to another person by the operation of a motor vehicle. Vehicular assault is a Class D felony.
Aggravated vehicular assault
Under T.C.A. §, 39-13-115, a person commits aggravated vehicular assault who:
– commits vehicular assault and has two or more prior convictions for DUI or BUI, OR
– has one (1) or more prior convictions for: vehicular assault, vehicular homicide, or aggravated vehicular homicide, OR
– Had a blood alcohol concentration of .15 % or greater at the time of the offense; AND
(Has one (1) prior conviction for DUI or BUI
Aggravated vehicular assault is a Class C felony, and carries a fine between $5,000.00 and $15,000.00.
Reckless Endangerment
Tennessee has a crime of reckless endangerment that can be a misdemeanor or a felony, depending on the facts. T.C.A. § 39-13-103 defines reckless endangerment as recklessly engaging inconduct that places or may place another person in imminent danger of death or serious bodily injury. The offense is a misdemeanor unless the reckless endangerment was committed with a deadly weapon. The use of a deadly weapon make the reckless endangerment an E felony. That means that, when a DUI defendant’s driving was reckless as to expose other drivers or persons to harm, a felony can accompany a DUI even if no one was injured.
Vehicular Homicide
Under T.C.A. § 39-13-213, vehicular homicide by DUI is the reckless killing of another by the operation of a vehicle as the proximate result of the driver’s intoxication. The crime of vehicular homicide resulting from a DUI is a Class B felony.
Repeat DUI Offenses
A prior DUI conviction does not in itself make a DUI charge a multiple offense. Tennessee has a 10 year look back period from the date of a DUI offense to the date of any prior DUI offense resulting in a DUI conviction. If, in the 10 years prior to a DUI arrest, there is a prior DUI conviction, the state can then look back 10 more years from the prior conviction for any other DUI or qualifying convictions to make the current offense a multiple offense.
Certain serious alcohol-related convictions can also be treated like prior DUI convictions for enhancement purposes. These include Tennessee convictions for vehicular assault, aggravated vehicular assault, vehicular homicide by intoxication, or aggravated vehicular homicide.
Out-of-state DUI convictions or convictions for enhancing crimes described above also count towards whether a DUI is a multiple offense.
Why You Should Seek a Felony DUI Attorney in Chattanooga
A felony DUI conviction can affect not only your drivers license for years but your freedom, your family, and your future.
The decisions made early in the case can matter. Giving a statement to law enforcement or to an insurance company can create an adverse record before your criminal case has even begun. You may have strict bond conditions that must be followed perfectly in order to remain on bond pending the case.
Early legal help matters. Evidence can disappear quickly. Video footage can be overwritten. Witness memories can fade. Lab documents, dispatch records, body-camera footage, dash-camera footage, and crash evidence may need to be requested before they become harder to obtain.
A Tennessee felony DUI defense lawyer can review the case early and help protect the record and your rights before important opportunities are lost.
The Law Offices of Meredith Mochel represent people facing serious DUI charges in Chattanooga, Hamilton County and surrounding areas. The sooner you speak with a lawyer, the sooner your defense can begin reviewing the stop, arrest, testing evidence, prior convictions, and any injury or crash allegations.
Contact a felony DUI attorney in Chattanooga today. Call (423) 803-4333 or request a confidential consultation through the website.