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Felony DUI Attorney in Brentwood, Tennessee

Driving under the influence (DUI) is a serious offense across the United States, and Tennessee is no exception. While first-time DUI offenses are often classified as misdemeanors, certain aggravating factors can elevate a DUI charge to a felony. 

William Pomeroy, Attorney at Law, explains what constitutes a felony DUI in Tennessee, the associated penalties, and the broader legal implications.

Felony DUI offenses not only pose a significant risk to public safety but also have far-reaching consequences for the accused. 

Understanding the distinctions between misdemeanor and felony DUI charges and the specific circumstances that lead to enhanced penalties is critical for anyone dealing with Tennessee's legal system. 

Whether you're a driver, legal professional, or concerned citizen, understanding the laws is essential for promoting accountability and making informed decisions. Read more about felony DUI in Tennessee from criminal defense attorney William Pomeroy, serving Brentwood, Davidson County, Williamson County, and Rutherford County.

DUIs in Tennessee

Under Tennessee law, it’s illegal to operate a motor vehicle while under the influence of alcohol or drugs. Tennessee Code Annotated (“T.C.A.”) § 55-10-401 specifies that a person is guilty of DUI if they:

  1. Have a blood alcohol concentration (BAC) of 0.08% or higher, or

  2. Are impaired by alcohol, controlled substances, or a combination of both to the extent that they can’t operate a vehicle safely.

According to the State of Tennessee, for drivers under 21, the BAC limit is 0.02%, and for commercial vehicle drivers, it is 0.04%.

While most DUI cases are classified as misdemeanors, repeated offenses or incidents involving certain aggravating factors can attract felony charges.

Felony DUI Offenses in Tennessee

Different types of felony DUI offenses have different penalties and consequences. Here are the classifications for common offense circumstances.

  • Fourth or subsequent DUI offense: Under T.C.A. § 55-10-403, a fourth or subsequent DUI conviction is classified as a Class E felony. Previous DUI convictions remain on a person’s record indefinitely, as Tennessee does not have a look-back period for DUI offenses.

  • DUI resulting in serious injury (vehicular assault): If a DUI causes serious bodily injury to another person, the driver can be charged with vehicular assault under T.C.A. § 39-13-106. This is classified as a Class D felony.

  • DUI resulting in death (vehicular homicide): A DUI that causes the death of another person constitutes vehicular homicide under T.C.A. § 39-13-213. This offense can range from a Class B to a Class A felony, depending on the circumstances, such as whether the driver’s BAC was excessively high.

  • Aggravated vehicular homicide: If a driver has a prior DUI conviction or a history of vehicular assault or vehicular homicide, and they cause a fatal accident while under the influence, they may face aggravated vehicular homicide charges, a Class A felony.

  • Child endangerment: Driving under the influence with a child under the age of 18 in the vehicle can elevate a DUI to felony child endangerment, particularly if the child is injured or killed.

Facing Felony DUI Charges?

Penalties for Felony DUI in Tennessee

The penalties for a felony DUI conviction vary depending on the offense but generally include significant fines, lengthy prison sentences, and long-term or permanent consequences. The different classes of felonies are mentioned below.

  • Class E Felony (fourth or subsequent DUI)

    • Imprisonment: 1 to 6 years

    • Fines: Up to $15,000

    • License revocation: Up to 8 years

    • Ignition Interlock Device (IID): Mandatory installation upon reinstatement of driving privileges

  • Class D Felony (vehicular assault)

    • Imprisonment: 2 to 12 years

    • Fines: Up to $5,000

    • License revocation: Up to 1 year (or longer, depending on circumstances)

  • Class B Felony (vehicular homicide)

    • Imprisonment: 8 to 30 years

    • Fines: Up to $25,000

    • License revocation: Up to 10 years

  • Class A Felony (aggravated vehicular homicide)

    • Imprisonment: 15 to 60 years

    • Fines: Up to $50,000

    • License revocation: Permanent revocation may apply

  • Child Endangerment

    • If the child sustains serious injury, the offense is classified as a Class D felony, with penalties including 2 to 12 years in prison. If the child is killed, the charge becomes a Class B felony.

Collateral Consequences of Felony DUI Convictions

A felony DUI conviction carries repercussions beyond criminal penalties, including:

  • Loss of civil rights: Convicted felons in Tennessee lose certain rights, such as the right to vote, serve on a jury, or own firearms.

  • Employment challenges: A felony record can severely limit employment opportunities, as many employers are reluctant to hire individuals with serious criminal convictions.

  • Impact on professional licenses: Felony DUI convictions can jeopardize professional licenses, including those required for legal, medical, and other specialized careers.

  • Increased insurance costs: Auto insurance premiums often skyrocket after a felony DUI conviction, and some insurance companies may refuse to provide coverage altogether.

  • Social stigma: A felony conviction can lead to social ostracization, impacting personal relationships and community standing.

These consequences can stay with a defendant for life. An experienced DUI attorney can help their client build a strong case with the potential to reduce charges and avoid long-term consequences.

Legal Defenses for Felony DUI Charges in Tennessee

Defending against a felony DUI charge requires a thorough understanding of Tennessee’s laws and a strategic approach. Common legal defenses for DUI charges in Tennessee include:

  • Challenging the traffic stop: If law enforcement lacked reasonable suspicion to initiate the traffic stop, evidence gathered thereafter may be inadmissible.

  • Disputing BAC results: Breathalyzer and blood test results can be challenged based on calibration errors, improper administration, or contamination.

  • Questioning field sobriety tests:  Field sobriety tests are subjective and prone to error. Demonstrating their unreliability can weaken the prosecution’s case.

  • Proving alternate causes: Factors such as medical conditions, prescription medications, or environmental conditions may explain signs of impairment unrelated to alcohol or drug use.

  • Negotiating plea agreements: In some cases, a skilled attorney may negotiate a plea deal to reduce a felony charge to a misdemeanor or secure alternative sentencing options.

The Need for Legal Representation

Given the severe consequences of a felony DUI conviction, securing experienced legal representation is critical. A skilled DUI attorney like William Pomeroy can:

  • Assess the case to identify potential defenses.

  • Represent the defendant in court proceedings and plea negotiations.

  • Advocate for reduced charges or alternative sentencing, such as rehabilitation programs.