Claiborne Ferguson is THE Memphis DUI lawyer, with his practice, the Claiborne Ferguson Law Firm in Memphis, Tennessee, devoted to DUI defense and capital murder cases. Both require a vast knowledge of science and law, which is why he has extensive training in both areas. In this article, he explains why DUI convictions carry mandatory jail time, at least in Tennessee.
If you are convicted driving under the influence, or DUI, in Tennessee, the short answer is yes, you will go to jail. A DUI conviction is one of the crimes that carries with it a mandatory jail term. If you murder somebody, you still have a chance of not going to jail. But under the current law in Tennessee, you are guaranteed for jail time if you are caught drinking and driving.
Furthermore, you can potentially have a murder charge erased from your record, but state law denies you that right when you have a DUI conviction. You can thank Mothers Against Drunk Driving for that, as well as the political backlash against DUIs. It has become a political issue more than anything else.
Here are the current jail times for DUI convictions in the state of Tennessee:
- Misdemeanor conviction for DUI: You are automatically sentenced to serve 11 months and 29 days in jail in Tennessee. However, 11 months and 27 days of that time can be suspended and served on probation, meaning that you would have to serve at least 48 hours in jail for a DUI. However, if you violate probation you could serve the entire 11 months 29 day sentence in jail.
- Second offense DUI: You have to serve at least 45 days in jail, and that’s 45 days of 100% jail time, with no early release, no good behavior, no weekend time. The remainder would be on probation.
- Third offense DUI: Carries an absolute minimum of 120 days 100% straight jail time, with the remainder being served on probation.
- Fourth offense DUI: These violations require a mandatory jail sentence of 150 days, a mandatory minimum sentence of one year in jail, with a possibility of up to six years in jail. The only other crimes which carry mandatory jail time in Tennessee are sex offender crimes, and first and second-degree murder. All other crimes the defendant is entitled to request the entire sentence to be served on probation.
Laws in most states are vstrict when it comes to DUI violation, as you can tell. If you think you can get off without serving any jail time whatsoever, you’re wrong.
