Can I get Probation for a DUI?

If convicted of DUI in Nashville, other than extremely rare circumstances, you will spend some time in jail. And first-time offenders are not an exception.

However, the criminal defense attorneys at Herbert and Lux Attorneys at Law are here to help. We’ll fight vigorously for your rights, using our years of experience to craft a strong defense.

Tennessee Criminal Law

Tennessee criminal law states that all DUI convictions carry mandatory minimum jail time. First offenders are sentenced to 48 hours in jail, (unless BAC is .20 or higher, in which case the minimum is 7 days) and a maximum of 11 months and 29 days.

Multiple Offences

Second and third DUI convictions carry a mandatory minimum sentence of 45 and 120 days, respectively, and up to 11 months and 29 days in jail. A fourth DUI, and any subsequent DUIs, upgrades the charge to a Class E felony, punishable by 150 days to one year in prison.

Potential Length of Sentence

The length of the sentence is dependent on other factors too, such as previous criminal history, whether or not other people experienced injuries as a result of the DUI, and whether or not other passengers, such as children, were put in danger.

Provided the offender serves the minimum jail time, the judge can suspend the remainder of any jail time and order probation.

Tennessee law allows judges to reduce a DUI charge to a lesser offense in some cases, and the conviction, as well as incarceration, is avoided.

Criminal Record – a lasting blemish

Whether you serve jail time or not, a DUI conviction remains on your criminal record forever in Tennessee. The minimum fine for a DUI first-offense is $350 and it ranges up to $15,000 for a felony DUI. A DUI conviction always results in a suspended or revoked driver’s license, and sometimes installation of an interlock device on your vehicle. The length of the suspension or revocation, as well as the length of time the interlock would be required, depends on the facts of your particular DUI case.

Mandatory Probation

Probation is mandatory following completion of ordered jail time. Probation is typically 11 months and 29 days for first, second, and third offenses, minus any days in jail. For fourth or subsequent DUIs, probation can range from one to six years. The judge sets conditions for your probation, which usually includes staying away from alcohol and drugs, performing community service, and attending drug and alcohol abuse classes. Typically you will be required to submit to drug and alcohol testing during probation.

If you fail to meet any of the conditions set in place by the judge, your probation could be revoked, in which case you would serve the remainder of your sentence in jail. A DUI is a serious offense that is not prosecuted lightly in the state of Tennessee.

Get the Representation that you Deserve

If you find yourself in the unfortunate situation of having to defend against DUI charges in Nashville, TN, you need an experienced legal team to help you achieve the best possible outcome.

At Herbert and Lux Attorneys at Law, our firm fights hard for our clients, working to establish a vigorous defense aimed at helping you achieve the best possible outcome.

Give us a call today to discuss your case and see if our criminal defense attorneys are the right fit to represent you in your DUI case.