Tennessee has mandatory minimum penalties for anyone convicted or pleading guilty to first time or subsequent DUI offenses. If your blood alcohol content or BAC is greater than .08% you are technically impaired to the point that you cannot safely operate a motor vehicle.  So the BAC legal limit in Tennessee is .08% however the District Attorney may choose to prosecute you for DUI even if you fall under the legal BAC limit under certain circumstances.

     In Tennessee, what constitutes a Driving Under the Influence ("DUI") charge is defined in Tennessee Code Annotated § 55-10-401 as follows:

     It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, any shopping center, trailer park, apartment house complex or any other location which is generally frequented by the public at large, while:

    [1]  Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise possess;

      [2]  The alcohol concentration in the person's blood or breath is eight-hundredths of one percent (0.08%) or more; or

    [3]  With a blood alcohol concentration of four-hundredths of one percent (0.04%) and the vehicle is a commercial motor vehicle as defined at § 55-50-102.

     So speak to a knowlegeable DUI lawyer to assist you in handling the complex charges associated with DUI.


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