Tennessee DUI Insurance Laws

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Tennessee DUI Insurance Laws

via Car Insurance Comparison by Editor on 11/24/11

Driving under the influence is a serious crime. It can have long-term consequences for everyone involved. The victims of drunk drivers can suffer property losses, injuries and even death. The drivers themselves face jail time, higher car insurance costs and the possible loss of driving privileges. Compare auto insurance for FREE by entering your ZIP code!
States all across the nation have stiffened their drunk driving laws, and with good reason. Tennessee is no exception. In Tennessee alone, there were over 47,000 alcohol-related accidents between 2003 and 2007. In 2008, there were 386 driving fatalities that were attributed to drunk drivers. Compare state car insurance by entering your ZIP code!
Here is a brief outline of drunk-driving laws in Tennessee.

claims car insuranceDrunk Driving Defined

Drunk driving is simply defined by the BAC – Blood Alcohol Content – of the driver at the time of an incident. This is usually represented as a percentage indicating what actual proportion of a person's blood is alcohol. Research has shown that a BAC as low as .04 can seriously effect eye-hand coordination and decision making processes in the brain. At levels of .08, the probability of getting in an accident while driving increases sharply.
In recent years, many states have lowered the BAC a driver must have to be considered legally impaired. In Tennessee, if someone has a blood alcohol content of .08 or higher while driving, they will be charged with DUI, driving under the influence.

Implied Consent

In Tennessee, as in most states, if a driver is driving a vehicle on a public road, the law states that he has given his consent to to be tested for impairment. The consent is considered to be implied because it has not been expressly given. This means, if a law enforcement officer observes driving behavior that he suspects is caused by alcohol impairment, he can pull the driver over and administer tests to determine the driver's blood alcohol content. An officer may chose to administer a breath test for blood alcohol levels, a blood test or a urine test.
Refusal to submit to this kind of testing is sufficient grounds for being charged with a crime and could be grounds for the suspense or revocation of a person's driver's license. In Tennessee, the penalties for failing to submit to a chemical intoxication test are:

1. First Offense: license revocation for one year.
2. Second Offense: two years driver's license revocation.

Types of Offenses

Tennessee, like all states, recognizes different levels of culpability when driving under the influence. The severity of the crime is judged, roughly, by the number of repeat offenses, the blood-alcohol level of the offender and whether there were injuries, deaths, or property-loss caused by the incident. Compare Tennessee Car Insurance by entering your ZIP code into our FREE comparison tool!
Offenders are divided into three categories. Each category has its own definition and penalties.

1. First Time Offender. This is a driver who has never been convicted of drunk driving before, but who had a BAC of .08 or greater when stopped. Jail-time for this offense varies from 48 hours to 11 months, 29 days. If the driver's BAC was .2 or greater, there is a minimum jail time of seven consecutive days. Other penalties for this crime include, license revocation, mandatory participation in DUI school, and a $350 to $1,500 fine. Once towing costs, victim restitution, court costs and reinstatement fees are added up, the average first offense carries a price tag of $4,900.
2. Second Time DUI Offender. Penalties increase with repeat offenses. This crime can be punished with 45 days to 11 months, 29 days in jail. It also carries a mandatory fine of $600 to $3,500. The driver's vehicle may also be subject to seizure and he will be ordered to attend DUI school. He will also have to make financial restitution to any person who suffered personal injury or loss during the accident.
3. Third Time DUI Offender. The penalties for this offense include 120 days to 11 months, 29 days of jail time, $1,100 to $10,000 in mandatory fines and a three to 10 year loss of license, with no restricted license available. Third time offenders may also have to forfeit their vehicles.
4. Fourth and Subsequent Offender. This crime is considered a Class E Felony. A driver found guilty of this crime, can be forced to serve a year in jail with a minimum of 150 of those days served consecutively. He will also face a $3,000 to $15,000 mandatory fine, as well as the permanent loss of his vehicle and the loss of his driver's license for five years.

Special Circumstances

Crimes involving certain special circumstances are treated differently than other DUI convictions. These include:

1. Vehicular Assault. This is when another person is seriously injured by the DUI driver. This is considered a Class D Felony and can lead to license revocation of up to 5 years. In addition, drivers found guilty of vehicular assault face jail time ranging from two to 12 years, as well as fines and court costs.



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2. Child Endangerment. This is defined as driving under the influence with any passengers under the age of 13. This is also a Class D Felony and carries the possible penalty of two to four years jail time. If a child involved in the incident dies, this offense becomes a Class C Felony and jail time increases to three to six years. The offender's driver's license will be revoked, as well.
3. Vehicular Homicide. This is when a fatality is caused by the drunk driver. This is a Class B Felony. The drunk driver's license will be revoked for three to 10 years. No restricted license is available for those convicted of vehicular homicide.
4. Aggravated Vehicular Assault while Driving Intoxicated. This is a Class A Felony and will be invoked when the driver involved has had two or more prior DUI or vehicular assault convictions. This charge may also be used if a driver has had a prior conviction for vehicular homicide. If the driver's blood alcohol level is above .20 at the time of the offense, then only one prior DUI or vehicular assault offense is required to bring this charge.

New Laws

In January of 2011, the legislature of the state of Tennessee passed a new law requiring people convicted of driving under the influence to have vehicle ignition interlock devices installed in their cars. An ignition interlock is a device that is connected to a car's ignition system that will not allow the car to start unless the driver's blood alcohol levels are in the safe range. The BAC level is measured by a breath-alcohol analyzer. If it detects unsafe levels of alcohol, it will prevent the car from starting.
Even first-time offenders may be ordered to have an ignition interlock device installed and all drivers must pay the costs themselves. The cost of having an ignition interlock device in a car for a single year can exceed $800.

Insurance Requirements

Special insurance is required by the state of Tennessee after a DUI conviction. Called SR-22 insurance, this is high-risk insurance and is required for the three years following a drunk driving conviction. SR-22 insurance can be very expensive. Car insurance companies know that drivers needing this coverage are a high-risk group and will charge more to cover their financial risk.

Shopping for Insurance

Because of higher costs, drivers with a past record of DUI would be well advised to comparison shop when looking for insurance. The increase in premiums that insurance companies levy for DUI convictions vary wildly. Comparison shopping is the only way to find the best car insurance deal.

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Here are a few tips to keep in mind when choosing SR-22 insurance.

1. Is the insurance company reputable? Will they be there with service and support in case of an accident?
2. Does the policy they offer meet the state car insurance requirements? Be sure that the policy offers valid SR-22 coverage. Not carrying the right kind of policy would be a violation of the law.
3. Is the policy reasonably priced? The cheapest car insurance is not always the best. When looking at different policies, compare not only the bottom dollar, but also what coverage and services are offered for the price.

Moving Forward

While a drunk driving arrest can be financially painful as well as embarrassing, it is not the end of the world. Drivers who make the mistake of driving while under the influence, need to make proper restitution, serve their jail time if it is required, get the proper insurance coverage, and then move on with their lives. Compare auto rates by entering your ZIP and save on car insurance!

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