Definition of DUI
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:
- 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;
- The alcohol concentration in the person's blood or breath is eight-hundredths of one percent (0.08%) or more; or
- 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 what does that really mean?
In layman's terms, you can be charged with a DUI if you are driving, operating or in control of a motor vehicle while under the influence of alcohol or drugs to the point that your ability to drive is impaired. In Tennessee the legal limit for blood alcohol content (BAC) is 0.08%. If you are driving a commercial vehicle, then the legal BAC limit is 0.04%. There is no defined legal limit for the amount of drugs or narcotics in your system.
If you have been charged with a DUI, contact one of our experienced Murfreesboro and Smyrna DUI Lawyers for a free consult. We will discuss all of the aspects of your case and explain potential defenses to your DUI charge.