Aggravated DUI in Tennessee

I’m a Nashville Tennessee DUI attorney and posting content about DUI cases can be tricky because the law changes nearly every year in some fashion or another.  But this page is posted in the spring of 2025.  Be sure to consult an attorney like Nashville DUI Attorney David Ridings for the most up to date information and advice.

In Tennessee, aggravated DUI doesn’t really exist by that name, per se.  But there is “aggravated” punishment for certain DUIs depending on the facts.  The term “aggravated” refers to certain circumstances that elevate the seriousness of the offense, such as having a high blood alcohol concentration (BAC), causing injury or death to another person, having a minor in the car while impaired, or having a previous DUI conviction.

Key Factors that Lead to Aggravated DUI in Tennessee:

1. High BAC: If you are caught driving with a BAC of 0.15% or higher, it may lead to aggravated DUI penalties. This standard used to be over a 0.20% or higher, but changed in 2024 to be 0.15%.  This is still above the legal limit of 0.08%, but not as high as it used to be.  Having a blood alcohol level of 0.15% is not hard to do, folks.  Consult with a good DUI attorney like David Ridings if you are in this situation.
2. Injury or Death: If your DUI leads to serious injury or death of another person, the penalties are aggravated. This would result in felony charges.
3. Prior DUI Convictions: A repeat offender with prior DUI convictions may face aggravated DUI penalties.
4. Having a minor in the car: An offender arrested with a minor in the car can face a mandatory minimum jail sentence of 30 days instead of 2 days.  So the penalties for such are aggravated and more severe.

Why You Need a Criminal Defense Attorney:

Aggravated DUI penalties come with very serious DUI offenses.  They can result in significant consequences, including:

• Longer license suspension
• Lengthier jail sentences
• Greater Fines
• Increased penalties if there are injuries or deaths

A criminal defense attorney can help in the following ways:

1. Navigating Complex Legal Issues: Aggravated DUI cases often involve complex legal issues, including whether the circumstances (such as BAC level or injury) truly meet the criteria for aggravation. A lawyer can analyze the evidence and challenge elements of the case that might be flawed or improperly applied.
2. Negotiating Plea Deals: A skilled attorney may be able to negotiate a plea deal that could reduce the severity of the penalties or even get charges reduced.
3. Protecting Your Rights: Law enforcement may have violated your rights during the arrest, or the evidence might have been mishandled. A criminal defense attorney will look for any inconsistencies or violations of your constitutional rights.
4. Investigating the Incident: Your attorney can thoroughly investigate the circumstances of the DUI, including the accuracy of sobriety tests or whether the officer had probable cause for the stop.
5. Minimizing Consequences: Even if the case is strong, an attorney can argue for reduced charges or penalties. In some cases, they may work to have you enrolled in diversion programs, alcohol counseling, or probation instead of jail time.

Having a criminal defense attorney like Nashville DUI Attorney David Ridings can significantly increase the chances of a favorable outcome, whether that means a reduced sentence or a dismissal of charges. The consequences of an aggravated DUI are severe, and legal representation is crucial to ensure that your rights are protected and you receive the best possible defense.