- (a) A person convicted for a violation of § 55-10-401, shall be fined as follows:
- (1) For a first offense, the person shall be fined not less than three hundred fifty dollars ($350) nor more than one thousand five hundred dollars ($1,500);
- (2) For a second offense, the person shall be fined not less than six hundred dollars ($600) nor more than three thousand five hundred dollars ($3,500);
- (3) For a third offense, the person shall be fined not less than one thousand one hundred dollars ($1,100) nor more than ten thousand dollars ($10,000);
- (4) For a fourth or subsequent offense, the person shall be fined not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000); and
- (5) For any offense while accompanied by a child under eighteen (18) years of age, the person shall be fined one thousand dollars ($1,000) in addition to the fine for the DUI offense.
- (b) Unless the judge, using the applicable criteria set out in § 40-14-202(b), determines that a person convicted of violating § 55-10-401 is indigent, the minimum applicable fine shall be mandatory and shall not be subject to reduction or suspension. All fines are to be paid on the date sentence is imposed unless the court makes an affirmative finding that the defendant lacks a present ability to pay. The court shall then order a date certain before which payment shall be made. Should the defendant fail to comply with the order of the court, the clerk shall notify the court of the failure for further proceedings.
- (c) The minimum and maximum fines for driving under the influence of an intoxicant shall continue to be collected and distributed as they were prior to July 1, 2013.
- (d) The payment of restitution to any person suffering physical injury or personal losses as the result of such offense, if such person is economically capable of making such restitution, shall be imposed as a condition of probation under § 55-10-410.
Amended by 2013 Tenn. Acts, ch. 154, s 3, eff. 7/1/2013.
Acts 1953, ch. 202, § 5 (Williams, § 10830.6); Acts 1955, ch. 100, § 1; 1961, ch. 89, § 1; 1970, ch. 504, §§ 1, 2; 1971, ch. 135, § 2; 1971, ch. 275, § 1; 1973, ch. 64, § 2; 1974, ch. 748, § 32; T.C.A. (orig. ed.), § 59-1035; Acts 1980, ch. 817, § 4; 1981, ch. 350, § 1; 1981, ch. 443, § 1; 1982, ch. 891, §§ 1, 2; 1983, ch. 198, § 1; 1984, ch. 597, §§ 1, 2; 1986, ch. 842, § 13; 1987, ch. 431, § 1; 1988, ch. 969, § 1; 1989, ch. 547, § 1; 1989, ch. 591, §§ 111, 116; 1990, ch. 973, §§ 1, 2; 1990, ch. 992, § 2; 1990, ch. 1081, § 1; 1991, ch. 261, § 1; 1991, ch. 355, §§ 1, 2; 1991, ch. 502, § 3; 1992, ch. 653, § 1; 1992, ch. 773, § 1; 1992, ch. 975, § 1; 1993, ch. 123, §§ 1-5; 1993, ch. 272, § 1; 1993, ch. 516, §§ 1, 2; 1994, ch. 840, § 1; 1994, ch. 948, §§ 1-3; 1995, ch. 524, §§ 1, 2; 1996, ch. 910, § 1; 1998, ch. 926, § 1; 1998, ch. 986, § 3; 1998, ch. 1046, §§ 1, 2, 5, 6; 2000, ch. 863, §§ 1, 2; 2000, ch. 867, § 1; 2000, ch. 947, § 8N; 2002, ch. 546, §§ 1, 2; 2002, ch. 789, § 1; 2002, ch. 855, §§ 1, 5, 6, 11 - 13; 2005, ch. 239, §§ 1, 2; 2005, ch. 437, § 1; 2005, ch. 504, §§ 1, 2; 2006, ch. 880, §§ 1 - 3; 2006, ch. 983, § 1; 2007 , ch. 171, § 1; 2008 , ch. 978, § 1; 2008 , ch. 1018, § 1; 2008 , ch. 1177, § 1; 2009 , ch. 186, §§ 7, 49; 2010 , ch. 921, §§ 3-9; 2010 , ch. 1080, § 1; 2010 , ch. 1100, § 89; 2011 , ch. 298, §§ 1, 5-7; 2011 , ch. 379, §§ 1, 2; 2012 , ch. 575, §§ 1, 2; 2012 , ch. 727, § 57; 2012 , ch. 848, § 59; 2012 , ch. 919, § 1; 2012 , ch. 977, § 1.
Notes of Decisions
Cited in
228
cases (
2 in the last 5 years), 1982–2025 · leading case:
State v. Troutman, 979 S.W.2d 271 (Tenn. 1998).
State v. Troutman, 979 S.W.2d 271 (Tenn. 1998).
· cites it 16× “[1] ANALYSIS The penalties for violations of our DUI laws are codified at Tenn.Code Ann. § 55-10-403. The defendant was convicted of third offense DUI.”
State v. McKnight, 51 S.W.3d 559 (Tenn. 2001).
· cites it 14× “Because, however, of our holding that the rule expressed in Walker has been abrogated in DUI cases by the enactment of Tenn.Code Ann. § 55-10-403, we need not decide this issue.”
State v. Humphreys, 70 S.W.3d 752 (Tenn. Crim. App. 2001).
· cites it 9× “” Tenn. Code Ann. § 55-10-403 (a)(l). However, the minimum period of confinement for a defendant, convicted of DUI first offense, having, at the time of the offense, a blood alcohol content of twenty hundredths of one percent (.”
State v. Palmer, 902 S.W.2d 391 (Tenn. 1995).
· cites it 10× “” Tenn. Code Ann. § 55-10-403 (a)(l) (1994 Supp.”
State v. Nash, 294 S.W.3d 541 (Tenn. 2009).
· cites it 8× “See Tenn.Code Ann. § 55-10-403(a)(l)(A)(vi) (2004).”
State v. McClintock, 732 S.W.2d 268 (Tenn. 1987).
· cites it 10× “Defendant, Robert McClintock, voluntarily entered a plea of guilty to DUI; his sentence was enhanced by the trial court under T.C.A. § 55-10-403 on the basis of a prior DUI conviction.”
Brown v. Knox Cnty., 39 S.W.3d 585 (Tenn. Ct. App. 2000).
· cites it 38× “The plaintiff, who had earlier been convicted of driving under the influence of an intoxicant (“DUI”), contends that there is no statutory authority for imposing jail fees on individuals found guilty of violating the DUI statute, T.C.A. § 55-10-403, unless the jail fees exceed…”
State v. Butler, 108 S.W.3d 845 (Tenn. 2003).
· cites it 8× “Following further deliberation, the jury found the defendant guilty of driving under the influence, fourth offense, see Tennessee Code Annotated section 55-10-403(a)(1) (1998 & Supp.2002), and imposed a fine of $15,000.”
State v. Thompson, 131 S.W.3d 923 (Tenn. Crim. App. 2003).
· cites it 7× “Tenn.Code Ann. § 55-10-403(g)(3) (Supp. 2002) (emphasis added).”
State v. Martin, 146 S.W.3d 64 (Tenn. Crim. App. 2004).
· cites it 14× “T.C.A. § 55-10-403. However, the General Assembly at T.”
State v. Conner, 919 S.W.2d 48 (Tenn. Crim. App. 1995).
· cites it 10× “Tenn.Code Ann. § 55-10-403 (1994 Supp.). The statute specifically provides that its penalties are not to be modified or reduced by any contrary provisions of the 1989 Criminal Sentencing Reform Act.”
State v. Haddon, 109 S.W.3d 382 (Tenn. Crim. App. 2002).
· cites it 18× “The indictment, in compliance with Tennessee Code Annotated section 55-10-403(g)(2) (Supp.2001), alleged that Defendant had previously been convicted of DUI on October 19, 1995, in the Circuit Court of Franklin County.”
— Tenn. Code Ann. § 55-10-403(B)(1) — 1 case
— Tenn. Code Ann. § 55-10-403(a) — 13 cases
State v. Nash, 294 S.W.3d 541 (Tenn. 2009).
“See Tenn.Code Ann. § 55-10-403(a)(l)(A)(vi) (2004).”
— Tenn. Code Ann. § 55-10-403(a)(1) — 51 cases
State v. Troutman, 979 S.W.2d 271 (Tenn. 1998).
“[1] ANALYSIS The penalties for violations of our DUI laws are codified at Tenn.Code Ann. § 55-10-403. The defendant was convicted of third offense DUI.”
State v. Humphreys, 70 S.W.3d 752 (Tenn. Crim. App. 2001).
“” Tenn. Code Ann. § 55-10-403 (a)(l). However, the minimum period of confinement for a defendant, convicted of DUI first offense, having, at the time of the offense, a blood alcohol content of twenty hundredths of one percent (.”
State v. Butler, 108 S.W.3d 845 (Tenn. 2003).
“Following further deliberation, the jury found the defendant guilty of driving under the influence, fourth offense, see Tennessee Code Annotated section 55-10-403(a)(1) (1998 & Supp.2002), and imposed a fine of $15,000.”
— Tenn. Code Ann. § 55-10-403(a)(1)(A) — 5 cases
State v. Nash, 294 S.W.3d 541 (Tenn. 2009).
“See Tenn.Code Ann. § 55-10-403(a)(l)(A)(vi) (2004).”
— Tenn. Code Ann. § 55-10-403(a)(1)(A)(i) — 3 cases
— Tenn. Code Ann. § 55-10-403(a)(1)(A)(iv) — 3 cases
— Tenn. Code Ann. § 55-10-403(a)(1)(A)(v) — 2 cases
— Tenn. Code Ann. § 55-10-403(a)(1)(A)(vi) — 2 cases
— Tenn. Code Ann. § 55-10-403(a)(2) — 1 case
Brown v. Knox Cnty., 39 S.W.3d 585 (Tenn. Ct. App. 2000).
“The plaintiff, who had earlier been convicted of driving under the influence of an intoxicant (“DUI”), contends that there is no statutory authority for imposing jail fees on individuals found guilty of violating the DUI statute, T.C.A. § 55-10-403, unless the jail fees exceed…”
— Tenn. Code Ann. § 55-10-403(a)(3) — 15 cases
State v. Butler, 108 S.W.3d 845 (Tenn. 2003).
“Following further deliberation, the jury found the defendant guilty of driving under the influence, fourth offense, see Tennessee Code Annotated section 55-10-403(a)(1) (1998 & Supp.2002), and imposed a fine of $15,000.”
— Tenn. Code Ann. § 55-10-403(a)(4) — 1 case
— Tenn. Code Ann. § 55-10-403(a)(i)(A)(iv) — 1 case
— Tenn. Code Ann. § 55-10-403(a)(l) — 19 cases
State v. Troutman, 979 S.W.2d 271 (Tenn. 1998).
“[1] ANALYSIS The penalties for violations of our DUI laws are codified at Tenn.Code Ann. § 55-10-403. The defendant was convicted of third offense DUI.”
State v. Humphreys, 70 S.W.3d 752 (Tenn. Crim. App. 2001).
“” Tenn. Code Ann. § 55-10-403 (a)(l). However, the minimum period of confinement for a defendant, convicted of DUI first offense, having, at the time of the offense, a blood alcohol content of twenty hundredths of one percent (.”
State v. Palmer, 902 S.W.2d 391 (Tenn. 1995).
“” Tenn. Code Ann. § 55-10-403 (a)(l) (1994 Supp.”
State v. Butler, 108 S.W.3d 845 (Tenn. 2003).
“Following further deliberation, the jury found the defendant guilty of driving under the influence, fourth offense, see Tennessee Code Annotated section 55-10-403(a)(1) (1998 & Supp.2002), and imposed a fine of $15,000.”
— Tenn. Code Ann. § 55-10-403(a)(l)(1993) — 1 case
— Tenn. Code Ann. § 55-10-403(a)(l)(A)(vi) — 1 case
State v. Nash, 294 S.W.3d 541 (Tenn. 2009).
“See Tenn.Code Ann. § 55-10-403(a)(l)(A)(vi) (2004).”
— Tenn. Code Ann. § 55-10-403(b)(1) — 9 cases
— Tenn. Code Ann. § 55-10-403(b)(2) — 2 cases
— Tenn. Code Ann. § 55-10-403(b)(2)(1986) — 1 case
— Tenn. Code Ann. § 55-10-403(b)(l) — 4 cases
— Tenn. Code Ann. § 55-10-403(c) — 16 cases
State v. Troutman, 979 S.W.2d 271 (Tenn. 1998).
“[1] ANALYSIS The penalties for violations of our DUI laws are codified at Tenn.Code Ann. § 55-10-403. The defendant was convicted of third offense DUI.”
State v. Humphreys, 70 S.W.3d 752 (Tenn. Crim. App. 2001).
“” Tenn. Code Ann. § 55-10-403 (a)(l). However, the minimum period of confinement for a defendant, convicted of DUI first offense, having, at the time of the offense, a blood alcohol content of twenty hundredths of one percent (.”
— Tenn. Code Ann. § 55-10-403(c)(1) — 1 case
— Tenn. Code Ann. § 55-10-403(c)(1)(A)(i) — 2 cases
— Tenn. Code Ann. § 55-10-403(c)(2) — 1 case
— Tenn. Code Ann. § 55-10-403(d) — 3 cases
— Tenn. Code Ann. § 55-10-403(d)(1) — 1 case
— Tenn. Code Ann. § 55-10-403(d)(l) — 2 cases
— Tenn. Code Ann. § 55-10-403(e) — 1 case
— Tenn. Code Ann. § 55-10-403(g) — 3 cases
— Tenn. Code Ann. § 55-10-403(g)(1) — 3 cases
— Tenn. Code Ann. § 55-10-403(g)(2) — 7 cases
State v. Haddon, 109 S.W.3d 382 (Tenn. Crim. App. 2002).
“The indictment, in compliance with Tennessee Code Annotated section 55-10-403(g)(2) (Supp.2001), alleged that Defendant had previously been convicted of DUI on October 19, 1995, in the Circuit Court of Franklin County.”
— Tenn. Code Ann. § 55-10-403(g)(3) — 3 cases
State v. Haddon, 109 S.W.3d 382 (Tenn. Crim. App. 2002).
“The indictment, in compliance with Tennessee Code Annotated section 55-10-403(g)(2) (Supp.2001), alleged that Defendant had previously been convicted of DUI on October 19, 1995, in the Circuit Court of Franklin County.”
State v. Thompson, 131 S.W.3d 923 (Tenn. Crim. App. 2003).
“Tenn.Code Ann. § 55-10-403(g)(3) (Supp. 2002) (emphasis added).”
— Tenn. Code Ann. § 55-10-403(g)(3)(A) — 2 cases
— Tenn. Code Ann. § 55-10-403(g)(3)(H) — 1 case
State v. Haddon, 109 S.W.3d 382 (Tenn. Crim. App. 2002).
“The indictment, in compliance with Tennessee Code Annotated section 55-10-403(g)(2) (Supp.2001), alleged that Defendant had previously been convicted of DUI on October 19, 1995, in the Circuit Court of Franklin County.”
— Tenn. Code Ann. § 55-10-403(g)(3)(ii) — 4 cases
State v. Thompson, 131 S.W.3d 923 (Tenn. Crim. App. 2003).
“Tenn.Code Ann. § 55-10-403(g)(3) (Supp. 2002) (emphasis added).”
State v. Haddon, 109 S.W.3d 382 (Tenn. Crim. App. 2002).
“The indictment, in compliance with Tennessee Code Annotated section 55-10-403(g)(2) (Supp.2001), alleged that Defendant had previously been convicted of DUI on October 19, 1995, in the Circuit Court of Franklin County.”
— Tenn. Code Ann. § 55-10-403(h) — 2 cases
— Tenn. Code Ann. § 55-10-403(k) — 3 cases
— Tenn. Code Ann. § 55-10-403(k)(1) — 2 cases
— Tenn. Code Ann. § 55-10-403(k)(l) — 1 case
— Tenn. Code Ann. § 55-10-403(k)(l)(3) — 1 case
— Tenn. Code Ann. § 55-10-403(m) — 12 cases
State v. Martin, 146 S.W.3d 64 (Tenn. Crim. App. 2004).
“T.C.A. § 55-10-403. However, the General Assembly at T.”
State v. Palmer, 902 S.W.2d 391 (Tenn. 1995).
“” Tenn. Code Ann. § 55-10-403 (a)(l) (1994 Supp.”
State v. Conner, 919 S.W.2d 48 (Tenn. Crim. App. 1995).
“Tenn.Code Ann. § 55-10-403 (1994 Supp.). The statute specifically provides that its penalties are not to be modified or reduced by any contrary provisions of the 1989 Criminal Sentencing Reform Act.”
State v. Troutman, 979 S.W.2d 271 (Tenn. 1998).
“[1] ANALYSIS The penalties for violations of our DUI laws are codified at Tenn.Code Ann. § 55-10-403. The defendant was convicted of third offense DUI.”
— Tenn. Code Ann. § 55-10-403(n) — 2 cases
— Tenn. Code Ann. § 55-10-403(p)(3) — 1 case
State v. McKnight, 51 S.W.3d 559 (Tenn. 2001).
“Because, however, of our holding that the rule expressed in Walker has been abrogated in DUI cases by the enactment of Tenn.Code Ann. § 55-10-403, we need not decide this issue.”
— Tenn. Code Ann. § 55-10-403(p)(l) — 1 case
State v. McKnight, 51 S.W.3d 559 (Tenn. 2001).
“Because, however, of our holding that the rule expressed in Walker has been abrogated in DUI cases by the enactment of Tenn.Code Ann. § 55-10-403, we need not decide this issue.”
— Tenn. Code Ann. § 55-10-403(s) — 1 case
— Tenn. Code Ann. § 55-10-403(s)(1) — 3 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.