“DUI” means “driving under the influence,” which is driving drunk or while using drugs that might impair your ability to drive safely.
Any car accident has the potential to be serious or fatal, both for the driver, their passengers, and any other road user.
A DUI crash is no different.
Under Tennessee insurance law, the injured person’s expenses should be covered by the at-fault driver’s insurance (i.e. the driver who caused the accident). Therefore, the fact that one of the drivers was drunk will be important if you’re involved in a crash.
One reason why drunk driving accidents are so dangerous is because a drunk driver is unpredictable. Being prepared and understanding the signs of drunk driving can help you steer clear and keep yourself and your passengers safe.
The legal limit for alcohol consumption is a blood alcohol concentration (BAC) of 0.08%. However, there’s no “formula” or method to know your exact BAC because it’s affected by several factors. The only ways to accurately test BAC are using a breath test (commonly called a “Breathalyzer,” which is usually used by law enforcement), or a urine or blood test.
Your BAC can be affected by:
You can’t determine your BAC based on a chart or calculator. You also can’t judge your own BAC based on your friend’s BAC, or even your own BAC on a different day or at a different time. Many of the factors that affect BAC are variable (food, level of stress, medications, etc.), so the only way to guarantee that you’re within the legal BAC limit is not to drink any alcohol before you drive.
There are standard drink sizes in the U.S., and you might be able to somewhat predict your BAC based on the number of drinks consumed. The CDC says 14 grams of pure alcohol is the approximate amount a 160-pound man would need to drink in an hour in order to reach the BACs listed below.
A standard drink is:
1st offense |
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Jail time: Between 48 hours and 11 months, 29 days 7 consecutive days minimum for BAC higher than .20 |
License revocation: 1 year, restricted license available |
Mandatory treatment program |
Restitution paid to any person who was injured or suffered a property loss |
Fine: $350-$1,500 |
Additional fees: Towing, bail, attorney fees, high-risk insurance, court costs, and reinstatement fees could be up to $5,000 |
Ignition Interlock Device (IID): Minimum first-year costs could be more than $1,000 If 2 DUI convictions in 5 years, an ignition interlock device (IID) is required for 6 months at your expense |
2nd offense |
Jail time: 45 days to 11 months, 29 days |
Fine: $600-$3,500 |
License revocation: 2 years, restricted license available |
IID Installed at your expense If 2 DUI convictions in 5 years, IID is required for 6 months at your expense |
Restitution Paid to any person who suffered personal injury or loss |
3rd offense |
Jail time: 120 days to 11 months, 29 days |
Fine: $1,000-$10,000 |
License revocation: 6 years, restricted license available |
Vehicle seizure |
Alcohol and drug treatment program |
IID Installed at your expense If 2 DUI convictions in 5 years, IID is required for 6 months at your expense |
4th or subsequent offense |
Class E Felony |
Jail time: Up to 1 year, minimum 150 consecutive days served |
Fine: $3,000-$15,000 |
License revocation 8 years, restricted license available |
Vehicle seizure |
Alcohol and drug treatment program |
IID Installed at your expense If 2 DUI convictions in 5 years, IID is required for 6 months at your expense |
Vehicular assault: Serious injury to another person by an intoxicated driver |
Class D Felony |
Jail time: 2-12 years |
License revocation 1-5 years, no restricted license |
Fines and court costs |
DUI with passenger under 18 years old (child endangerment) |
Class D Felony if a child suffers serious injury Class B Felony if a child dies |
Jail time: 2-12 years for a class D felony 8-30 years for class B felony |
License revocation |
Vehicular homicide (fatal crash caused by DUI with .08 BAC or higher) |
Class B Felony |
License revocation: 3-10 years, no restricted license |
Aggravated vehicular assault with DUI (any combination of 2 or more prior DUI convictions and vehicular assault convictions) |
Class A Felony |
1 prior vehicular homicide |
BAC of .20 or higher at the time of vehicular homicide with one prior DUI or vehicular assault offense |
Underage possession of alcohol |
License suspension: 1 year or until age 17 (whichever is longer) for 1st offense 2 years or until age 18 (whichever is longer) for 2nd offense Restricted license on 1st offense at court’s discretion, but must serve 1 year of license suspension before restricted license on 2nd offense |
Driving while impaired (minor) |
License revocation: 1 year, no restricted license Fine: $250 Community service Could be ordered by the court |
If you were injured in a drunk driving accident, you need to know a few things:
A crime or traffic-related offense is handled by law enforcement. You might be called as a witness at trial, but only the government (law enforcement) can pursue a DUI charge related to an accident.
Your lawsuit won’t result in a person’s being charged with a crime, serving jail time, community service, or any other penalty. It’s a civil matter that can be resolved by the court system and can result in your receiving a damage award (financial) for the amount of your expenses related to the accident.
You might feel like you deserve justice—and rightfully so—but the way the court system is set up, the criminal courts are separate from civil courts, which means your recourse as a private citizen is financial damages.
Tennessee is an at-fault state. That means that an injured driver makes a claim against the insurance company for the driver who was liable (at fault) for the accident. However, most car insurance policies don’t cover an accident caused by intentional conduct.
Some insurers have the policy that you chose to drink and chose to drive, which means a DUI accident is intentional since the driver should’ve known that drinking and driving is dangerous and is likely to harm another person.
But that doesn’t mean that a victim is left high and dry. If you have an uninsured motorist policy, you can use that to pursue your claim. If it’s not enough, you’ll have to file a lawsuit in order to recover costs.
Like any personal injury lawsuit, that depends on 3 factors:
Under specific conditions, a person injured in a DUI accident might be able to make a personal injury claim against the vendor who sold alcohol to the driver who caused the accident. A claim under the state’s Dram Shop Law can be pursued in Tennessee if:
There is no civil social host law in Tennessee as there are in other states. A host who serves alcohol is not liable for drunk driving injuries caused by an impaired driver who was served at their home. However, the host might be criminally responsible if they provided alcohol to minors, but the injured person cannot file a civil lawsuit against the host on that basis.
If you’re involved in an accident and you suspect the driver is drunk, don’t confront the person on your own. Call the police—that’s their job and they’re trained to handle the situation.
However, if you have reason to believe that the person is drunk, you can look for these signs and inform the responding police officer:
Some of these clues might happen before police arrive on the scene, so they won’t know unless you tell them. The police officer will then determine whether further action is needed.
Finally, call a lawyer. Since insurance isn’t as straightforward with a DUI, you don’t want to miss the opportunity to file a claim or file for an amount of money that’s less than you deserve.