How Do Prior Convictions Impact Sentencing in Felony DUI Cases?
Felony DUI cases are treated seriously by the criminal justice system, especially when prior convictions are involved. When someone with a history of driving under the influence (DUI) offenses faces a felony charge, the impact of their past convictions can significantly affect their sentencing.
In Nashville, Tennessee, where DUI laws are strict, a person’s prior criminal record plays a crucial role in how they’ll be sentenced if convicted of a felony DUI. A criminal defense attorney must carefully assess a defendant's history, the details of the current offense, and state laws to formulate a strategy that seeks to minimize the impact of prior convictions.
At Moreland Law Firm, we’ll explore how prior convictions affect sentencing in felony DUI cases, with a particular focus on Tennessee.
We will also look at the different types of prior convictions, how these convictions influence the length of potential sentences, and how a criminal defense attorney can approach these cases to potentially reduce penalties.
DUI Laws in Tennessee
Tennessee’s DUI laws are stringent, and repeat offenders face progressively harsher penalties. Under Tennessee law, a first-offense DUI is typically classified as a misdemeanor, but subsequent offenses can lead to felony charges.
If a person is convicted of DUI multiple times within a specified period, they may face felony charges, especially if there are aggravating factors such as accidents, injuries, or prior DUI convictions.
For example, a second DUI offense within 10 years in Tennessee can result in enhanced penalties, such as longer license suspensions, mandatory alcohol education, and increased fines. When the offense reaches a third DUI conviction within 10 years, it can lead to felony charges, according to Tennessee’s Department of Homeland Security.
At that point, the previous DUI convictions will play a pivotal role in determining the severity of the sentencing. A criminal defense attorney would need to assess the defendant’s past history of offenses and build a defense that either mitigates or minimizes the impact of prior convictions. These convictions carry serious weight in the final judgment.
What Constitutes a Prior Conviction?
In the context of felony DUI cases, a "prior conviction" refers to any previous criminal convictions that are relevant to the current charge. This could include:
DUI convictions
Other alcohol-related offenses such as vehicular manslaughter or reckless driving while intoxicated
Felony convictions for any other offense that could affect the sentencing, such as drug offenses or violent crimes
Tennessee law doesn’t limit the impact of just DUI convictions. Any conviction in the defendant’s past could influence the judge’s decision during sentencing for a felony DUI case, particularly when it comes to determining whether the defendant is a repeat offender or poses a greater risk to the public.
A criminal defense attorney must carefully consider how previous charges and convictions will be presented in court. Prior convictions may not only affect sentencing but could also play a role in discussions around plea bargaining or sentencing negotiations.
Impact of Prior Convictions on Sentencing
Prior convictions in felony DUI cases significantly increase the severity of the penalties a defendant faces. In Tennessee, a person with a prior conviction for DUI could see a considerable increase in their sentence if they’re convicted again for driving under the influence. The penalties for felony DUI offenses include:
A longer period of imprisonment
Larger fines
Extended periods of license suspension
A mandatory alcohol or drug treatment program
A criminal defense attorney will work to either reduce the number of prior convictions that can be counted against the defendant or argue for lesser penalties if the defendant’s past criminal record can be mitigated.
However, there are strict rules about how far back prior offenses are considered. In Tennessee, a DUI conviction from more than 10 years ago may not always influence the sentencing for a current felony DUI charge.
Even if the prior conviction is older, it can still be used to show that the defendant has a history of poor decision-making when it comes to alcohol or drug use. This can play a significant role in a judge’s determination of the defendant’s likelihood of re-offending or their potential to cause harm in the future.
Aggravating Factors in Felony DUI Cases
Prior convictions aren’t the only factor that will influence sentencing in felony DUI cases. Several aggravating factors can increase the penalties associated with a DUI conviction in Tennessee. These can include:
Causing bodily injury or death while driving under the influence
Having a high blood alcohol concentration (BAC) at the time of arrest
Driving with a child passenger under 18 years old
Prior felony convictions related to DUI offenses
For a defendant with multiple prior DUI convictions, these aggravating factors could increase the prison sentence and lead to harsher penalties. A criminal defense attorney will assess the presence of any aggravating factors and determine how they might influence sentencing.
If a defendant has a history of causing accidents or injuries while intoxicated, the court may consider these factors as evidence that the defendant is a repeat offender who poses a significant risk to public safety. In such cases, the potential sentence may be much higher.
Tennessee’s DUI Penalties and Sentencing Guidelines
The severity of DUI penalties in Tennessee increases with the number of prior convictions. Below is a general outline of how Tennessee handles felony DUI cases based on prior convictions:
First offense: Misdemeanor, punishable by up to 11 months and 29 days in jail, fines, license suspension, and alcohol education classes.
Second offense: Misdemeanor, punishable by up to one year in jail, increased fines, longer license suspension, and mandatory alcohol treatment.
Third offense: Felony, punishable by three to six years in prison, higher fines, extended license suspension, mandatory treatment, and possible vehicle forfeiture.
Fourth offense: Felony, punishable by eight to 12 years in prison, fines, extended license suspension, and mandatory alcohol treatment.
If the defendant has more than one prior felony DUI conviction, the potential prison sentence increases significantly, as does the severity of other penalties.
A criminal defense attorney familiar with the nuances of Tennessee law will work to challenge the prosecutor’s arguments about prior convictions or seek to present mitigating evidence that could reduce the impact of those convictions on sentencing.
Defending Against the Impact of Prior Convictions
One of the main strategies a criminal defense attorney may use in cases with prior DUI convictions is to argue that the defendant has made positive changes since the prior conviction.
Demonstrating rehabilitation, such as enrollment in an alcohol treatment program, consistent employment, or positive character references, can sometimes convince the judge to show leniency.
Another possible approach is to challenge the validity of prior convictions. In some cases, a criminal defense attorney may argue that the previous conviction was made under circumstances that don’t meet the legal standard for DUI.
If successful, this could prevent the prior conviction from being considered during sentencing. Additionally, the defense may seek to present the prior conviction in a way that minimizes its impact. For example, if a prior conviction occurred many years ago, the defense may argue that it’s not relevant to the defendant’s current situation and shouldn’t influence sentencing.
Sentencing Alternatives and Plea Bargaining
In some cases, a criminal defense attorney may be able to negotiate a plea deal that reduces the charges or penalties related to prior convictions. Plea bargaining could result in a sentence that’s less severe than the maximum penalties allowed under Tennessee law, especially if the defense attorney can argue that the defendant has demonstrated rehabilitation or remorse.
Alternative sentencing options, such as community service, house arrest, or probation, may also be possible for some defendants with prior convictions. While these options are less common in felony DUI cases, they may be available if the defendant is able to show that they’re unlikely to re-offend or cause further harm.
Contact Our Firm Today
The impact of prior convictions on sentencing in felony DUI cases in Tennessee is significant. A skilled criminal defense attorney will consider all of these elements in formulating a defense strategy that aims to protect the defendant’s rights while minimizing potential penalties.
Our firm serves clients in Nashville, Tennessee, as well as Franklin, Murfreesboro, Lebanon, Columbia, and Dickson. Reach out to the Moreland Law Firm today to schedule a consultation.