2025 has brought about many changes to the way we do business as jurists in Tennessee, and notably, with how we treat DUI cases in terms of sentencing.  The General Assembly has raised the standards on Enhanced DUI cases, and it is imperative we understand what this means for us as Judges in our daily work.

 

As of July 1, 2025, an Enhanced DUI is now defined under Tenn. Code Ann. §55-10-402 (a)(1)(B) as having a BAC Level of 0.15, which is a 25% decrease from the prior standard of 0.20 that was in effect prior to July 1, 2025.  The minimum sentence for an Enhanced DUI 1^st Offense is still no less than seven (7) consecutive days in jail for these instances as the General Assembly only changed the BAC levels for an Enhanced DUI; not the minimum sentence.

 

With this change, I would note two interesting points that were not addressed by the General Assembly that we as judges can take into account when dealing with sentencing of Enhanced DUI Offenders in our courtrooms:

 

• The General Assembly did not include any language pertaining to enhancing a DUI 1^st Offense sentence when the impairment is caused by chemical substances found in the bloodstream of a defendant charged with DUI. This means that, depending on the level of chemical substances in a defendant’s blood stream at the time they were charged with DUI, judges have wide latitude to determine what is considered sufficient impairment for determining what comprises an Enhanced DUI when substances are the cause of the impairment in a defendant, in concert with the intent of the recently revised enhancement statute;

 

• The General Assembly did not include any language dealing with enhancement of DUI using the 0.15 BAC standard when it is a 2^nd or subsequent DUI offense before the Court, thereby allowing judges wide latitude to determine an appropriate sentence if a defendant has a BAC level that would make their charge enhanced on a DUI 1^st Offense in cases where they have had a prior DUI;

 

Currently, it doesn’t appear that we have any significant body of caselaw on this topic since the 0.15 enhancement change went into effect on July 1, 2025; however, I will point out that judges have always been authorized to determine appropriate sentences in every case, and I would submit this is even more true in impaired driving cases when the proof shows enhanced impairment in an offender.  As recently discussed by our Court of Criminal Appeals through our colleague, Judge Matthew J. Wilson:

 

 

 

“a person convicted of a misdemeanor offense has no presumption of entitlement to a minimum sentence. State v. Johnson, 15 S.W.3d 515, 518 (Tenn. Crim. App. 1999) (citations omitted). Furthermore, “a trial court need only consider the principles of sentencing and enhancement and mitigating factors in order to comply with the legislative mandates of the misdemeanor sentencing statute.” State v. Troutman, 979 S.W.2d 271, 274 (Tenn. 1998). In sum, “the trial court has more flexibility in misdemeanor sentencing than in felony sentencing.” Johnson, 15 S.W.3d at 518.

 

State vs. Hite, 2024 Tenn. Crim. App. LEXIS 385 at *13-14 (Tenn. Ct. Crim. Appeals 2024)

With this new change, we should be more empowered to walk the line of sentencing with confidence when it comes to DUI offenders with enhanced BAC levels or higher levels of chemical substances in their bloodstream causing impairment while driving, regardless of whether it is a DUI 1^st Offense or a subsequent DUI offense.  The intent of the General Assembly with the recent change to Tenn. Code Ann. §55-10-402 (a)(1)(B) was, in my observation, to allow judges to exercise a higher degree of confidence in sentencing impaired driving offenders as a means of protecting the public health, safety, and welfare in these cases. Our confidence can be bolstered knowing our appellate colleagues have already indicated that our sentencing decisions will be reviewed with a presumption of reasonableness and correctness on an abuse of discretion standard so long as we stay within the box allowed for sentencing of a impaired driver on any impaired driving offense.

 

In short, trust your instincts when reviewing the proof of an impaired driver case when it comes to sentencing.  You, as the judge, will know what an appropriate sentence is based on the evidence, the prevailing law, and the circumstances of a case, even it is not the bare minimum sentence.  With the guidance given to us under Tenn. Code Ann. §55-10-402 (a)(1)(B) for enhanced sentencing in DUI cases, you can walk the sentencing line confidently between balancing the interests of safety and deterrence with fairness and temperament knowing that you are serving a vital role in protecting the public.

 

If I can be of assistance to you in your work on these cases, I am always ready and available to help.

 

Regards,

 

Beau E. Pemberton

West TN Regional Judicial Outreach Liaison