DUI Laws in Tennessee (DUI)
Tennessee uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years. 4th offense within 10 years. Below are the full details of Tennessee's DUI laws and penalties.
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Overview
Tennessee treats DUI as a serious offense with mandatory minimum jail sentences even for first-time offenders — a minimum of 48 hours behind bars is required upon conviction. The state uses a 10-year lookback period for prior offenses and imposes lifetime consequences for a fourth or subsequent DUI, which is charged as a Class E felony. Tennessee also has an implied consent law that triggers an automatic one-year license revocation for refusing a chemical test, and the state mandates ignition interlock devices for repeat offenders and high-BAC first offenders.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.20% |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Class A Misdemeanor | 48 hours to 11 months, 29 days (mandatory minimum 48 hours; 7 days if BAC ≥ 0.20%) | $350 to $1,500 | 1 year | Required if BAC ≥ 0.15%; otherwise at court discretion |
| 2nd Offense | Class A Misdemeanor | 45 days to 11 months, 29 days (mandatory minimum 45 days) | $600 to $3,500 | 2 years | Required for restricted license |
| 3rd Offense | Class A Misdemeanor | 120 days to 11 months, 29 days (mandatory minimum 120 days) | $1,100 to $10,000 | 3 to 10 years | Required for restricted license |
| Felony | Class E Felony | 150 days to 6 years (mandatory minimum 150 consecutive days) | $3,000 to $15,000 | 5 years; permanent revocation possible for 5th+ offense | Required upon license reinstatement |
Felony threshold: 4th offense within 10 years. Lookback period: 10 years.
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | Minimum 24 hours (may substitute for jail beyond mandatory minimum at judge's discretion) | Up to 11 months, 29 days | Court-approved DUI education program required |
| 2nd Offense | Minimum 200 hours of public service work | Up to 11 months, 29 days | Court-approved DUI education program required |
| 3rd Offense | Minimum 200 hours of public service work | Up to 11 months, 29 days | Court-approved alcohol/drug treatment program required |
| Felony | As ordered by the court | Up to 6 years supervised probation | Court-ordered alcohol/drug treatment program required |
Implied Consent Law
Tennessee's implied consent law (T.C.A. § 55-10-406) requires all drivers lawfully arrested for DUI to submit to chemical testing (blood, breath, or urine) to determine BAC or drug content. Refusal triggers administrative penalties separate from any criminal DUI charge.
Refusal penalties: First refusal: 1-year license revocation. Second or subsequent refusal: 2-year license revocation. Refusal can also be used as evidence against the driver in court.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.20% or higher | Mandatory minimum 7 days jail for first offense; enhanced penalties for all offenses |
| Minor passenger under 18 in the vehicle | Mandatory minimum 30 days jail and $1,000 fine added; child endangerment charges possible |
| DUI causing bodily injury | Charged as vehicular assault — Class D felony with 2-12 years in prison |
| DUI causing death | Charged as vehicular homicide — Class B felony with 8-30 years in prison |
| Driving on a suspended/revoked license (DUI-related) | Additional Class A misdemeanor charge; mandatory jail time |
| Prior DUI convictions | Escalating mandatory minimums; 4th offense becomes a felony |
DUI with Injury
Classification: Vehicular Assault — Class D Felony
2 to 12 years in prison, fines up to $5,000, license revocation of 1 to 5 years, and mandatory completion of an alcohol/drug treatment program. If the injury involves serious bodily harm, the charge may be elevated.
Underage DUI
First offense: Class A misdemeanor, 1-year license revocation, possible jail up to 11 months and 29 days, and fines up to $250 for underage BAC violation. If the minor's BAC is 0.08% or higher, they face the same DUI penalties as adults. Community service and mandatory alcohol education programs are also imposed.
Diversion Programs
Program: Judicial Diversion (T.C.A. § 40-35-313)
Tennessee allows judicial diversion for first-time DUI offenders at the judge's discretion. The defendant pleads guilty or nolo contendere, and the court defers further proceedings. Upon successful completion of probation and all conditions, the charge is dismissed and can be expunged.
Eligibility: First-time offenders only; no prior DUI convictions; no serious bodily injury or death involved; judge considers defendant's criminal history, social circumstances, and amenability to rehabilitation. Not available for commercial driver's license holders at time of offense.
How Long a DUI Stays on Your Record
A DUI conviction remains on your Tennessee criminal record permanently unless expunged through judicial diversion. It stays on your driving record for life and is used as a prior offense for 10 years for sentencing purposes.
Key Statutes
- T.C.A. § 55-10-401
- Driving under the influence — primary DUI statute defining the offense
- T.C.A. § 55-10-403
- Penalties for DUI offenses — jail, fines, license suspension schedules
- T.C.A. § 55-10-406
- Implied consent — requirements for chemical testing upon arrest
- T.C.A. § 55-10-417
- Ignition interlock device requirements for DUI offenders
- T.C.A. § 39-13-213
- Vehicular assault — DUI causing bodily injury
- T.C.A. § 39-13-213(a)(2)
- Vehicular homicide — DUI causing death
Frequently Asked Questions
What is the mandatory minimum jail time for a first DUI in Tennessee?
How long does a DUI stay on your record in Tennessee?
Can you get a restricted license after a DUI in Tennessee?
Is a first DUI a felony in Tennessee?
What happens if you refuse a breathalyzer in Tennessee?
Can a DUI be expunged in Tennessee?
How much does a DUI cost in Tennessee?
Does Tennessee have a DUI diversion program?
Related Guide
DUI license recovery in Tennessee→Step-by-step guide to getting your license back after a DUI in Tennessee — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Tennessee DUI Laws — Official State Code
Tennessee Department of Safety & Homeland Security — driver services, license reinstatement, and DUI-related information.
- Tennessee Implied Consent Advisory
Full text of Tennessee Title 55, Chapter 10, Part 4 covering DUI offenses and implied consent.
- Tennessee Legal Aid — Free Legal Help
Tennessee Alliance for Legal Services — find free legal help in Tennessee for those who qualify.
- Tennessee Ignition Interlock Program
Information on Tennessee's ignition interlock device requirements and approved vendors.
Related Resources on This Site
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- DUI RecoveryDUI license recovery in Tennessee
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- SR22 InsuranceSR22 insurance in Tennessee
- License ReinstatementLicense reinstatement in Tennessee
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