A Complete Guide to Tennessee's DUI Laws: From First Offense to Felony Charges

June 21, 2025

A Complete Guide to Tennessee's DUI Laws: From First Offense to Felony Charges

Introduction

Tennessee's "Driving Under the Influence" (DUI) laws are stringent, carrying severe penalties that escalate with prior convictions and aggravating circumstances. The state emphasizes mandatory jail time, substantial fines, lengthy license suspensions, and a strong push for Ignition Interlock Device (IID) usage. Tennessee law makes DUI convictions permanent on a person's record, meaning they cannot be expunged.

The General Framework of Tennessee DUI Laws

In Tennessee, a person can be charged with DUI if they drive or are in actual physical control of a motor vehicle on public roads, streets, alleys, or certain private premises (like shopping centers or apartment complexes) while:

"Per Se" DUI: Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more. This is a strict liability offense; actual impairment doesn't need to be proven.
Impaired DUI: Under the influence of any intoxicant (including alcohol), marijuana, any controlled substance (even prescription drugs if they impair driving), or any combination of these, to the extent that it impairs their ability to safely operate a motor vehicle.
Controlled Substance Presence: Having any amount of a controlled substance (or its analog) in their blood or breath, or a controlled substance not obtained by lawful prescription.

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Special BAC Limits:

Commercial Drivers: A BAC of $0.04%$ or more.
Drivers Under 21 (Zero Tolerance Law): A BAC of $0.02%$ or more.

Implied Consent Law

Tennessee has an implied consent law (Tenn. Code Ann. § 55-10-406 & 55-10-407). By operating a vehicle on Tennessee roads, you automatically consent to a chemical test (blood, breath, or urine) if a law enforcement officer has probable cause to suspect you of DUI and makes a lawful arrest.

Refusal to Test: Refusing to submit to a chemical test carries automatic administrative license suspensions by the Tennessee Department of Safety and Homeland Security (TDOSHS), regardless of whether you are ultimately convicted of the underlying DUI charge. Refusal can also be used as evidence against you in court.

First refusal: 1-year license suspension.
Second refusal: 2-year license suspension.
Third or subsequent refusal: 2-year license suspension.
Refusal involving serious injury: 2-year revocation.
Refusal involving death: 5-year revocation.

These administrative suspensions run consecutively to any court-ordered license suspensions upon conviction.

Tennessee DUI Statistics

Impaired driving remains a serious issue in Tennessee, contributing to a significant portion of traffic fatalities and injuries.

From 2019 to 2023, alcohol-related vehicular crash deaths in Tennessee increased by 36%, and injury crashes increased by 12%.
A particularly concerning trend is the 209% increase in alcohol-related vehicular crashes involving youth (age 13-19) from 2019-2023.
In 2024, there were 19,923 DUI arrests made in Tennessee, a slight increase from 2021.
In 2023, over 26% of traffic-related deaths in Tennessee were caused by drunk drivers with a BAC of $0.08%$ or higher.

These statistics highlight the ongoing efforts by law enforcement and the persistent challenge of impaired driving in the state.

Penalties for DUI in Tennessee

Tennessee uses a 10-year "look-back" period for determining repeat DUI offenses. This means any DUI conviction within the past 10 years will count towards enhancing penalties. In some circumstances, this look-back period can extend to 20 years. A DUI conviction in Tennessee is permanent and cannot be expunged from your criminal record.

DUI School/Alcohol Treatment: Mandatory participation in a state-approved DUI school or alcohol/drug treatment program is almost always a part of sentencing for DUI convictions.

Ignition Interlock Device (IID): IIDs are frequently mandated for restricted driving privileges during license suspension and for full license reinstatement, especially for repeat offenders or those with high BACs. For all arrests after July 2016, a judge must require an IID unless a specific finding is made that it's not needed. IIDs typically include a camera to verify the driver's identity.

First Offense DUI (Misdemeanor)

Jail Time: Mandatory minimum 48 hours, up to 11 months and 29 days.
- If BAC is $0.20%$ or higher (or $0.15%$ or higher effective July 1, 2024), mandatory minimum jail time is 7 consecutive days.
Fines: $350 to $1,500.
License Suspension: 1 year.
- Eligibility for a restricted license (work, school, treatment) after a waiting period, often with IID installation.
IID: Required, typically for the entire period of license revocation (at least 365 days).
DUI School/Alcohol Treatment: Mandatory evaluation and compliance with recommendations.
Other: Highway litter removal (may be ordered), $100 alcohol and drug addiction fee, potential community service, restitution to victims.
Estimated Total Cost: Can exceed $4,900 including fines, fees, IID, insurance, etc.

Second Offense DUI (within 10 years - Misdemeanor)

Jail Time: Mandatory minimum 45 days, up to 11 months and 29 days.
Fines: $600 to $3,500.
License Suspension: 2 years.
- Restricted license available with mandatory IID.
IID: Mandatory for the entire 2-year license revocation period.
Vehicle Forfeiture/Seizure: Possible.
DUI School/Alcohol Treatment: Mandatory.

Third Offense DUI (within 10 years - Misdemeanor)

Jail Time: Mandatory minimum 120 days, up to 11 months and 29 days.
Fines: $1,100 to $10,000.
License Suspension: 6 to 10 years.
- Restricted license available with mandatory IID.
IID: Mandatory for the entire 6-year license revocation period.
Vehicle Forfeiture/Seizure: Possible.
DUI School/Alcohol Treatment: Mandatory.

Fourth and Subsequent Offense DUI (Class E Felony)

Prison Time: Mandatory minimum 150 consecutive days, up to 1 to 6 years in state prison.
Fines: $3,000 to $15,000.
License Suspension: 8 years.
- Restricted license available with mandatory IID.
IID: Mandatory for the entire 8-year license revocation period.
Vehicle Forfeiture/Seizure: Possible.
DUI School/Alcohol Treatment: Mandatory.
Felony Criminal Record: Permanent, leading to loss of civil rights (e.g., voting, firearm ownership).

Other Significant Penalties:

Underage DUI (Zero Tolerance, BAC $0.02%$ to $0.08%$ ):
- Fines up to $250.
- License suspension for 1 year.
- Community service.
- If BAC is $0.08%$ or higher, they face adult DUI penalties.
DUI with Child Passenger (Under 18):
- Mandatory minimum fine of $1,000.
- Mandatory minimum additional jail sentence of 30 days.
- If the child suffers serious bodily injury, it's a Class D felony (2 to 12 years prison, up to $5,000 fine).
- If the child dies, it's a Class B felony (8 to 30 years prison, up to $25,000 fine).
Vehicular Assault (Causing Serious Bodily Injury): Class D felony (2 to 12 years prison, up to $5,000 fine), no restricted license available. Aggravated vehicular assault (e.g., BAC $0.20%$ or higher with prior DUI) is a Class C felony.
Vehicular Homicide (Causing Death): Class B felony (8 to 30 years prison, up to $25,000 fine), 3 to 10-year license revocation, no restricted license available. Aggravated vehicular homicide (e.g., two prior DUI convictions) is a Class A felony.
Driving Under DUI Suspension: A separate criminal offense with its own mandatory jail time and further license suspension.
SR-22 Filing: Required for a period, indicating high-risk insurance, leading to significantly higher premiums.
Collateral Consequences: Beyond legal penalties, DUI convictions can affect employment opportunities, professional licenses, and international travel (e.g., entry into Canada).

Conclusion

Tennessee's DUI laws are notably severe, with a clear focus on mandatory minimum jail sentences, escalating fines, and long-term license impacts, particularly for repeat offenders. The state's permanent record for DUI convictions, coupled with mandatory IID use and strict implied consent rules, underscores a no-tolerance approach to impaired driving. The severe penalties for aggravating factors like high BAC or the presence of child passengers reinforce this commitment to public safety. For anyone facing a DUI charge in Tennessee, navigating these complex and harsh regulations requires immediate and expert legal assistance. Consulting with an experienced Tennessee DUI defense attorney is crucial to understand your rights, explore all possible defenses, and mitigate the serious consequences.

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