Tennessee DUI Laws

Tennessee places drunk driving under the state per se law. If your blood alcohol level is at or above the legal limit while operating a motorized vehicle, you will be arrested on a DUI. In Tennessee, a DUI will result in multiple fines and penalties. All DUI convictions have a mandatory jail time, license suspension, and court ordered substance abuse treatment attached to the charge. Tennessee DUI laws are strictly adhered to and the penalties and fines which can be as high as $5,000.00 and are increased for repeat offenders. A repeat offender in the state of Tennessee will be charged with a felony conviction with the fourth conviction. If a minor under 18 is in the vehicle you may receive an additional charge of child endangerment which will result in harsher penalties. These rules apply to other substances such as drugs and inhalants.

Tennessee’s implied consent law will result in the loss of your driver’s license for 1 year on the first refusal and 2 years if your refuse to take a blood alcohol, breath or urine test a second time. The first refusal as well as the first DUI conviction usually suspends your license for 90 days; the second will generally by 1 year and the third will be 3 years. Operating a motorized vehicle on Tennessee roads is your acceptance of taking a chemical test if stopped for impaired driving. You may be charged with a DUI and convicted even without the BAC test in addition to losing the license for the indicated periods of time.

The BAC for Tennessee is .08% or higher. A BAC of .15% or higher is considered extreme DUI. In Tennessee harsher penalties do not exist for extreme DUI. Tennessee has a zero tolerance law in place for underage drinkers. This includes anyone under 21. Underage drinkers caught driving with a BAC of 0.02% will be charged with a DUI. Over the counter cough medicine can put you over the limit. The BAC for commercial drivers, this is anyone hauling merchandise or people, is .04%. Your third arrest for DUI becomes a felony. The penalties for a DUI will depend upon the circumstances of the arrest. Changes in the DUI laws for Tennessee are being considered for the 2010 legislative session.



Your first offense will result in 48 hours to 11 months of jail time and a fine of $350.00 to $1,500.00. Your license will be suspended for 1 year and you may be required to obtain the Ignition Interlock Device (IID) on your vehicle. Other penalties which may be applied to your conviction are 3 eight hour shifts of litter pick up. If there was a child under 18 with you at the time of your arrest you can also be charged with child endangerment. You may also be required to attend an Alcohol Safety DUI School Program.

Your second offense will result in 45 days to 1 year of jail time and a fine of $600.00 to $3,500.00. Your license will be suspended for 2 years and you will be required to obtain the Ignition Interlock Device (IID) on your vehicle for a period of 6 months if the arrest took place within 5 years of your previous conviction. Other penalties which may be applied to your conviction are 3 eight hour shifts of litter pick up. If there was a child under 18 with you at the time of your arrest you can also be charged with child endangerment. Your vehicle may be taken permanently and your may have to participate in a drug and treatment assessment program.

Your second offense will result in 120 days to 1 year of jail time and a fine of $1,100.00 to $10,000.00. Your license will be suspended for 3 to 10 years and you will be required to obtain the Ignition Interlock Device (IID) on your vehicle. Other penalties which may be applied to your conviction are 3 eight hour shifts of litter pick up. If there was a child under 18 with you at the time of your arrest you can also be charged with child endangerment. Your vehicle may be taken permanently and your may have to participate in a drug and treatment assessment program as well as Alcohol Safety DUI School Program.

Your fourth is considered a Class E Felony and will result in 150 days up to the maximum time of sentencing for a Class E Felony of jail time and a fine of $3,000.00 to $15,000.00. Your license will be suspended for 5 years to a permanent revocation and you will be required to obtain the Ignition Interlock Device (IID) on your vehicle. Other penalties which may be applied to your conviction are 3 eight hour shifts of litter pick up. If there was a child under 18 with you at the time of your arrest you can also be charged with child endangerment. Your vehicle may be taken permanently and your may have to participate in a drug and treatment assessment program as well as Alcohol Safety DUI School Program.