Back to Questions
criminalTN

What are DUI penalties in Tennessee?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Tennessee DUI law is found at Tenn. Code Ann. § 55-10-401 et seq. and is enforced uniformly across the state by mandatory minimums.

1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, .02% for drivers under 21 (Tenn. Code Ann. § 55-10-415).

2. First Offense — Class A misdemeanor: 48 hours to 11 months 29 days jail (mandatory minimum 48 hours, or 7 days if BAC .20+), $350-$1,500 fine, 1-year license revocation, mandatory IID, 24 hours litter pickup in clearly marked vest, $100 Brain Awareness Drug and Alcohol Treatment Fund (BADT) fee, alcohol/drug treatment if recommended.

3. Second Offense within 10 years — Class A misdemeanor: 45 days to 11 months 29 days jail (mandatory minimum 45 days), $600-$3,500 fine, 2-year license revocation, vehicle subject to seizure and forfeiture, mandatory IID.

4. Third Offense within 10 years — Class A misdemeanor: 120 days to 11 months 29 days jail (mandatory minimum 120 days), $1,100-$10,000 fine, 6-year license revocation, vehicle forfeiture, IID.

5. Fourth or Subsequent Offense — Class E felony: 150 days to 6 years prison (mandatory minimum 150 days), $3,000-$15,000 fine, 8-year license revocation, vehicle forfeiture.

6. Vehicular Assault While Intoxicated (§ 39-13-106) — Class D felony: 2-12 years prison.

7. Aggravated Vehicular Homicide While Intoxicated (§ 39-13-218) — Class A felony when prior DUI history exists: 15-60 years prison.

8. Implied Consent (§ 55-10-406) — Refusing chemical test triggers 1-year license revocation for first refusal (2 years if accident causing injury, 5 years if death). Refusal can be charged as a separate offense.

9. Ignition Interlock — Required for any first offender with BAC .08+ for at least 6 months (or longer based on offense level).

10. Aggravating Factors — Child under 18 in vehicle elevates to Class D felony with mandatory minimum 30 days jail; BAC .20+ doubles mandatory minimum jail time.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Any DUI charge — always get an attorney
  • Accident with injuries
  • Prior DUI convictions
  • BAC .20 or higher
Related Statutes & Laws
  • Tenn. Code Ann. § 55-10-401
  • Tenn. Code Ann. § 55-10-402
  • Tenn. Code Ann. § 55-10-406
  • Tenn. Code Ann. § 39-13-218

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.