What happens if I get a DUI in Tennessee?

Tennessee has one of the strictest first-offense DUI laws in the nation, with mandatory jail time required for every conviction and no possibility of probation in lieu of the minimum sentence.

1. Per Se BAC Standard

Tenn. Code Ann. § 55-10-401(2) sets adult per se DUI at 0.08% BAC; commercial limit is 0.04% under § 55-50-405; under-21 limit (called "Underage DUI" / Juvenile DUI) is 0.02% under § 55-10-415.

2. Implied Consent

Tenn. Code Ann. § 55-10-406 requires submission to chemical testing. First refusal triggers 1-year license revocation; refusal with prior DUI in 5 years results in 2-year revocation. The implied consent violation is separate civil proceeding.

3. First-Offense Penalties

First DUI under § 55-10-402(a)(1): 48-hour mandatory jail (7 days if BAC 0.20%+) to 11 months 29 days, $350-$1,500 fine, 1-year license revocation, mandatory 24 hours roadside litter pickup in DUI orange vest, alcohol/drug treatment, and mandatory ignition interlock for restricted license under § 55-10-417.

4. Enhancements

Fourth DUI in lifetime under § 55-10-402(a)(4) is a Class E felony with 150-day mandatory and 1-6 year sentence. Vehicular assault (§ 39-13-106) is a Class D felony; vehicular homicide (§ 39-13-213) is a Class B felony with 8-30 year sentence. Child passenger under 18 (§ 55-10-402(g)) adds 30-day mandatory and Class D felony if injury results.

5. Administrative License Suspension (ALS)

Tennessee does not have a separate pre-conviction ALS — license revocation is imposed only upon conviction by the court, or upon implied consent violation. The implied consent civil hearing occurs in the criminal case.

6. Court Process

General Sessions Court arraignment, preliminary hearing, transfer to Criminal Court if felony, motions practice (Tenn. R. Crim. P. 12), plea bargaining, and 12-person jury trial in Criminal Court.

7. Long-Term Consequences

SR-22 high-risk insurance for 3-5 years, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), DUI convictions cannot be expunged under § 40-32-101(g) for any DUI offense, permanent on driving record.

This is legal information, not legal advice.