Driving under the influence (DUI) in Tennessee carries serious consequences. Staying informed about Tennessee's DUI laws is essential for all drivers in the state. A DUI conviction can lead to significant penalties, including jail time, fines, and license suspension. Here's what you need to know to stay safe and informed in 2025.
What Constitutes a DUI in Tennessee?
In Tennessee, you can be charged with a DUI if your blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the BAC limit is lower at 0.04%. Drivers under 21 have an even stricter limit of 0.02%.
Even if your BAC is below these limits, you can still be charged with a DUI if you are impaired to the point where it affects your ability to drive safely.
Implied Consent Law
Tennessee's implied consent law means that by driving on Tennessee roads, you agree to submit to chemical testing if a law enforcement officer suspects you of DUI. Refusing a breath, blood, or urine test can result in an automatic license suspension, regardless of the outcome of the DUI charge.
- First Refusal: 1-year license suspension
- Second Refusal: 2-year license suspension
- Third or Subsequent Refusal: 2-year license suspension
DUI Penalties
Tennessee DUI penalties increase with each subsequent offense. Here's a breakdown:
First Offense
- Jail Time: 48 hours to 11 months and 29 days. If BAC is 0.20% or higher, a minimum of 7 days in jail is required.
- Fines: $350 to $1,500
- License Suspension: 1 year
- Ignition Interlock Device (IID): May be required
Second Offense
- Jail Time: 45 days to 11 months and 29 days
- Fines: $600 to $3,500
- License Suspension: 2 years
- IID: Mandatory
Third Offense
- Jail Time: 120 days to 11 months and 29 days
- Fines: $1,100 to $10,000
- License Suspension: 6 years
- IID: Mandatory
Fourth and Subsequent Offenses
- Jail Time: 150 days (classified as a Class E felony)
- Fines: $3,000 to $15,000
- License Suspension: 8 years
- IID: Mandatory
Aggravating Factors
Certain factors can lead to harsher penalties, even for a first-time DUI offense:
- Having a passenger under 18 years old in the vehicle
- Causing an accident resulting in injury or death
- Having a BAC of 0.20% or higher
Underage DUI
Tennessee has a "Zero Tolerance" law for drivers under 21. If a driver under 21 is caught with a BAC between 0.02% and 0.08%, they may face:
- Fines up to $250
- License suspension for 1 year
- Community service
If the BAC is 0.08% or higher, underage drivers face the same penalties as adult offenders.
Long-Term Consequences of a DUI
A DUI conviction in Tennessee can have lasting consequences:
- Difficulty finding employment
- Increased insurance premiums
- A permanent criminal record
- DUI convictions cannot be expunged from your record in Tennessee
DUI School and Alcohol Treatment
In Tennessee, attending a state-approved DUI school is often mandatory after a DUI conviction. DUI school educates offenders about the dangers of impaired driving and the legal consequences of a DUI. Completion of DUI school is often required to reinstate your driver’s license.
What Happens If You're Caught With a Minor in the Vehicle?
If you are caught driving under the influence with a minor passenger, you will face significantly increased penalties, regardless of your BAC level or whether it's your first DUI offense. A DUI resulting in serious injury or death also carries much harsher sentences.
The Importance of Safe Driving Practices
While DUI laws in Tennessee have become stricter, the best way to avoid penalties is to not drive under the influence in the first place. You may not always feel impaired, but alcohol can affect your ability to drive safely.
Safe alternatives to avoid a DUI arrest:
- Designate a Driver: Choose someone to stay sober and drive everyone home safely.
- Use a Rideshare Service: Uber, Lyft, or local taxi services are easy and accessible options.
- Stay Over: Arrange to stay with friends or book a hotel if you’ve been drinking.
Planning ahead can help you avoid the consequences of a DUI arrest, which can have lasting effects on your personal and professional life.
Frequently Asked Questions About Tennessee DUI Laws
What happens when you get your first DUI in Tennessee?
For a first offense, you may face jail time, fines, and a license suspension. Enhanced penalties apply if your BAC is 0.15% or higher.
How likely is jail time for a first DUI in Tennessee?
First-time offenders may be sentenced to at least 48 hours in jail. However, with a BAC over 0.15%, you could face a minimum of 7 days.
Is a first DUI in Tennessee a felony?
A first DUI offense is typically not a felony unless it involves serious injury, death, or aggravating factors such as a prior history of offenses.
Experienced DUI Attorneys | Aubrey Givens and Associates
At Aubrey Givens and Associates, we specialize in criminal defense, offering expert representation for DUI cases. Our experienced attorneys will carefully examine every aspect of your case to ensure your rights were protected throughout the investigation. We’re committed to helping you navigate the legal system with confidence.
Contact us today for a free consultation and get the legal support you need.
