Tennessee DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in Tennessee
Tennessee DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Tennessee, the law allows only 10 days for a Tennessee DUI Lawyer to make a request with the Tennessee Department of Safety for a hearing to help save your drivers license.
What are the penalties for DUI in Tennessee?
The penalties for driving under the influence in Tennessee will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
TN DUI Penalties
Tennessee is a state with a 10 year 'washout period' also known as a 'look back period'
1st DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first DUI offense in Tennessee:
- Fines: $350 to $1,500 fine
- Jail Time: not less than 48 consecutive hours and no more than 11 months & 29 days in county jail (at the judges discretion, public service may be carried out in lieu of jail time for all but the mandatory minimum period required)
[possibility of serving 200 hours of public service work in lieu of any jail time depending on the offenders jurisdiction] - Drivers License Revocation: 1 year drivers license revocation (can apply for an (IID) ignition interlock restricted drivers license)
- Ignition Interlock Device: possible ignition interlock restriction for up to 1 year upon license reinstatement
- 24 hours of litter removal on public roadways & property
- attendance at DUI school
- drug and alcohol assessment and/or treatment
- TN SR22 Insurance (proof of financial responsibility) Requirement
2nd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second DUI offense in Tennessee:
- Fines: $600 to $3,500 fine
- Jail Time: not less than 45 consecutive days and no more than 11 months & 29 days in county jail (at the judges discretion, public service may be carried out in lieu of jail time for all but the mandatory minimum period required)
- Drivers License Revocation: 2 years drivers license revocation (may be eligible for an (IID) ignition interlock restricted drivers license after 1 year revocation period has expired)
- Ignition Interlock Device: possible ignition interlock restriction for 1 year upon license reinstatement
- attendance at DUI school
- drug and alcohol assessment and/or treatment
- possible seizure / forfeiture of vehicle
- TN SR22 Insurance (proof of financial responsibility) Requirement
3rd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a third DUI offense in Tennessee:
- Fines: $1,100 to $10,000 fine
- Jail Time: not less than 120 consecutive days and no more than 11 months & 29 days in county jail (at the judges discretion, public service may be carried out in lieu of jail time for all but the mandatory minimum period required)
- Drivers License Revocation: 6 years drivers license revocation
- Ignition Interlock Device: possible ignition interlock restriction for up to 1 year upon license reinstatement
- attendance at DUI school
- drug and alcohol assessment and/or treatment
- possible seizure / forfeiture of vehicle
- TN SR22 Insurance (proof of financial responsibility) Requirement
4th (& subsequent) DUI Offense / Conviction - Felony
The penalty upon conviction of a fourth or subsequent DUI offense in Tennessee:
- Fines: $3,000 to $15,000 fine
- Jail Time: not less than 150 consecutive days and no more than 6 years incarceration
- Drivers License Revocation: 8 years drivers license revocation
- Ignition Interlock Device: possible ignition interlock restriction for up to 1 year upon license reinstatement
- attendance at DUI school
- drug and alcohol assessment and/or treatment
- possible seizure / forfeiture of vehicle
- TN SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
It is not a criminal offense to refuse to submit to a chemical test in Tennessee although implied consent laws are enforced and a driver who refuses to submit to a test will have their drivers license revoked.
In Tennessee, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
Police officers do not need consent to administer a test from anyone suspected of drunk driving who has prior DUI convictions or has a child under the age of 16 in the car
First chemical test refusal
- Drivers License Revocation: 1 year drivers license revocation
Second (and subsequent) chemical test refusal
- Drivers License Revocation: 2 years drivers license revocation
Chemical test refusal revocations may run consecutively to any other revocation period imposed.
If a driver refuses to submit to a chemical test after being involved in an accident where 1 or more persons were seriously injured their drivers license will be revoked for 2 years.
If a driver refuses to submit to a chemical test where 1 or more persons were killed their drivers license will be revoked for 5 years.
What is the legal alcohol limit in Tennessee
The maximum legal BAC (blood alcohol content) limits in Tennessee for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Tennessee it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Tennessee it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Tennessee it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
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