How much do you have to drink (BAC*) for a DUI in Tennessee?

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in Tennessee?

Tennessee has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Tennessee’s implied consent law.

What is the minimum jail time?

Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

Can you plead to a lesser offense than DUI in Tennessee?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Tennessee, but it's possible a lawyer may be able to create a plea bargain for you.

First Tennessee DUI Offense

1st Tennessee Drunk Driving Conviction

• Jail – 48 Hours up to 11 Months
• Fine – From $350 to $1,500
• License Suspension – 1 Year
• Ignition Interlock Device required if:
• Blood Alcohol Content Above .15
• Passenger Under 18 in Vehicle
• Implied Consent / Test Refusal
   
• Details of New DUI Law

Other Possible Penalties

• Litter Pick-Up for Three Eight-Hour Shifts
• Child Endangerment Penalties (If Passenger under 18)
• Alcohol Safety DUI School Program

More Information: First Offense DUI in Tennessee

Second Tennessee DUI Offense

2nd Tennessee Drunk Driving Conviction

• Jail – 45 Days up to 1 Year
• Fine – From $600 to $3,500
• License Suspension – 2 Years
  
• Ignition Interlock Device if:
  
• 6 Months (If Within 5 Years of Previous DUI )
• Blood Alcohol Content Above .15
• Passenger Under 18 in Vehicle
• Implied Consent / Test Refusal
  
• Details of New DUI Law

Other Possible Penalties

• Vehicle – Subject to Seizure / Forfeiture
• Child Endangerment Penalties (If Passenger Under 18)
• Litter Pick-Up For Three Eight-Hour Shifts
• Drug and Treatment Assessment

More Information: Second Offense DUI in Tennessee

Third Tennessee DUI Offense

3rd Tennessee Drunk Driving Conviction

• Jail – 120 Days up to 1 Year
• Fine – From $1,100 to $10,000
• License Suspension – From 3 to 10 Years
  
• Ignition Interlock Device

Other Possible Penalties

• Vehicle – Subject to Seizure / Forfeiture
• Child Endangerment Penalties (If Passenger Under 18)
• Litter Pick-Up for Three Eight-Hour Shifts
• Drug and Treatment Assessment
• Alcohol Safety DUI School Program

More Information: Third Offense DUI in Tennessee

New Tennessee DUI Laws

Effective June 23, 2010, Tennessee enacted several changes. Under the new amendments, Tennessee’s previous 10-year calculation for a prior conviction is now recalculated from violation to violation. Now in Tennessee, a first-time offender faces a minimum jail sentence of 48 hours and a second-time offender will have to serve a minimum of 45 days in jail, pay more stringent fines and lose driving privileges for a longer period of time.

2010 Tennessee DUI Legislation

In 2010 the Governor signed Tennessee Senate Bill 2965 into law. The new law revises various provisions concerning ignition interlock devices and drivers convicted of DUI. The new law also establishes the interlock assistance fund for indigent offenders, makes changes to certain penalties, restricted driver's licenses, and related matters. For a summary of the new law please go to New Tennessee DUI Law.

Fourth Tennessee DUI Offense

4th Tennessee Drunk Driving Conviction

• Class “E” Felony
• Jail – 150 Days up to Class “E” Felony Maximum
• Fine – From $3,000 to $15,000
• License Suspension – From 5 Years to Indefinite
  
• Ignition Interlock Device

Other Possible Penalties

• Vehicle – Subject to Seizure / Forfeiture
• Litter Pick-Up For Three Eight-Hour Shifts
• Drug and Treatment Assessment
• Alcohol Safety DUI School Program
• Child Endangerment Penalties (If Passenger under 18)

Drinking and Driving Laws in Tennessee

Tennessee Drunk Driving and Wet Reckless Laws - Nolo.com

In the State of Tennessee, it is illegal to drive with a blood alcohol concentration (BAC) of .08 or above. The .08 BAC limit is the standard measure for the "impaired" driver throughout the United States. In Tennessee, the .08 limit is lower for commercial drivers (.04) and drivers under the age of 21 (.02). Tennessee's DUI law also includes driving under the influence of controlled substances such as marijuana, amphetamines, inhalants and other intoxicants.

How many drinks does it take to reach the legal limit in Tennessee?

This question is often asked by drivers that want to know how many drinks they can have before they reach the .08 BAC limit. There isn't one single formula that can predict with certainty each individuals BAC score based on number of drinks consumed, however there are charts and calculators that can serve as a reference. These tools do not consider all variables in the DUI calculation and should only be used as a reference.

The best answer is not to drink and drive . The State of Tennessee has strict laws for drunk driving, and when you drink and drive in Tennessee, you risk your freedom, finances and your future.

The first time you are arrested and convicted of drunk driving in the State of Tennessee you will be sentenced to jail from 24 hours to 11 months. Your drivers license will be revoked for 1 year and you will be fined $350-$1,500. You will be ordered by the court to attend a DUI school and you may be ordered to have an ignition interlock device installed on your vehicle at your own expense. Other costs for your first DUI are towing, bail, lawyer, court costs, DUI school and reinstatement fees that all add up to about $4,900.

The second DUI you are convicted of in Tennessee will result in a fine from $600-$3,500. You will also be sentenced to jail for 45 days up to 11 months. Your drivers license will be revoked for 2 years, however the court may allow you to drive with a restricted license after 1 year of your sentence has been served if you have completed a court ordered DUI school. You vehicle will become subject to seizure or forfeiture by the State of Tennessee or the judge may order you to install an ignition interlock system at your own expense.

For your 3rd arrest in the State of Tennessee you will be ordered to serve from 120 days to 11 months in jail. You will also pay a mandatory fine of $1,100-$10,000. Your drivers license will be suspended for 3-10 years and there will be no allowance for a restricted drivers license. You vehicle will become subject to seizure or forfeiture by the State of Tennessee or the judge may order you to install an ignition interlock system at your own expense.

The 4th time you are arrested for drunk driving in the State of Tennessee is a Class "E" Felony. you will be ordered to serve 1 year in jail with 150 of the days served consecutively. You will also pay a mandatory fine of $3,000-$15,000. Your drivers license will be suspended for 5 years and there will be no allowance for a restricted drivers license. You vehicle will become subject to seizure or forfeiture by the State of Tennessee or the judge may order you to install an ignition interlock system at your own expense.

Drunk Driving Laws in Tennessee

State of Tennessee BAC Laws:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .02 or higher.
• Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in Tennessee

Tennessee's implied consent law means that by driving in the State of Tennessee you have given your consent to be tested to determine the amount of alcohol or drug content in your blood. You do have the right to refuse the test, however doing so brings penalties that are equal or greater than a DUI conviction. On your first refusal to submit to such a test your drivers license will be revoked for a period of 1 year, and for your 2nd refusal your license will be revoked for 2 years. You may still be convicted of a DUI without a blood, breath or urine sample.

More on Drunk Driving Laws, Penalties and Fines in Tennessee (3MB Download)

Other State of Tennessee Information on this Website

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