Learn about the penalties for a first, second, and third DUI conviction in Tennessee.
If you're convicted of driving under the influence (DUI) in Tennessee, the penalties you'll face will depend mostly on how many prior convictions you have.
This article covers the basics of Tennessee's DUI laws, including the consequences of a first, second, third, and fourth DUI conviction.
Tennessee's DUI Laws
Tennessee's DUI laws prohibit a person from driving or being in actual physical control of a vehicle under either of the following conditions:
- the person has a blood alcohol content (BAC) of .08% or greater (.04% or more if the driver was operating a commercial vehicle), or
- the person is "under the influence" of any intoxicant, marijuana, controlled substance, controlled substance analog, drug, substance affecting the central nervous system, or combination thereof.
Tennessee law defines "under the influence" as being impaired to an extent that the driver's ability to safely operate a motor vehicle is affected.
A driver who has a BAC of .08% or more can be convicted of a "per se DUI," regardless of his or her level of actual impairment. The volume of alcohol necessary to reach these BAC levels can differ depending on gender, body size, and the type of alcohol (get an estimate using our BAC calculator.)
Tennessee's 1st DUI Penalties
For a first DUI conviction within 10 years, the driver is normally looking at:
- 48 hours to 11 months, 29 days in jail (seven-day minimum with a .20% BAC or more)
- $350 to $1,500 in fines, and
- a one-year license suspension.
If the offender had a passenger under the age of 18 in the vehicle at the time of the offense, the minimum sentence is increased by 30 days.
Tennessee's 2nd DUI Penalties
For a second DUI conviction within 10 years, the driver is normally looking at:
- 45 days to 11 months, 29 days in jail
- $600 to $3,500 in fines, and
- a two-year license suspension.
If the offender had a passenger under the age of 18 in the vehicle at the time of the offense, the minimum sentence is increased by 30 days.
Tennessee's 3rd DUI Penalties
For a third DUI conviction within 10 years, the driver is normally looking at:
- 120 days to 11 months, 29 days in jail
- $1,100 to $10,000 in fines, and
- a six-year license suspension.
If the driver had a passenger under the age of 18 at the time of the offense, the judge must add 30 days to the mandatory jail (150 days in total).
4th or Subsequent DUI Is a Felony in Tennessee
When a driver has three or more prior convictions that occurred within the past ten years, the next DWI (fourth or subsequent) will be a felony.
A fourth DWI is a class E felony. Convicted motorists are looking at 150 days to six years in jail and a maximum of $3,000 in fines.
A fifth DWI is a class D felony. Convicted motorists face up to 12 years in jail and a maximum of $5,000 in fines.
A sixth or subsequent DWI is a class C felony. A conviction carries up to 15 years in jail and a maximum of $10,000 in fines.
DUI Restricted Licenses in Tennessee
To alleviate some of the hardship of license loss, judges are permitted to issue a temporary restricted license during a DUI suspension. Generally, this license can be used only for travel related to work, school, or treatment purposes. The use of an ignition interlock device (IID) might also be required for a restricted license.
Implied Consent and Refusing a Chemical or Breath Test in Tennessee
Tennessee's "implied consent" laws require all drivers lawfully arrested for a DUI to submit to a breath test. While the officer may request a blood or breath test, only a breath test is required without a warrant.
An unlawful refusal leads to a one-year suspension for a first occurrence and a two-year suspension for a second offense within ten years.
Tennessee's Underage DUI Law
Tennessee drivers who are under the age of 21 can be cited for an underage DUI for operating a vehicle with a BAC of .02% or more or while under the influence of drugs or alcohol.
An underage DUI does not result in jail time. However, the judge can order the person to complete community service instead. The underage offender also faces up to $250 in fines and a one-year license suspension.
Plea Bargaining in Tennessee DUI Cases
If you get charged with a DUI in Tennessee, you might be hoping the prosecution will dismiss the case. However, unless the court throws out evidence that's critical to prove the charge, it's unlikely a prosecutor will agree to do so. But Tennessee law doesn't prohibit reducing a DUI charge to a lesser offense. So, depending on the circumstances, a reduction could be an option.
