Tennessee's DUI Laws and Penalties for a Conviction

Driving while intoxicated by alcohol or other substances is a criminal offense 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.

Penalties for a DUI conviction often include jail, fines, and a license suspension. The penalties generally increase each time a driver gets a new 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, substance, or drug (or a combination of any of these).

(Tenn. Code § 55-10-401 (2025).)

What Does Under the Influence Mean?

Tennessee law defines "under the influence" as being impaired to an extent that the driver's ability to operate a motor vehicle safely is affected. (Tenn. Code § 55-10-401 (2025).)

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).

Can You Be Convicted of DUI Without Driving?

In Tennessee, a person doesn't need to move a vehicle to get a DUI conviction. Tennessee requires only that a person be in physical control of a vehicle.

To be in "physical control" means having the "present physical ability to direct the vehicle's operation and movement." In one case, a motorist was intoxicated and sleeping in the driver's seat with the car's keys in his pocket and the engine off. The Supreme Court of Tennessee found that the evidence was sufficient to convict the person of DUI. (State v. Lawrence, 849 S.W.2d 761 (Tenn. 1993).)

First 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 (7-day minimum with a .15% BAC or more)
• $350 to $1,500 in fines, and
• a 1-year license suspension.

A court also may order probation as a condition of its sentence. (Tenn. Code §§ 55-10-402, 55-10-403, 55-10-404 (2025).)

If the offender had a passenger younger than 18 in the vehicle at the time of the offense, the minimum sentence is increased by 30 days. (Tenn. Code § 55-10-402 (2025).)

Second 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 2-year license suspension.

A court also may order probation as a condition of its sentence. (Tenn. Code §§ 55-10-402, 55-10-403, 55-10-404 (2025).)

If the offender had a passenger younger than 18 in the vehicle at the time of the offense, the minimum sentence is increased by 30 days. (Tenn. Code § 55-10-402 (2025).)

Third 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 6-year license suspension.

A court also may order probation as a condition of its sentence. (Tenn. Code §§ 55-10-402, 55-10-403, 55-10-404 (2025).)

If the driver had a passenger younger than 18 at the time of the offense, the judge must add 30 days to the mandatory jail (150 days in total). (Tenn. Code § 55-10-402 (2025).)

When Is a DUI a Felony in Tennessee?

When a driver has 3 or more prior convictions that occurred within the past 10 years, the next DUI (fourth or subsequent) will be a felony. DUI accidents involving injury or death can also be charged as felonies in Tennessee.

Fourth and Subsequent DUIs Are Felonies

A fourth DUI is a class E felony and has the following penalties:

• 150 days to 6 years in prison
• $3,000 to $15,000 in fines, and
• an 8-year license suspension.

(Tenn. Code §§ 40-35-111, 55-10-402, 55-10-403, 55-10-404 (2025).)

A fifth DUI is a class D felony and has a maximum prison sentence of 12 years. A sixth or subsequent DWI is a class C felony with a maximum prison sentence of 15 years. Fifth, sixth, and subsequent DWIs have the same minimum jail sentence, fines, and suspension period as a fourth DWI. (Tenn. Code §§ 40-35-111, 55-10-402, 55-10-403, 55-10-404 (2025).)

Some DUI Accidents Are Felonies

A DUI accident can be charged as vehicular assault if it causes bodily injury to a passenger younger than 18 or serious bodily injury to any other person. Vehicular assault is a class D felony and carries the following penalties:

• 48 hours to 12 years in prison
• up to $5,000 in fines, and
• a 1-year license suspension.

The minimum sentence increases if the motorist has prior DUI convictions. (Tenn. Code §§ 39-13-106, 40-35-111, 55-10-402 (2025).)

A DUI accident can be charged as vehicular homicide if another person or a passenger younger than 18 is killed. Vehicular assault is a class C felony and carries the following penalties:

• 48 hours to 15 years in prison
• up to $10,000 in fines, and
• a license suspension of 3 to 10 years.

The minimum sentence increases if the motorist has prior DUI convictions. (Tenn. Code §§ 39-13-213, 40-35-111, 55-10-402 (2025).) (2025).)

DUI Restricted Licenses

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. (Tenn. Code § 55-10-409 (2025).)

Implied Consent and Refusing a Chemical or Breath Test

Tennessee's "implied consent" laws require all drivers lawfully arrested for a DUI to submit to a blood or breath test. (Tenn. Code § 55-10-406 (2025).)

An unlawful refusal leads to a 1-year suspension for a first occurrence and a 2-year suspension for a second offense within 10 years. (Tenn. Code § 55-10-407 (2025).)

Tennessee's Underage DUI Law

Tennessee drivers who are younger than 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. (Tenn. Code § 55-10-415 (2025).)

An underage DUI is a class A misdemeanor, but it won't result in jail time. 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. (Tenn. Code § 55-10-415 (2025).)

Plea Bargaining in 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.

Getting Help From a DUI Lawyer

If you've been arrested for driving under the influence in Tennessee, you should seriously consider talking to a DUI attorney. A qualified DUI lawyer can review your case, let you know if you have any good defenses, and help you decide on the best course of action.