DUI Penalties In Tennessee

For a First Offense DUI conviction in Tennessee with a BAC of 0.08 percent, the following apply:

  • Minimum 48 hours (straight and hour for hour) and up to 11 months, 29 days in jail
  • .20 BAC or greater minimum jail time 7 consecutive days
  • License revocation for 1 year
  • You will be ordered to participate in an alcohol and drug treatment program
  • Pay restitution to any person suffering physical injury or personal loss
  • $350-$1,500 fine
  • With towing, bail, attorney, high risk insurance, court costs, alcohol safety school, interlock fees and reinstatement fees, your first offense average costs could easily exceed $4000 to $5000
  • Judge will order you to install an Ignition Interlock Device, at your expense, if the Judge allows you to drive. Minimum first year costs could exceed $1,000
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

For someone with a second DUI conviction the following apply:

  • Minimum 45 days (straight and day for day) up to 11 months, 29 days in jail
  • $600-$3,500 mandatory fine
  • License revocation for 2 years
  • Subject to vehicle seizure/forfeiture
  • You will be ordered to attend an alcohol and drug treatment program
  • The judge will order you to install an Ignition Interlock Device, at your expense, if the Judge allows you to drive. Minimum first year costs could exceed $1,000
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
  • Pay restitution to any person suffering personal injury or loss

For someone with a third DUI conviction the following apply:

  • Minimum 120 days (straight and day for day) up to 11 months, 29 days in jail
  • $1,100 to $10,000 in mandatory fines
  • License revocation for 6-10 years.
  • Judge will order you to install an Ignition Interlock Device, at your expense, if the Judge allows you to drive. Minimum first year costs could exceed $1,000.00
  • Subject to vehicle seizure/forfeiture
  • Alcohol and drug treatment program
  • Judge could order an Ignition Interlock Device installed at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

For someone with a fourth or subsequent DUI conviction the following apply:

  • Class E Felony
  • 1 Year (365) days of jail time with a minimum of 150 consecutive days served straight and day for day
  • $3,000 to $15,000 mandatory fine
  • License revocation for 8 years
  • Judge will order you to install an Ignition Interlock Device, at your expense, if the Judge allows you to drive. Minimum first year costs could exceed $1,000.00
  • Subject to vehicle seizure/forfeiture
  • Alcohol and drug treatment program
  • Judge could order an Ignition Interlock Device installed at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.

Note: Sentence length depends on a number of factors, including the person's criminal history

OTHER DUI RELATED OFFENSES MAY RESULT IN THE FOLLOWING:

  • Vehicular Assault -Where a DUI results in serious injury to another person
  • Class D Felony
  • License revocation from 1 to 5 years according to number of prior offenses
  • Jail time 2 to 12 years according to range
  • Plus fines and court costs
  • No restricted driver license is available


Note: Sentence length depends on a number of factors, including the person's criminal history

Child Endangerment - DUI with passenger under 18 years old

  • Class D felony if child suffers serious injury [55-10-403] [40-35-112]
  • 2 to 12 years jail time
  • Class B Felony if child death involved
  • 8 to 30 years jail time
  • License revocation

Note: Sentence length depends on a number of factors, including the person's criminal history

Vehicular Homicide

  • Class B Felony [39-13-213] [40-35-112]
  • Fatal crash caused by DUI with .08 BAC or more
  • License revocation for 3-10 years/NO restricted license available
  • No restricted driver license is available Note: Sentence length depends on a number of factors, including the person's criminal history

Aggravated Vehicular Assault While Driving Intoxicated

  • Class A Felony [39-13-218] [40-35-112]
  • If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault convictions or, (c) any combination
  • One prior Vehicular Homicide
  • A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense

*Other costs which don't always get taken into consideration are the costs it takes to get a car back after it has been impounded. Depending on how long the car was there, it can cost $200 or more If the car has been impounded it will cost $10 a day, plus the tow fee. Also, if a vehicle is seized for forfeiture by the State of Tennessee, the value of the vehicle itself is a cost, in addition to the cost of replacing the vehicle.