Tennessee DUI
Penalty Calculator
Look up DUI/DWI penalties in Tennessee — fines, jail time, and license suspension.
Estimate your Tennessee DUI Penalty
Look up DUI/DWI penalties in Tennessee — fines, jail time, and license suspension.
· Data sourced from Tennessee statutes and court fee schedules.
Important: This tool provides educational estimates only — not legal advice. Made For Law is not a law firm and is not affiliated with, endorsed by, or connected to any federal, state, county, or local government agency or court system. Calculator results are based on statutory formulas and publicly available fee schedules — not AI. Supporting content is AI-assisted and editorially reviewed. Results may not reflect recent legislative changes or your specific circumstances. Do not rely solely on these estimates — always verify with official sources and consult a licensed attorney before making legal or financial decisions. Full disclaimer
Tennessee DUI/DWI penalties are enforced across 95 counties under Tenn. Code § 30-2-606.
Key Takeaways
- BAC limit: 0.08% in Tennessee (DUI)
- First offense: $350–$1,500 fine, 1 year license suspension
- Mandatory minimum jail time applies to first offenses
- Refusal penalty: 1-year license revocation
Key facts for Tennessee dui penalty
What drives dui penalty in Tennessee

DUI Laws in Tennessee
A first-offense DUI in Tennessee carries fines of $350–$1,500, jail time of 48 hours–11 months 29 days (7 days minimum if BAC 0.20+), and a license suspension of 1 year. The BAC limit is 0.08%; for drivers under 21 the zero-tolerance limit is 0.02%.
Commercial drivers face a 0.04% limit nationwide.
A DUI charge in Tennessee can be based on a per se violation (BAC at or above the legal limit) or on impairment — meaning an officer observed signs of intoxication regardless of BAC level. Drug-impaired driving, including prescription medications and marijuana, falls under the same statute.
Tennessee law enforcement officers use standardized field sobriety tests, breathalyzer tests, and blood draws to establish impairment. Refusing a chemical test triggers separate penalties under Tennessee's implied consent law.
DUI penalties in Tennessee escalate sharply with each subsequent offense. The state uses a 10 years lookback period to determine whether a new arrest counts as a first, second, or subsequent offense.
Prior convictions outside this window may not count for enhancement purposes, though some states have moved to lifetime lookback periods. Understanding where your case falls in this framework is critical to anticipating potential consequences.
Key reference: Tenn. Code § 30-2-606.
Tennessee's DUI cases are tried in Sessions Court or Criminal Court. Tennessee allows sobriety checkpoints.
Tennessee requires completion of an Alcohol and Drug Treatment Program and Victim Impact Panel as conditions of probation. SR-22 is required for 3 years.
Tennessee's mandatory minimum for first offense is 48 hours jail (7 consecutive days if BAC 0.20+). Tennessee's 'Restricted Driver License' allows continued driving during suspension with IID installed.
Tennessee does not have legal recreational marijuana. Tennessee's DUI courts in Davidson County (Nashville) and Shelby County (Memphis) provide specialty court monitoring.
Tennessee's tourism industry (Nashville honky-tonk district, Tennessee whiskey distilleries) drives significant DUI enforcement activity in Davidson County. Tennessee's DUI law provides for 'points' on driving records and premium increases through the Motor Vehicle Records system.
First Offense DUI Penalties in Tennessee
A first-offense DUI in Tennessee carries jail time of 48 hours–11 months 29 days (7 days minimum if BAC 0.20+), fines of $350–$1,500, and a license suspension of 1 year. Tennessee imposes mandatory minimum penalties for first offenders, meaning the judge cannot reduce the sentence below the statutory floor even in mitigating circumstances.
Beyond the statutory penalties, a first-offense DUI in Tennessee carries significant collateral consequences. These include a permanent criminal record (in most states), dramatically increased auto insurance premiums ($3,000–$5,000+ annually for 3–5 years), mandatory alcohol or drug education classes (typically 12–36 hours), and potential impacts on employment, professional licensing, and child custody.
The total cost of a first-offense DUI — including fines, fees, insurance increases, legal costs, and lost wages — typically ranges from $10,000 to $25,000.
Most first-offense DUI cases in Tennessee are classified as misdemeanors. Diversion or deferred adjudication programs may be available for first-time offenders, allowing the charge to be reduced or dismissed upon successful completion of court-mandated conditions.
These programs typically require substance abuse assessment, completion of a treatment program, community service, and a period of monitored sobriety. Eligibility varies by county and judicial district.

Second and Third Offense DUI in Tennessee
Penalties for a second DUI offense in Tennessee are substantially more severe than a first offense. Mandatory minimum jail sentences typically apply, fines increase significantly, and license suspension periods are extended.
In Tennessee, a second offense within the 10 years lookback period triggers enhanced penalties that may include mandatory jail time, extended probation, and mandatory installation of an ignition interlock device. The court has less discretion to offer alternative sentencing for repeat offenders.
A third DUI offense in Tennessee often crosses the threshold into felony territory. In Tennessee, a third offense remains a misdemeanor with enhanced penalties, but a fourth offense is classified as a felony with potential state prison time.
Felony DUI convictions carry long-lasting consequences including potential loss of voting rights, firearm ownership restrictions, and severe employment barriers.
The lookback period in Tennessee is 10 years. This is the window during which prior DUI convictions count as "priors" for sentencing enhancement purposes.
If a prior conviction falls outside the 10 years lookback window, a new offense may be sentenced as a first offense. However, the prior conviction still appears on the driving record and criminal history.
Aggravated DUI in Tennessee
Tennessee imposes enhanced penalties for aggravated DUI, which typically applies when the driver's BAC is 0.20% or higher — well above the standard 0.08% limit. An aggravated or "high BAC" DUI carries stiffer mandatory minimums, longer license suspensions, and in many cases mandatory jail time even for a first offense.
The elevated BAC level is considered strong evidence of extreme impairment and reckless disregard for public safety.
Beyond high BAC, other aggravating factors in Tennessee can elevate a standard DUI charge. Driving under the influence with a minor child in the vehicle (typically under age 16) is a separate or enhanced offense in most states, often adding mandatory jail time and additional criminal charges such as child endangerment.
Causing bodily injury or death while driving under the influence elevates the charge to a felony in virtually every state, with potential prison sentences of 5–20+ years.
Other common aggravating factors include driving on a suspended or revoked license at the time of the DUI arrest, excessive speeding (typically 20+ mph over the limit), driving the wrong way on a highway, and fleeing from law enforcement. Each of these factors can independently increase the severity of the charges and penalties.
In some jurisdictions, multiple aggravating factors can stack, resulting in consecutive sentences.
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License Suspension and Ignition Interlock in Tennessee
A DUI arrest in Tennessee triggers two separate license actions: an administrative license suspension (sometimes called Administrative License Revocation or ALR) imposed by the DMV, and a court-ordered suspension upon conviction. The administrative suspension takes effect shortly after arrest — often within 30 days — regardless of whether the criminal case has been resolved.
In Tennessee, the first-offense administrative suspension is typically 1 year. Drivers may request an administrative hearing to challenge the suspension, but strict deadlines apply (usually 10–30 days from the date of arrest).
Tennessee requires an ignition interlock device (IID) for first-offense DUI convictions. The IID is a breathalyzer connected to the vehicle's ignition that prevents the engine from starting if the driver's BAC exceeds a preset limit (typically 0.02–0.04%).
The device must be installed at the driver's expense ($70–$150 for installation plus $60–$80 per month for monitoring and calibration). The interlock requirement typically lasts 6–12 months for a first offense, with longer periods for repeat offenders.
Restricted or hardship licenses may be available in Tennessee during the suspension period, allowing driving to and from work, school, medical appointments, and court-ordered programs. Eligibility for a restricted license often requires installing an ignition interlock device and providing proof of SR-22 (high-risk) auto insurance.
Driving on a suspended license after a DUI conviction is a separate criminal offense that can result in additional jail time, fines, and extended suspension.

Implied Consent and Refusal Penalties in Tennessee
Like all states, Tennessee has an implied consent law — by operating a motor vehicle on Tennessee roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if an officer has probable cause to believe you are driving under the influence. Refusing a chemical test triggers separate administrative penalties that are often more severe than the penalties for failing the test.
In Tennessee, the penalty for refusing a chemical test on a first occurrence is 1-year license revocation.
Refusal to submit to testing is often used as evidence against the driver at trial. Prosecutors can argue that the refusal demonstrates consciousness of guilt — the driver knew they would fail the test.
Some states allow the jury to draw an adverse inference from the refusal. However, refusal also means there is no BAC evidence for the prosecution to present, which can make it harder to prove impairment.
This strategic calculation is one reason drivers sometimes refuse testing despite the administrative consequences.
Tennessee law distinguishes between field sobriety tests and chemical tests under implied consent. Drivers can generally refuse field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) without triggering implied consent penalties.
The implied consent law applies specifically to evidentiary chemical testing — typically a breathalyzer at the station or a blood draw. Portable breath tests (PBTs) used roadside may also fall outside the implied consent framework in some jurisdictions.
Consult a Tennessee DUI attorney immediately if you are facing refusal charges.
Questions families ask about Tennessee dui penalty
Edited and reviewed by our editorial team. Answers are general information — not legal advice.
What is the BAC limit in Tennessee?
The standard BAC limit is 0.08%. For commercial drivers it is 0.04%, and for drivers under 21 it is 0.02% under the zero-tolerance policy. For national data on impaired driving and BAC-related laws, see NHTSA impaired driving data and laws.
What are the penalties for a first DUI in Tennessee?
A first offense carries jail time of 48 hours–11 months 29 days (7 days minimum if BAC 0.20+), fines of $350–$1,500, and a license suspension of 1 year. Mandatory minimum penalties apply. Additional costs for insurance increases, legal fees, and classes typically bring the total to $10,000–$25,000.
Is a first DUI a felony in Tennessee?
A first offense DUI is generally a misdemeanor in Tennessee. However, if the incident involves serious injury or death, or other aggravating factors, it can be charged as a felony. A DUI becomes a felony at the 4th offense (lifetime) level in Tennessee.
What happens if I refuse a breathalyzer in Tennessee?
Under Tennessee's implied consent law, refusing a chemical test results in 1-year license revocation. The refusal can also be used as evidence against you at trial.
Does Tennessee require an ignition interlock device?
Yes, Tennessee requires an ignition interlock device for first-offense DUI convictions. The device costs approximately $70–$150 for installation plus $60–$80 per month.
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DUI Penalty Calculator in states that border Tennessee
Key statutes: Tenn. Code § 30-2-606
Sources
- Tennessee Courts — criminal court procedures, arraignment, and DUI hearings
- Tennessee Code — General Assembly — DUI/DWI statutes, penalties, and license suspension rules
- Tennessee Bar Association — criminal defense attorney resources and directory
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Open the calculatorLegal information, not legal advice. The DUI Penalty Calculator for Tennessee produces estimates based on public fee schedules and state statutes. Actual costs vary by case. For advice about your situation, consult a licensed Tennessee attorney.
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