DUI Penalties In Tennessee

DUI Penalties in Tennessee can be harsh. In addition to jail and fines, you can face the suspension of your driver's license, more expensive insurance or the loss of your CDL or pilot's license. Criminal consequences will depend on previous DUI convictions. While most DUI offenses are classified as misdemeanors rather than felonies, the TN DUI penalties for DUI convictions are typically much more serious than other misdemeanors. In fact, any DUI conviction will mean spending time in jail. Contact us immediately if you are facing a DUI prosecution. Here is a listing of the potential court-related consequences:

Implied Consent - Refusal to Submit to Blood Alcohol Test1st Offense2nd OffenseIf Crash Resulted in Bodily Injury
(Most Aggravated Drunk Driving Law)
If Crash Resulted in Death
(Most Aggravated Drunk Driving Law)
T.C.A.
§ 55-10-406
Revocation of Drivers License
for 1 year
Revocation of Drivers License
for 2 years
Revocation of Drivers License for 2 yearsRevocation of Drivers License
for 5 years
T.C.A.
§ 55-10-401 -
§ 55-10-403
1st Time
DUI Offender

2nd Time
DUI Offender
3rd Time
DUI Offender
4th Time (or subsequent)
DUI Offender
PUNISHMENT

Class A Misdemeanor

11 months, 29 days

Class A Misdemeanor

11 months, 29 days

Class A Misdemeanor

11 months, 29 days

Class E Felony

One to six years TDOC

JAIL TIME

YES

Mandatory minimum

48 hours (7 days if blood alcohol concentration is .20% or higher)

YES

Mandatory minimum

45 days

YES

Mandatory minimum

120 days

YES

Mandatory minimum

150 days

FINES

Minimum fine $350

Maximum fine $1,500

Minimum fine $600

Maximum fine $3,500

Minimum fine $1,100

Maximum fine $10,000

Minimum fine $3,000

Maximum fine $15,000



WORK RELEASE
After mandatory minimum jail time.After mandatory minimum 45 days or, in certain circumstances, after 2 days.After mandatory minimum 120 days.After mandatory minimum 150 days.


LITTER PICK-UP

YES

Mandatory 24 hours of roadside litter pick-up.

NONONO

DUI ASSESSMENT

YES

$100

YES

$100

YES

$100

YES

$100



BLOOD ALCOHOL OR DRUG CONCENTRATION TEST FEE

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)


LICENSE REVOCATION
1 year2 years

Minimum 6 years

Maximum 10 years

Minimum 8 years




RESTRICTED DRIVER'S LICENSE

POSSIBLY

If no serious bodily injury or death. Not available for Commercial Motor Vehicle (CMV) driver's license.

Ignition interlock device required if BAC of 0.08% or higher.

POSSIBLY

Ignition interlock device required.

POSSIBLY

Ignition interlock device required.

NO
VEHICLE FORFEITUREPOSSIBLYJUDGE'S DISCRETIONJUDGE'S DISCRETIONJUDGE'S DISCRETION


INTERLOCK DEVICE

POSSIBLY

At the discretion of the court or mandatory if BAC of 0.08% or higher.

If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

MANDATORY

If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

MANDATORY

If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

MANDATORY

If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

ALCOHOL SAFETY/DUI SCHOOL OR VICTIM IMPACT PANELMANDATORYMANDATORYPOSSIBLYPOSSIBLY
REHABILITATION PROGRAMJUDGE'S DISCRETIONJUDGE'S DISCRETIONJUDGE'S DISCRETIONJUDGE'S DISCRETION
COMMUNITY SERVICEJUDGE'S DISCRETIONJUDGE'S DISCRETIONJUDGE'S DISCRETIONJUDGE'S DISCRETION
COMMUNITY SERVICEJUDGE'S DISCRETIONJUDGE'S DISCRETIONJUDGE'S DISCRETIONJUDGE'S DISCRETION

In addition to the above, elevated penalties apply in certain circumstances:

Vehicular Assault - Serious injury to another person by a DUI driver
  • Class D Felony (T.C.A. § 39-13-106)
  • License revocation from 1 to 5 years according to number of prior offenses
  • Jail time 2 to 12 years according to range(T.C.A. § 40-35-112)
  • Plus fines and court costs
  • No restricted driver license is available
Child Endangerment - DUI with passenger under 18 years old
  • Class D felony if child suffers serious injury(T.C.A. 55-10-403 & T.C.A. 40-35-112)
  • 2 to 12 years jail time
  • Class B Felony if child death involved
  • 8 to 30 years jail time
  • License revocation

If you are facing a DUI charge in Tennessee, call Huffman Butler & Mason, PLLC, immediately at 901-410-0689 to begin addressing your issues.