Tennessee · DUI
Tennessee DUI laws and penalties
Tennessee's legal BAC limit is 0.08%. For a first offense, Tennessee's statute provides jail of 48 hours to 11 months and 29 days, a fine of $350 to $1,500, and a license suspension of 1 year. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
Tennessee · county map
No county of this state has a page yet; they are added as data is published.
Tennessee DUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.15%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- 10 years
- Prior DUI offenses that count
License hearing: no fixed request deadline
Tennessee has no administrative license hearing after a DUI arrest; the court orders the loss of license on conviction, and a test refusal is also handled by the court.Higher BAC level. At 0.15 or more a first offender serves at least seven consecutive days in jail instead of 48 hours.
Ignition interlock. The court must order an interlock for at least 365 days (or the whole revocation if longer) when the BAC was 0.08 or more, drugs were involved, a minor under 18 was in the car, the DUI caused a crash, or there was a prior DUI within 10 years; it can excuse it only on written findings that none of these applies.
01Penalties
Tennessee DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 48 hours | 45 days |
| Jail (maximum) | 11 months and 29 days | 11 months and 29 days |
| Fine (minimum) | $350 | $600 |
| Fine (maximum) | $1,500 | $3,500 |
| License suspension | 1 year | 2 years |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Tennessee compares
Of the 49 states with a confirmed BAC limit, 48 (Tennessee among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Tennessee requires one after every first conviction.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Alabama | 0.08% | 10 days | In some cases | Up to 1 year | $600 to $2,100 | 90 days |
| Arkansas | 0.08% | 7 days | Required | 24 hours to 1 year | $150 to $1,000 | 6 months |
| Georgia | 0.08% | 30 days | Not required | 10 days to 12 months | $300 to $1,000 | 12 months |
| Kentucky | 0.08% | No fixed deadline | In some cases | 48 hours to 30 days | $200 to $500 | 6 months suspension |
| Mississippi | 0.08% | 30 days | At the judge's discretion | Up to 48 hours | $250 to $1,000 | 120 days |
| Missouri | 0.08% | 15 days | In some cases | Up to 6 months | Up to $1,000 | 30 days suspension, then 60 days restricted driving privilege |
| North Carolina | 0.08% | 10 days | In some cases | 48 hours to 120 days | Up to $500 | 1 year |
| Tennessee (this page) | 0.08% | No fixed deadline | Required | 48 hours to 11 months and 29 days | $350 to $1,500 | 1 year |
| Virginia | 0.08% | 7 days | In some cases | Up to 12 months | $250 to $2,500 | 1 year |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in Tennessee
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Tennessee has no administrative license hearing after a DUI arrest; the court orders the loss of license on conviction, and a test refusal is also handled by the court.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Tennessee's statute provides jail of 48 hours to 11 months and 29 days, a fine of $350 to $1,500, and a license suspension of 1 year. See the penalties table above.
04Sources
Where Tennessee's figures come from
- Tenn. Code Ann. § 55-10-401(a) (capitol.tn.gov)Main statute
- Tenn. Code Ann. § 55-10-401(2) (capitol.tn.gov)BAC limit, age 21 and over
- 2024 Tenn. Pub. Acts ch. 1011 (SB 1055 / HB 587), amending Tenn. Code Ann. § 55-10-402(a)(1)(B) (capitol.tn.gov)Higher BAC level
- Tenn. Code Ann. § 55-10-415(a)(2), as rewritten by Pub. Ch. 1 (Second Extraordinary Session, 2016) (capitol.tn.gov)BAC limit under 21
- Tenn. Code Ann. § 55-10-405(a) (montgomerytn.gov)Lookback period · First offense: fine, minimum · First offense: fine, maximum · Second offense: fine, minimum · Second offense: fine, maximum
- Tenn. Code Ann. § 55-10-407(a)(1); § 55-10-404(a) (dui.tndagc.org)License hearing request
- Tenn. Code Ann. § 55-10-409(b)(2)(B)(i) and § 55-10-425(b) (as applied in State Form SF-0680, Rev. 12/24) (montgomerytn.gov)Ignition interlock, first offense
- Tenn. Code Ann. § 55-10-402(a)(1)(A) (restated by 2016 Pub. Ch. 876, § 14) (capitol.tn.gov)First offense: jail, minimum · First offense: jail, maximum
- Tenn. Code Ann. § 55-10-404(a)(1); Department of Safety revocation periods (safetysupport.tn.gov)First offense: license · Second offense: license
- Tenn. Code Ann. § 55-10-402(a)(2)(A) (capitol.tn.gov)Second offense: jail, minimum · Second offense: jail, maximum
Show the exact words behind each figureHide the exact words
- Main statute
Tenn. Code Ann. § 55-10-401
Tenn. Code Ann. § 55-10-401(a)
It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state
- BAC limit, age 21 and over
0.08%
Tenn. Code Ann. § 55-10-401(2)
it is an offense to operate a motor vehicle if the person's bac level is 0.08 percent or more
- Higher BAC level
0.15%
2024 Tenn. Pub. Acts ch. 1011 (SB 1055 / HB 587), amending Tenn. Code Ann. § 55-10-402(a)(1)(B)
SB1055 1011 Effective date(s) ... 07/01/2024 ... As enacted, lowers the threshold for enhancing the minimum sentence of a person convicted of driving under the influence of an intoxicant, from a blood alcohol concentration of 0.20 percent or more to a blood alcohol concentration of 0.15 percent or more.
- BAC limit under 21
0.02%
Tenn. Code Ann. § 55-10-415(a)(2), as rewritten by Pub. Ch. 1 (Second Extraordinary Session, 2016)
(a) A person under twenty-one (21) years of age shall not drive or be in physical control of an automobile or other motor-driven vehicle while: ... (2) The alcohol concentration in the person's blood or breath is two-hundredths of one percent (0.02%) or more.
- Lookback period
10 years
Tenn. Code Ann. § 55-10-405(a)
(j) In determining whether a conviction is a second or subsequent offense, all prior convictions within the past 10 years from the current conviction shall be considered. If the person's current conviction is within 10 years of the previous conviction, the person shall be considered a multiple offender.
- License hearing request
No fixed deadline
Tenn. Code Ann. § 55-10-407(a)(1); § 55-10-404(a)
If a driver violates § 55-10-406(d) (Refuses an Implied Consent request), the court shall revoke the license of the driver for One (1) year and six (6) months, if the person does not have a prior conviction.
- Ignition interlock, first offense
Required after a first conviction
Tenn. Code Ann. § 55-10-409(b)(2)(B)(i) and § 55-10-425(b) (as applied in State Form SF-0680, Rev. 12/24)
YES, IGNITION INTERLOCK REQUIRED (mark all that apply) YES, DUI BAC .08% OR HIGHER TCA 55-10-409(b)(2)(B)(i) ... DUI BAC IS NOT .08% OR ABOVE AND NO DRUGS
- First offense: jail, minimum
48 hours
Tenn. Code Ann. § 55-10-402(a)(1)(A) (restated by 2016 Pub. Ch. 876, § 14)
(A) Any person violating § 55-10-401, shall, upon conviction for the first offense, be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days.
- First offense: jail, maximum
11 months and 29 days
Tenn. Code Ann. § 55-10-402(a)(1)(A) (restated by 2016 Pub. Ch. 876, § 14)
Same passage as above.
- First offense: fine, minimum
$350
Tenn. Code Ann. § 55-10-403(a)(1)
(a) Any person who is convicted of a FIRST OFFENSE shall be fined not less than $350 nor more than $1,500; shall be confined in the county jail or workhouse not less than 48 hours nor more than 11 months and 29 days; and shall be prohibited from driving in Tennessee for 1 year;
- First offense: fine, maximum
$1,500
Tenn. Code Ann. § 55-10-403(a)(1)
Same passage as above.
- First offense: license
1 year
Tenn. Code Ann. § 55-10-404(a)(1); Department of Safety revocation periods
Depending on the type of DUI, the revocation length may be longer: DUI 1st – 1-year revocation (365 days) DUI 2nd - 2-year revocation (730 days)
- Second offense: jail, minimum
45 days
Tenn. Code Ann. § 55-10-402(a)(2)(A)
Present law requires a person convicted of DUI for a second offense to be sentenced to incarceration for at least 45 consecutive days but not more than 11 months and 29 days.
- Second offense: jail, maximum
11 months and 29 days
Tenn. Code Ann. § 55-10-402(a)(2)(A)
Same passage as above.
- Second offense: fine, minimum
$600
Tenn. Code Ann. § 55-10-403(a)(2)
(b) Any person who is convicted of a SECOND OFFENSE shall be fined not less than $600 nor more than $3,500; shall be confined in the county jail or workhouse not less than 45 days nor more than 11 months and 29 days; and shall be prohibited from driving in Tennessee for 2 years.
- Second offense: fine, maximum
$3,500
Tenn. Code Ann. § 55-10-403(a)(2)
Same passage as above.
- Second offense: license
2 years
Tenn. Code Ann. § 55-10-404(a)(2); Department of Safety revocation periods
Depending on the type of DUI, the revocation length may be longer: DUI 1st – 1-year revocation (365 days) DUI 2nd - 2-year revocation (730 days)
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.