Tennessee Traffic Laws: Points, Tickets, License Suspension and DUI
Tennessee driving rules: point system, speeding points, traffic school, how to pay or fight a ticket, license suspension, DUI limits and penalties.
Quick answers for Tennessee
- Point system
- Yes. Adult drivers who accumulate 12 or more points within any 12-month period are sent a notice of proposed suspension and may request an administrative hearing; Tennessee Dept. of Safety, Driver Improvement Points Accumulation
- Points for speeding
- Speeding over the speed zone: 1-5 mph = 1 point; 6-15 mph = 3 points; 16-25 mph = 4 points; 26-35 mph = 5 points; 36-45 mph = 6 points; 46+ mph = 8 points (3 points when the speed is not shown on the ticket). Tennessee Dept. of Safety, Schedule of Points Values
- Legal BAC limit
- 0.08% or more for drivers 21 and older; 0.04% or more when driving a commercial motor vehicle; 0.02% or more for drivers under 21. Tenn. Code Ann. §§ 55-10-401, 55-10-415
- First-offense DUI penalties
- Jail of at least 48 consecutive hours and up to 11 months and 29 days. If the driver's alcohol concentration was 0.15% or more, the minimum is seven consecutive days. Tenn. Code Ann. § 55-10-402(a)(1)
Last verified: 2026-10-27
Tickets and points
| Point system | Yes. Adult drivers who accumulate 12 or more points within any 12-month period are sent a notice of proposed suspension and may request an administrative hearing; without a hearing, driving privileges are suspended for six to 12 months. Drivers under 18 who accumulate 6 or more points in any 12-month period are placed in the Driver Improvement Program: 6-9 points may bring a 3-to-6-month suspension plus a required Defensive Driving Course within 90 days, and 10 or more points brings a six-month suspension. A parent or guardian must attend the juvenile's hearing. |
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| Points for speeding | Speeding over the speed zone: 1-5 mph = 1 point; 6-15 mph = 3 points; 16-25 mph = 4 points; 26-35 mph = 5 points; 36-45 mph = 6 points; 46+ mph = 8 points (3 points when the speed is not shown on the ticket). In a construction zone (non-commercial vehicles): 1-5 mph = 2; 6-15 = 4; 16-25 = 5; 26-35 = 6; 36+ = 8. Commercial vehicles have a separate schedule. |
| Traffic school | A driver facing a points suspension who requests a hearing may be offered a defensive driving class instead of suspension or to reduce the suspension time. The class must be completed within 90 days of the suspension letter and counts for credit only once every five years. Separately, for a first violation of the hands-free law, a driver may complete a driver education course instead of paying the fine. |
License suspension
| License suspension | Points suspensions run six to 12 months for adults (juveniles 3 to 12 months depending on points and record). To reinstate, all legal and departmental requirements must be met, including proof of liability insurance, completing a Defensive Driving Course, and paying reinstatement fees. Suspension rules for unpaid tickets, no insurance, and DUI were not confirmed from an official page read. |
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| Hardship or restricted license | A restricted license is available for frequent-traffic (points) suspensions. The driver submits the approved restricted license application, obtains SR-22 insurance, and visits a Driver Services Center; a license must have been valid within the last five years or the driver must retest. Restricted license rules after a DUI were not confirmed. |
DUI / DWI
| Legal BAC limit | 0.08% or more for drivers 21 and older; 0.04% or more when driving a commercial motor vehicle; 0.02% or more for drivers under 21. A driver can also be convicted of DUI for being impaired by any intoxicant or drug, whatever the alcohol level. For drivers 18 to 20, driving at 0.02% or more is a Class A misdemeanor carrying a one-year license suspension and a $250 fine. Official code not freely readable online; text verified on a public code mirror (code current as of January 2, 2024). § 55-10-415: https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-10-415/ |
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| First-offense DUI penalties | Jail of at least 48 consecutive hours and up to 11 months and 29 days. If the driver's alcohol concentration was 0.15% or more, the minimum is seven consecutive days. Official code not freely readable online; text verified on a public code mirror (code current as of January 2, 2024). |
| When a DUI is a felony | In Tennessee, a 4th DUI conviction is a Class E felony, with at least 150 consecutive days of incarceration. A 5th is a Class D felony, and a 6th or later is a Class C felony. If a child under 18 was in the vehicle and suffers serious bodily injury as a result of the DUI, the driver commits a Class D felony (punished as vehicular assault). If the child is killed, it is a Class B felony (punished as vehicular homicide involving intoxication). Mirror (Justia, 2025 Tennessee Code). |
| Refusing a breath test | A driver who refuses a test after being told the consequences faces a court-ordered license revocation: one year with no prior DUI conviction; two years with a prior conviction; two years if the driver was in a crash that seriously injured someone; and five years if someone was killed. Depending on prior history, a refusal may also lead to an ignition interlock requirement. Official code not freely readable online; text verified on a public code mirror (code current as of January 2, 2024). Revocation lengths may have changed under later legislation. |
| DUI lookback period | Ten years. A person convicted of DUI is not treated as a repeat or multiple offender for sentencing purposes if ten or more years have passed between the present violation and the immediately preceding DUI violation that resulted in a conviction (with an exception in subsection (c)(1)). Source: Tenn. Code Ann. § 55-10-405(a) |
| How long a DUI stays on your record | For repeat-offender penalties, Tennessee counts a prior DUI if it occurred within 10 years of the current violation. Once someone is a multiple offender, earlier DUIs each within 10 years of the next also count, but a violation more than 20 years before the current one is never counted. Prior vehicular assault or vehicular homicide convictions count no matter how old they are. A certified printout of the Department of Safety driver record is prima facie evidence of a prior DUI conviction. Mirror (Justia, 2025 Tennessee Code). Source: T.C.A. 55-10-405(a), (c)(1), (d) |
| Sobriety checkpoints | Legal and used. The Tennessee Highway Patrol publishes monthly 'Checkpoint Enforcement' schedules by district, listing the date, county, location and type of each checkpoint. Most are sobriety checkpoints, and some are driver-license checkpoints. For example, the September 2026 schedule lists sobriety checkpoints in Knox, Anderson, Hamilton and many other counties. |
Phones and distracted driving
| Phone and texting laws | Drivers may not physically hold or support a phone or stand-alone electronic device; write, send, or read texts, email, or internet data; reach for a device in a way that takes them out of a seated, belted position; watch video; or record or broadcast video. Drivers 18 and older may use an earpiece, headphones, or wrist device for calls, one button to start or end a call, voice-to-text, and GPS navigation; a mounted device may be operated with a single swipe or tap. A violation is a Class C misdemeanor with a fine of up to $50 ($100 for a third or later offense or if it causes a crash; $200 in an active work zone or school zone). A first offender may take a driver education course instead of the fine. A second or later violation by a driver under 18 adds 7 points. Source: Tenn. Code Ann. § 55-8-199 |
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Where to get help in Tennessee
Traffic Tickets & DUI FAQ
How does the driver point system work in Tennessee?
Yes. Adult drivers who accumulate 12 or more points within any 12-month period are sent a notice of proposed suspension and may request an administrative hearing; without a hearing, driving privileges are suspended for six to 12 months. Drivers under 18 who accumulate 6 or more points in any 12-month period are placed in the Driver Improvement Program: 6-9 points may bring a 3-to-6-month suspension plus a required Defensive Driving Course within 90 days, and 10 or more points brings a six-month suspension. A parent or guardian must attend the juvenile's hearing.
How many points is a speeding ticket in Tennessee?
Speeding over the speed zone: 1-5 mph = 1 point; 6-15 mph = 3 points; 16-25 mph = 4 points; 26-35 mph = 5 points; 36-45 mph = 6 points; 46+ mph = 8 points (3 points when the speed is not shown on the ticket). In a construction zone (non-commercial vehicles): 1-5 mph = 2; 6-15 = 4; 16-25 = 5; 26-35 = 6; 36+ = 8. Commercial vehicles have a separate schedule.
Can traffic school remove a ticket or points in Tennessee?
A driver facing a points suspension who requests a hearing may be offered a defensive driving class instead of suspension or to reduce the suspension time. The class must be completed within 90 days of the suspension letter and counts for credit only once every five years. Separately, for a first violation of the hands-free law, a driver may complete a driver education course instead of paying the fine.
What gets your license suspended in Tennessee?
Points suspensions run six to 12 months for adults (juveniles 3 to 12 months depending on points and record). To reinstate, all legal and departmental requirements must be met, including proof of liability insurance, completing a Defensive Driving Course, and paying reinstatement fees.
What is the legal blood alcohol limit in Tennessee?
0.08% or more for drivers 21 and older; 0.04% or more when driving a commercial motor vehicle; 0.02% or more for drivers under 21. A driver can also be convicted of DUI for being impaired by any intoxicant or drug, whatever the alcohol level. For drivers 18 to 20, driving at 0.02% or more is a Class A misdemeanor carrying a one-year license suspension and a $250 fine.
What is the penalty for a first DUI in Tennessee?
Jail of at least 48 consecutive hours and up to 11 months and 29 days. If the driver's alcohol concentration was 0.15% or more, the minimum is seven consecutive days.
What happens if you refuse a breathalyzer in Tennessee?
A driver who refuses a test after being told the consequences faces a court-ordered license revocation: one year with no prior DUI conviction; two years with a prior conviction; two years if the driver was in a crash that seriously injured someone; and five years if someone was killed. Depending on prior history, a refusal may also lead to an ignition interlock requirement.
How long does a DUI count as a prior offense in Tennessee?
Ten years. A person convicted of DUI is not treated as a repeat or multiple offender for sentencing purposes if ten or more years have passed between the present violation and the immediately preceding DUI violation that resulted in a conviction (with an exception in subsection (c)(1)).
Can you get a hardship license in Tennessee?
A restricted license is available for frequent-traffic (points) suspensions. The driver submits the approved restricted license application, obtains SR-22 insurance, and visits a Driver Services Center; a license must have been valid within the last five years or the driver must retest.
Is it illegal to hold your phone while driving in Tennessee?
Drivers may not physically hold or support a phone or stand-alone electronic device; write, send, or read texts, email, or internet data; reach for a device in a way that takes them out of a seated, belted position; watch video; or record or broadcast video. Drivers 18 and older may use an earpiece, headphones, or wrist device for calls, one button to start or end a call, voice-to-text, and GPS navigation; a mounted device may be operated with a single swipe or tap. A violation is a Class C misdemeanor with a fine of up to $50 ($100 for a third or later offense or if it causes a crash; $200 in an active work zone or school zone). A first offender may take a driver education course instead of the fine. A second or later violation by a driver under 18 adds 7 points.
Is a DUI a felony in Tennessee?
In Tennessee, a 4th DUI conviction is a Class E felony, with at least 150 consecutive days of incarceration. A 5th is a Class D felony, and a 6th or later is a Class C felony. If a child under 18 was in the vehicle and suffers serious bodily injury as a result of the DUI, the driver commits a Class D felony (punished as vehicular assault). If the child is killed, it is a Class B felony (punished as vehicular homicide involving intoxication).
How long does a DUI stay on your record in Tennessee?
For repeat-offender penalties, Tennessee counts a prior DUI if it occurred within 10 years of the current violation. Once someone is a multiple offender, earlier DUIs each within 10 years of the next also count, but a violation more than 20 years before the current one is never counted. Prior vehicular assault or vehicular homicide convictions count no matter how old they are. A certified printout of the Department of Safety driver record is prima facie evidence of a prior DUI conviction.
Are DUI checkpoints legal in Tennessee?
Legal and used. The Tennessee Highway Patrol publishes monthly 'Checkpoint Enforcement' schedules by district, listing the date, county, location and type of each checkpoint. Most are sobriety checkpoints, and some are driver-license checkpoints. For example, the September 2026 schedule lists sobriety checkpoints in Knox, Anderson, Hamilton and many other counties.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.