DUI Laws in Tennessee
The legal BAC limit in Tennessee, first-offense DUI penalties, what happens if you refuse a test, and how long a DUI counts.
Short answer: 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
| 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) |
| 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. |
Where to get help in Tennessee
More Tennessee traffic tickets & dui
- Reinstating a Driver's License in Tennessee
- How Driver Points Work in Tennessee
- Paying or Contesting a Traffic Ticket in Tennessee
- All Tennessee traffic tickets & dui rules
FAQ
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.
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).
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)).
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.
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.
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.