Tennessee DUI Penalties

Below you will find a basic overview of the penalty ranges for TN impaired driving charges. It is always a good idea to consult with an experienced Tennessee DWI/DUI lawyer to get a more precise estimate of your criminal penalty exposure.

Basic DUI Penalties Under Tennessee DUI Law

First Offense: If a driver is convicted of a DUI and has never been convicted of a DUI before within 10 years, he or she will be fined between $350 and $1500 and sentenced to between 2 days and 1 year in jail. If the driver had a BAC of at least 0.20, the minimum jail sentence is 7 days. The driver's license to drive will also be suspended for 1 year.

Second Offense: If a driver is convicted of a DUI and has been convicted of 1 DUI before within 10 years, he or she will be fined between $600 and $3500 and sentenced to between 45 days and 1 year in jail. The driver's license to drive will also be suspended for 2 years. The court may also sentence the driver to complete an alcohol treatment program.

Third Offense: If a driver is convicted of a DUI and has been convicted of 2 DUIs before within 10 years, he or she will be fined between $1100 and $10,000 and sentenced to between 120 days and 1 year in jail. The driver's license to drive will also be suspended for between 3 years and 10 years.

Fourth Offense or more: If a driver is convicted of a DUI and has been convicted of at least 3 DUIs before within 10 years, he or she will be fined between $3000 and $15,000 and sentenced to between 150 days and 6 years in prison. However, at least one of the prior DUIs must have occurred more recently than June, 1998. The driver's license to drive will also be suspended for 5 years.

Additional penalties for all Tennessee DUI offenses:

After the driver serves their minimum jail sentence, the court may place the driver on probation, during which he or she will be required to collect litter on public lands while wearing a brightly colored vest which clearly says, "I am a drunk driver."

Additional penalties for drivers who commit DUI offenses with a child in the vehicle:
If there is a child under 18 in the car when the driver committed the offense, the minimum jail sentence is 30 days and the minimum fine is $1000 even if the offense would otherwise be punished less severely.

Source: Tennessee Code Title 55 (Motor and Other Vehicles) 55-10-403(a), 55-10-403(s)

Tennessee DUI/DWI Vehicle Seizure and Forfeiture:

If a driver commits at least 2 DUI offenses within 5 years and they are both more recent than 1997, the vehicle that the driver was driving at the time of the offense may be seized and sold at auction by the State.

Source: Tennessee Code Title 55 (Motor and Other Vehicles) 55-10-403(k)

Tennessee DUI Vehicular Assault Penalties

If a driver either recklessly causes serious injury to another person as a result of driving under the influence or causes serious injury to a child under 18 in his or her own vehicle as a result of driving under the influence, the driver is guilty of Vehicular Assault. This is punished as a Class D felony, which means a sentence of between 2 years and 12 years in prison and a maximum fine of $5000. The driver's license to drive will also be suspended for 1 year for a first offense, 2 years for a second offense, 3 years for a third offense, and 5 years for any offense after that.

Source: Tennessee Code Title 39 (Criminal Offenses) 39-13-106, Tennessee Code Title 40 (Criminal Procedure) 40-35-111

Tennessee Vehicular Homicide Penalties

If a driver either recklessly causes the death of another person as a result of extremely dangerous conduct, or driving under the influence, the driver is guilty of Vehicular Homicide. This is punished as a Class C felony, which means a sentence of between 3 years and 15 years in prison and a maximum fine of $10,000. Also, if the driver causes the death of a child under 18 in his or her own vehicle as a result of driving under the influence, the driver is guilty of Vehicular Homicide and it is punished as a Class B felony, which means a sentence of between 8 years and 30 years in prison and a maximum fine of $25,000. The driver's license to drive will also be suspended for between 3 and 10 years.
Source: Tennessee Code Title 39 (Criminal Offenses) 39-13-213, Tennessee Code Title 40 (Criminal Procedure) 40-35-111

As long as the driver was not a repeat DUI offender and did not cause serious injury or death to another person as a result of driving under the influence, he or she can petition a judge for a restricted license which will allow the driver to drive with certain restrictions and for certain specified purposes. One of these restrictions is the mandatory use of an ignition interlock device.

Source: Tennessee Code Title 55 (Motor and Other Vehicles) 55-10-403(d) (1) (B), 55-10-403(d) (3), 55-10-403(d) (4)

Habitual DUI Offenders In Tennessee

If a driver has committed 3 driving-related offenses (including DUI, Vehicular Assault, and others) within 5 years, or else 5 offenses within 10 years, he or she can be classified as a habitual offender. The driver is entitled to a jury trial in which the State will have the burden of proof. If the State does prove its case, the driver's license to drive will be revoked for 3 years, after which time the driver must petition the court to have it reinstated.
Source: Tennessee Code Title 55 (Motor and Other Vehicles) 55-10-603, 55-10-611, 55-10-613

Underage Driving While Impaired Consequences In Tennessee

If a driver between 16 and 21 drives with a BAC of 0.02 or is under the influence of alcohol, another intoxicating substance, or both, he or she is guilty of Underage Driving While Impaired. The driver will be fined $250 and he or she will have his or her license to drive suspended for 1 year. The driver may also be required to perform community service.

Source: Tennessee Code Title 55 (Motor and Other Vehicles) 55-10-415