Tennessee DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in Tennessee, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
Tennessee DUI At a Glance
First Offense DUI in Tennessee
48 hours–11 months 29 days jail, $350–$1,500 fine, 1-year revocation
Tennessee uses a 10-year lookback period
Second Offense DUI in Tennessee
45 days–11 months 29 days, $600–$3,500 fine, 2-year revocation
When Does a DUI Become a Felony in Tennessee?
In Tennessee, a DUI typically becomes a felony charge at the 4th offense. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
Tennessee DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in Tennessee
Tennessee, like all U.S. states, has an implied consent law. By driving on Tennessee roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in Tennessee
Different states use different terminology. Tennessee uses DUI (Driving Under the Influence) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in Tennessee
If you are facing a DUI charge in Tennessee, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension