We Fight Tennessee DUIs Like Your Future is on the Line.
Close to 20,000 people were charged with DUI in Tennessee in 2024. But even though DUI charges are common in the Volunteer State, the consequences can be dire.
A first-time DUI in Tennessee carries a mandatory minimum of 48 hours in jail, fines from $350 to $1,500, the potential to have your driver's license suspended for up to a year, and mandatory participation in a drug or alcohol treatment program.
A DWI can also impact your driver's license, insurance rates, and even your job.
When you hire Michael & Associates, our goal is simple: to get your case dismissed or to minimize the consequences as much as possible.
What is a DUI in Tennessee?
Tennessee DUI law prohibits any person from driving or being in physical control of a motor vehicle while under the influence of drugs, alcohol, or any intoxicant that impairs their ability to operate the vehicle safely.
The phrase "physical control" has been interpreted by Tennessee courts to mean having care, custody, or control of the vehicle, which can include simply sitting in the driver's seat with the keys in your pocket — even if the engine is off.
Typically, the legal standard for intoxication is a blood alcohol concentration (BAC) of 0.08% or higher for drivers ages 21 and over. Commercial drivers are subject to a 0.04% limit, and drivers under 21 may be penalized for a BAC as low as 0.02%.
However, you don't have to fail a breathalyzer test to be arrested and charged with DUI. Tennessee law allows DUI charges even if your BAC is below 0.08%, as long as the police officer can prove that your ability to drive was impaired "to the slightest degree" due to:
- Alcohol
- Controlled substances
- Prescription medications
- Any other intoxicating substance
This means that simply appearing impaired is enough for you to be arrested for DUI, even without chemical or field testing.
And while you have the right to refuse testing, Tennessee has an implied consent law. This means that anyone who refuses a lawful request for a blood or breath test will face the potential for a one-year driver's license suspension, regardless of whether you're convicted of DUI.
DUI Penalties and Consequences in Tennessee
In 2024, 19,923 people were arrested and charged with DUI. Tennessee is considered one of the worst states for drunk driving, with a high rate of alcohol-related traffic fatalities. A significant portion of these fatalities involve drivers with a BAC of 0.15 or higher. In our ranking of states with the strictest DUI enforcement, Tennessee ranked 14th.
Penalties for DUI in Tennessee vary based on any prior offenses or whether there were aggravating circumstances.
First Offense
A first offense carries a mandatory minimum of 48 hours in jail — or 7 days if the BAC is 0.15% or higher — as well as 11 months and 29 days of probation, fines ranging from $350 to $1,500, a one-year license revocation, and mandatory participation in an alcohol or drug treatment program.
Second Offense
A second DUI conviction increases the required jail time to at least 45 days. Additionally, you'll pay a fine ranging from $600 to $3,500. Your license could be revoked for two years.
Third Offense
Third-time offenders face a mandatory minimum jail term of 120 consecutive days, with a maximum of 11 months and 29 days in county jail and fines ranging from $1,100 to $10,000. After jail, you're typically placed on probation to complete the remainder of your sentence. Your license may be revoked for up to six years.
Fourth (or Subsequent) Offense
A fourth DUI will be charged as a Class E felony. Penalties could include:
- Up to six years in jail with a mandatory minimum sentence of 150 consecutive days served day‑for‑day
- Fines between $3,000 and $15,000
- Driver's license revocation for up to eight years
Aggravating Factors
Aggravating factors such as a child passenger, elevated BAC, or causing injury or death can elevate charges and consequences, which may include vehicle forfeiture and mandatory ignition interlock installation.
Penalties for BAC ≥ 0.15% in Tennessee
| Offense | Standard minimum jail time | Minimum jail time if BAC ≥ 0.15% |
| First offense | 48 hours | 7 days minimum |
| Second offense | 45 days | May face additional penalties |
| Third offense | 120 days | May face additional penalties |
| Fourth or subsequent (felony) | 150 days minimum | May face additional penalties |
Administrative License Revocation Hearings in Tennessee
Tennessee does not have an Administrative License Revocation (ALR) process like some other states. However, your driver’s license can still be suspended in two key ways:
- If you are convicted of DUI, the Tennessee Department of Safety and Homeland Security will impose a license revocation as part of the sentence.
- If you refuse to submit to a breath or blood test under the state’s implied consent law, your license may be suspended even if you're not ultimately convicted of DUI.
These are separate administrative consequences that can significantly impact your ability to drive, regardless of the outcome of your criminal case.
What to Do If You're Pulled Over in Tennessee
- Don't agree to take field sobriety tests or a breathalyzer test. These are easy to fail and are designed to create evidence against you.
- Police can (and will) obtain a court order for a blood draw. Once this happens, it's in your best interest to cooperate. If you refuse, they will take the sample by force, and it won't be pleasant.
If you've already submitted to a breath or blood test and it showed you were over the limit, there's no need to panic. Michael & Associates has DWI scientists on staff who are highly skilled at challenging these results.
Contact us today to schedule a complimentary consultation.
READ MORE: How to handle a traffic stop
How to Fight a Tennessee DUI Arrest
At Michael & Associates, we've developed a playbook to challenge DUI arrests successfully.
- Question the evidence: We will question the circumstances of your traffic stop and the validity of any field sobriety testing you agreed to complete. We will also review whether the police report matches any video evidence from the scene.
- Did the officer make a mistake? It's important to remember that you have rights. We will investigate how the arresting officer handled your case and how the evidence was processed.
- Driving conditions: Was the weather bad, or were you attempting to avoid an obstacle in the road? Could something have affected visibility?
- Did the officer smell alcohol? The smell of alcohol isn't enough to indicate intoxication. If you consumed a single drink or someone spilled alcohol on your clothing, you may be better off agreeing to complete a chemical test (but not field sobriety testing).
- Is someone judging your appearance? If you're tired, you could have bloodshot eyes and a disheveled appearance that could be misinterpreted. Slurred speech can also lead to misunderstandings.
- Questioning field test results: If your balance is poor, you were stopped on a hill, or you were taking tests under less-than-ideal conditions, it could impact your results.
