In 2024, more than 19,000 Tennesseans were arrested and charged with DUI. Penalties vary based on the number of offenses on your record, your blood alcohol concentration, and whether your arrest involved any aggravating factors, including a BAC of .15 or higher, or whether there was a child in the vehicle. However, when researchers at Michael & Associates Criminal Defense Attorneys broke down DUI penalties by state, Tennessee was ranked the 14th strictest state. Here’s a breakdown of offenses and penalties.
First Offense
- 48 hours to 11 months, 29 days in jail (7 days minimum if BAC ≥ .15)
- One-year license revocation (restricted license available)
- Alcohol/drug treatment may be required
- A fine ranging from $350 to $1,500
- Installation of an Ignition Interlock Device (IID) may also be required
Second Offense
- 45 days to 11 months, 29 days in jail
- $600 to $3,500 fine
- Two-year license revocation (restricted license available)
- Possible vehicle seizure
- Alcohol/drug treatment required
- IID required (mandatory for 6 months after reinstatement if 2 DUIs in 5 years)
- Restitution required
Third Offense
- 120 days to 11 months, 29 days in jail
- $1,100-$10,000 fine
- Six-year license revocation (restricted license available)
- Possible vehicle seizure
- Alcohol/drug treatment required
- IID required (mandatory for 6 months after reinstatement if 2 DUIs in 5 years)
Fourth Offense
- Class E felony
- 1 year jail time (150 consecutive days minimum)
- $3,000-$15,000 fine
- 8-year license revocation (Restricted License available)
- Possible vehicle seizure
- Alcohol/drug treatment required
- IID required (mandatory for 6 months after reinstatement if 2 DUIs in 5 years)
Fifth and Subsequent Offenses
A fifth DUI is a Class D felony, while a sixth or subsequent DUI is a Class C felony. Both carry a minimum of 150 consecutive days in custody, with the maximum sentence depending on the felony classification and applicable sentencing range.
Aggravating Factors and Other Consequences of a DUI in Nashville
In addition to the penalties above, certain aggravating factors may result in increased charges and penalties.
Refusal to Submit to a Blood or Breath Test
Under Tennessee Code Annotated § 55-10-406, drivers are subject to Tennessee's implied consent law. If you're arrested for DUI and law enforcement asks you to submit to a breath test, blood test, or both, refusing the requested test can result in a separate implied consent violation.
For violations occurring on or after January 1, 2026, a person suspected of misdemeanor DUI who refuses a requested blood test can face an 18-month driver's license revocation if the person has no DUI, vehicular assault, or vehicular homicide conviction within the previous 10 years. Other revocation periods may apply depending on the circumstances and prior record.
A refusal can still violate Tennessee's implied consent law even if police later obtain a blood sample through a search warrant, court order, exigent circumstances, or another lawful method. In other words, police obtaining blood after a refusal does not automatically eliminate the consequences.
Tennessee law also allows oral fluid testing in DUI investigations under certain circumstances, including with the driver's consent, a search warrant, following a lawful arrest for certain offenses, or when exigent circumstances allow testing without a warrant.
Vehicular Assault
Tennessee Code Annotated § 39-13-106 defines vehicular assault as recklessly causing serious bodily injury to another person by the operation of a motor vehicle while intoxicated. Intoxication can mean being under the influence of alcohol, drugs, or any other intoxicant. It is a Class D felony.
Penalties
- Driver's license revocation, with the length depending in part on the driver's prior vehicular assault record
- Class D felony punishable by 2 to 12 years in prison, with mandatory minimum incarceration requirements that may apply based on prior convictions
- Additional fines and court costs
- No restricted license available
DUI with Passenger Under 18 (child endangerment)
Tennessee Code Annotated § 55‑10‑403 (DUI Offenses) classifies a DUI with a passenger under age 18 that results in a serious injury to a child as child endangerment. The charges and penalties depend on the extent of the injury:
Resulting in a severe injury: Class D felony, 2-12 years in jail
Resulting in the death of a child: Class B felony, 8-30 years in jail
Vehicular Homicide
Tennessee Code Annotated § 39-13-213 defines vehicular homicide by intoxication as recklessly killing another person by operating a motor vehicle when the death is the proximate result of the driver's intoxication. Vehicular homicide by intoxication is a Class B felony and carries a driver's license revocation of 3 to 10 years.
Aggravated Vehicular Assault with DUI
Aggravated Vehicular Assault (a more serious form of vehicular assault) while DUI is defined under Tennessee Code Annotated § 39-13-115.
- It occurs when someone seriously injures another person by the operation of a motor vehicle while driving under the influence, plus one of the following applies:
- The driver has two or more prior DUI convictions, vehicular assault convictions, or any combination of the two.
- The driver has a prior conviction for vehicular homicide involving intoxication.
- The driver’s blood alcohol concentration (BAC) is 0.15% or higher, and the driver has at least one prior DUI or Vehicular Assault conviction.
Aggravated vehicular assault is a Class C felony, punishable by 3 to 15 years in prison and a fine of $5,000 to $15,000.
We’re A New Breed of Nashville Criminal Defense Lawyers
Michael & Associates Criminal Defense Attorneys Founder and Managing Partner Ben Michael founded the firm to make fighting DUI charges less stressful. We provide white-glove, client-focused service and aggressive defense. We believe that you shouldn’t have to spend the rest of your life paying for a one-time mistake.
We only take on clients that we can help, and we limit the number of clients we accept to ensure that each of you gets the priority attention you deserve. Our hiring process is extremely rigorous, and we focus on finding experienced lawyers familiar with local communities (and judicial systems). While your attorney will be based in Nashville, they will have the backing of our nationwide team of DUI and DWI lawyers, including three attorneys who are Board Certified in Criminal Law and two ACS-CHAL Lawyer-Scientists. Our attorneys' advanced training in forensic science provides an added layer of experience when evaluating the blood, breath, and laboratory evidence prosecutors may rely on in a DUI case.
With Michael & Associates, you’re always in good hands.
Your Average Defense Attorney
- Hands off work to junior staffers
- Treats cases as an assembly line
- Accepts the first offer or path of least resistance
- Uses an answering service, then returns calls whenever they ‘get around to it’
At Michael & Associates
- We return your calls on the same business day
- Our senior attorneys personally handle the essential parts of your case
- Our personalized approach focuses on a meticulous investigation of all case details
- We will negotiate hard and go the extra mile to explore every possible option
- You get a personal cell phone number to contact, call, or text anytime, day or night
How to Fight a DUI Charge in Nashville
At Michael & Associates, we’ve developed a customized playbook to successfully challenge DUI arrests. We begin by talking you through your traffic stop and arrest, looking for potential weaknesses in the case against you. Some strategies could include:
- Were your rights violated? Police officers are human, and sometimes they fail to follow the proper procedures.
- Did the officer make a mistake? We will investigate how the arresting officer handled your case and how the evidence was processed.
- 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 smell alcohol in your vehicle? The smell of alcohol isn’t enough to prove you were intoxicated. 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).
- Conditions: Was the weather bad, or were you attempting to avoid an obstacle in the road? Could something have affected visibility? Were you on medication that could have affected your motor skills or reaction time?
- Is someone judging your appearance? If you’re tired or ill, you could have bloodshot eyes and a disheveled appearance that could be misinterpreted as signs of intoxication. We will explore the circumstances that led up to your traffic stop.
- Questioning field test results: Field sobriety tests and breath tests performed at the scene are notoriously inaccurate. If your balance is poor, you were stopped on a hill, or you were taking tests under poor conditions, it could impact your results. You can fail a breath test if you’re diabetic, taking some common medications, or even if you belch.
We will leave no stone unturned as we fight to protect your reputation.
You Need to Act Quickly After a Nashville DUI Arrest
The quicker you contact us, the faster we can begin crafting your defense. We will do everything possible to get the charges against you dismissed.
However, it’s critical to understand that Tennessee does not have an Administrative License Revocation (ALR) process like some other states. A DUI charge and an alleged violation of Tennessee's implied consent law are separate issues. Even if your DUI charge is dismissed or you are acquitted, you could still face a driver's license revocation for refusing a lawfully requested breath or blood test.
For violations occurring on or after January 1, 2026, a person suspected of misdemeanor DUI who refuses a requested blood test can face an 18-month driver's license revocation if the person has no DUI, vehicular assault, or vehicular homicide conviction within the previous 10 years. A refusal can also remain an implied consent violation even when police later obtain a blood sample through a search warrant or another lawful method.
Last updated in September 2026 to reflect new Tennessee DUI laws.
