2nd DUI Penalties in Tennessee: Jail Time & More

A second DUI conviction in Tennessee requires a minimum sentence of 45 days in jail.
Your driver’s license could be suspended for up to two years.
A 2nd DUI offense could also end up costing thousands of dollars in fines.

Even though a second DUI charge in Tennessee is still classified as a misdemeanor, a conviction carries significant penalties, including a mandatory 45 days in jail. It could also cost you thousands of dollars in fines and increased auto insurance rates, and you could lose your driver’s license for up to two years.

If you’re facing charges, you must have an experienced defense attorney to fight for you.

What Are the Penalties for a 2nd DUI in Tennessee?

In our exclusive study, we found that Tennessee ranks #14 for the strictest DUI penalties. Penalties for a second-offense DUI in Tennessee include:

A mandatory minimum of 45 days and a maximum of 11 months and 29 days in jail
After your jail sentence is complete, you’ll spend the remainder of the 11 months and 29 days on probation
Driver’s license revocation for two years (though a restricted license may be available)
Mandatory completion of a DUI school program or another rehab program
Fines from $600 to $3,500
Possible vehicle seizure

Longer-Term Consequences of a 2nd DUI

Additionally, there are longer-term consequences as well.

After your license suspension ends, you may be required to obtain a restricted license with an ignition interlock device. The restricted license allows you to drive to school, work, probation meetings, treatment programs, church, and complete essential errands.

While potential employers, professional licensing boards, and landlords might be willing to overlook one DUI conviction, a second conviction draws notice, and those convictions remain on your record for the rest of your life.

Can I Get a Restricted Driver’s License after a 2nd DUI in Tennessee?

Yes, as long as you complete the eligibility requirements — even if your BAC was 0.15% or higher. However, you probably won’t be able to avoid license revocation altogether.

Tennessee law states that after a second DUI, you must serve at least one year of the revocation period before you’re eligible for a restricted license, and you must have a certified court Order for Restricted License (ORDL) that a judge has signed. You’ll also be required to install an ignition interlock device (IID) on any vehicles you own or lease during the restricted period – and for six months it ends – at your own expense.

You’ll also be required to secure SR‑22 liability insurance from an insurer that’s licensed in Tennessee. DUI offenders must submit proof of this insurance when applying.

You must submit a certified court order, proof of IID installation, and the SR‑22 form at a Driver Services Center within 10 days of obtaining the court order. You will need to pay a license fee of $65 and a $2 application fee.

Additionally, you must not have any of the following:

Active suspensions, revocations, or license cancellations for unrelated offenses in Tennessee or elsewhere
IID violations
No convictions for vehicular assault, vehicular homicide, or aggravated vehicular homicide
Your DUI must not have resulted in a serious injury or death

You must have 120 consecutive days without a violation in order to remove the IID after the required period has ended.

How to Fight a Second DUI Charge in Tennessee

If you’ve been arrested for a second DUI in Tennessee, don’t plead guilty without first consulting a trusted DUI lawyer. You may have strong defenses available.

Was the traffic stop legal? Police officers cannot pull you over without probable cause. If the stop wasn’t legally justified, we can ask the court to suppress all resulting evidence — including field sobriety test results, breathalyzer readings, and officer observations.
Did police follow proper arrest procedures? Tennessee law requires officers to follow strict protocols during a DUI arrest. If the arresting officer violated these rules — by skipping required steps, failing to document the arrest properly, or misapplying procedures — we may be able to exclude critical evidence.
Are the chemical tests accurate? Our DUI scientists scrutinize the blood or breath test to determine:

Was it appropriately conducted?
Has all equipment been properly maintained?
Could a medical condition have skewed results?
Was a strict chain of custody followed?
Is there evidence of improper handling?
Could environmental factors or operator error have compromised the test?

Were your constitutional rights violated? If the police questioned you without reading your Miranda rights, or you were unlawfully detained, your answers may be inadmissible in court. We will capitalize on that.
Does video evidence support your case? We will request and review bodycam and dashcam footage to confirm the officer’s account. If these visuals don’t back up their accounts of events, we can use them to build your defense.
Can we challenge the field sobriety tests? In our experience, it’s easy to fail field sobriety tests. You’re stressed and surrounded by distractions. It might be dark. If this happens, we can challenge the results.
Are there witnesses who can help? If someone saw you before the arrest and can confirm you were not impaired, we may be able to use their statement to strengthen your case.
Does the prosecution have a weak case? Prosecutors must be able to prove impairment beyond a reasonable doubt. If the evidence they present is weak or circumstantial, we can move for a dismissal or reduction of charges.

Don’t Face a Second DUI Alone

A second DUI in Tennessee is serious — but a conviction isn’t a foregone conclusion. Contact our DUI defense team today to schedule a free consultation.

More Frequently Asked Questions about DUI in Tennessee

Q: What is the legal limit for driving under the influence in Tennessee?

A: In Tennessee, any driver who is caught with a blood alcohol concentration of 0.08% or higher can be charged with DUI. BAC measures the percentage of alcohol in your bloodstream.The number of drinks it takes to reach a BAC of 0.08% depends on several factors, including the amount of time that’s elapsed since you consumed the alcohol, the strength of the drinks, your gender, your weight, your tolerance, and even genetics.

Q: What should I do if I’m pulled over and accused of DUI?

A: As soon as you notice the patrol car, pull over immediately and safely. Don’t try to evade the police. You probably won’t be able to outrun them and will likely face additional charges.When the officer approaches your vehicle, be polite. The officer will probably ask to see your license, registration, and proof of insurance. If you have to reach for these items, tell the officer what you’re doing before reaching.Police officers will often ask you whether you know why they pulled you over. Simply answer “No, Sir” or “No, Ma’am.” A police officer must have a reason to justify pulling you over, and providing extra information could help the officer prove that he or she had a good reason.You have the right to refuse field sobriety tests and a preliminary breathalyzer test. If you believe you will fail, consider politely refusing to take the tests. Tell the officer that you aren’t comfortable completing these and that you want to speak with your attorney before doing so. Be as polite and even-keeled as possible. You’re probably being recorded.You may still be arrested if an officer detects slurred speech, the smell of alcohol, or bloodshot eyes. Once you’re in custody, you’ll be asked to take a blood or breath test. At that point, if you continue to refuse testing, your driver’s license will be revoked. Remain silent during questioning, and contact an attorney for advice immediately if possible to review your options.The officer may obtain a warrant to force you to take the test, but this takes time. Once they have a warrant, we recommend that you submit to the testing. Otherwise, that sample will be obtained by force, and it will not be a pleasant experience.

Q: Should I fight a second DUI?

A: Yes. You should never plead guilty to a DWI. Let your lawyer handle the plea bargaining process for you, and the outcome will almost always be better for you in the end.

Q: What sets Michael & Associates apart?

A: Michael & Associates offers a few things the other firms don’t: white-glove treatment that the drive to secure the best possible outcome for your case.We understand that every case is unique. We consider each client family and will give your case the same attention we would give to a family member’s case.Other firms pass you off to the answering service, and you are lucky if they even return that call by the end of the week. We provide Ben Michael’s cell number and ask that you text him directly if you have a pressing question.We’re by your side through the entire process, walking you through each step to reduce the huge amount of stress you’re under and get the best outcome we can.

Q: What types of cases will Michael & Associates help with?

A: Michael & Associates specializes in criminal law. We accept felony and misdemeanor criminal cases, including but not limited to:DUIPossession of a controlled substanceAssault and batteryFamily and domestic violenceWe don’t practice:Traffic lawFamily lawImmigration lawCivil law