- If you’re convicted of three DUIs over 10 years or less, you’ll spend at least 120 days in jail.
- Your driver’s license could be revoked for up to six years.
- The good news: A conviction isn’t inevitable. We know several ways to beat a DUI charge.
While a standard third DUI in Tennessee is classified as a misdemeanor, penalties are steep. They include a mandatory minimum of four months in jail, fines up to $10,000, and you could lose your driver’s license for six years.
And that’s if there are no aggravating factors.
If you’re caught with a BAC (blood alcohol concentration) of .15% or higher or have a child under age 18 in the vehicle, the stakes are even higher.
Criminal Penalties For A Third DUI Offense
Tennessee law uses a 10-year “look-back” period to determine whether a DUI will be treated as a first, second, or third offense.
All three of these are misdemeanor charges. A fourth (or subsequent) DUI over 10 years is a Class E felony.
- Two prior convictions within the past 10 years: If you’ve had two previous convictions in the past 10 years, the third offense will automatically be considered your third DUI.
- One conviction within the past 10 years: If you only have one DUI conviction within the past 10 years, but the second one is more than 10 years old, it can still count as the third offense, as long as it falls within 10 years of the other conviction.
- No convictions within the past 10 years: You will be legally considered a first-time offender under the state’s DUI sentencing laws. (Tennessee Code Annotated § 55-10-402).
Here is a breakdown of the penalties and consequences of a third DUI in Tennessee:
Minimum of 120 Days in a County Jail
In Tennessee, a third DUI conviction carries a mandatory minimum jail sentence of 120 days. The maximum sentence is 11 months and 29 days.
Any part of those 11 months and 29 days that you don’t spend in jail will be spent on probation.
The 120-day minimum must be served day for day, meaning there is no early release or credit for time served — you must complete the full 120 days in jail. (Contrary to what some people may try to tell you, you do not get credit that shortens the time behind bars to 60 days).
You may be able to get sentencing credits for good behavior or time spent completing sessions at a court-ordered DUI school or other substance abuse program.
If there is a passenger under the age of 18 in the vehicle, you may be required to spend an additional 30 days in jail.
If your BAC was .15% or higher, you may be required to spend an additional seven days in jail.
Probation
After you’ve served the minimum jail time, you will likely be placed on probation for the remainder of the jail sentence.
However, additional requirements, including meetings with a probation officer, random drug and alcohol screening, or use of an alcohol-monitoring ankle bracelet, may be required.
Fines up to $10,000
Fines for a third DUI conviction can be high. Expect to pay fines ranging from $1,100 to $10,000.
Additionally, you may have to pay court fees, bail bond fees, and the cost of installing an ignition interlock device (IID).
Revoked Driver’s License for up to 6 Years
In addition to fines and jail time, your driver’s license could potentially be revoked for up to six years. (§ 55‑10‑401 and § 55‑10‑404).
Certain aggravating factors could lead to a revocation of up to 10 years.
Though you may be eligible for a restricted driver’s license, there are very specific criteria you must meet.
A restricted license will probably require approval from the court and the installation of an ignition interlock device (IID).
It may also limit where you can drive (for example, you may only be allowed to drive to school, work, church, medical appointments, and other essential errands).
Additional Penalties and Consequences
Addiction treatment: You may be required to complete a court-ordered drug and alcohol assessment, attend DUI school, and/or complete counseling and a rehab program.
Vehicle seizure/forfeiture: If conditions aren’t met, your car may be seized or forfeited.
READ MORE: How much does a DUI cost in Tennessee?
How to Beat a 3rd DUI Charge
Penalties for a third DUI charge are severe, and pleading guilty without speaking to an experienced DUI defense lawyer is a mistake.
Even if you have prior convictions, we may still have strong defense options:
Illegal Traffic Stop
Police must have a valid reason to pull you over. If the stop lacked legal justification, we can move to suppress key evidence, such as breathalyzer results, field sobriety tests, and officer observations.
Arrest Procedure Violations
Officers must follow strict DUI protocols. If they skipped steps, misapplied procedures, or failed to document properly, we may be able to get evidence excluded.
Unreliable Breath or Blood Tests
Chemical tests can be flawed. We have DUI scientists on our team who have completed rigorous training in the science behind breathalyzers, blood tests, and other forensic evidence used in DUI cases.
They will investigate whether:
- The test was properly administered
- The equipment was properly maintained
- You were dealing with a medical condition
- The chain of custody was broken?
- Operator error or outside factors affected your results
Were Your Rights Violated?
We will carefully review your arrest. If you were questioned without being read your Miranda rights or you were unlawfully detained, your statements may be inadmissible.
Bodycam and dashcam footage
We review all available videos. If it contradicts the officer’s report or shows no signs of impairment, it could significantly help your case.
Challenging field sobriety tests
These tests are incredibly subjective. Stress, nerves, or roadside distractions can lead to unfair failures — and we know how to challenge them.
Questioning Witnesses
If someone saw you before your arrest and can confirm you weren’t impaired, we can use their testimony to support your defense.
Is the Evidence Weak?
The burden is on the prosecution to prove guilt beyond a reasonable doubt. If their case is shaky, we can push for reduced charges — or even dismissal.
Don’t give up hope. A third DUI doesn’t guarantee a conviction. Having the best possible defense team can make all the difference.
More Frequently Asked Questions
More Tennessee Resources
Do I have to stop for DUI checkpoints in Tennessee
