What’s Considered a Felony DUI in Tennessee?

Typically, a fourth DUI over 10 years will be considered a Class E felony.
If someone is seriously injured or killed, a first through third DUI can be elevated to a felony.
If you’re facing felony charges, there are still ways to fight — and beat — them.

Most DUIs in Tennessee are misdemeanors. However, a fourth (or any subsequent) DUI conviction over 10 years is elevated to a felony charge.

This is an important distinction because the main difference between a misdemeanor and a felony is the amount of time you might have to spend in jail. Felonies can carry prison sentences of a year or more, and that time could be served in either county jail or state prison.

If you’re facing a felony DUI charge in the Volunteer State, it’s important to speak with an experienced attorney as soon as possible.

DUI Charges in Tennessee

In Tennessee, it’s illegal to drive a passenger vehicle if your BAC (blood alcohol concentration) is .08% or higher. Penalties are increased if your BAC is .15% or higher. Three or fewer DUIs over 10 years will typically result in misdemeanor charges, though there are a few exceptions that we will explain in a bit.

The BAC limit falls to .04% if you’re driving a commercial vehicle. And a second DUI conviction for a commercial driver can result in license suspension for life.

In What Situations Is a Tennessee DUI a Felony?

In Tennessee, the penalties for DUI increase based on how many prior convictions you have on your record. A DUI with no aggravating circumstances isn’t a felony unless it is at least your fourth offense in 10 years.

Even if one of your previous DUIs falls outside the 10-year timeframe, three recent infractions plus one elsewhere may still lead to felony charges, depending on exact dates. In Tennessee, this is calculated based on your arrest history (after mid‑2010) or your conviction dates.

What Happens If You’re Convicted of a Felony DUI in Tennessee?

Any felony DUI in Tennessee comes with severe penalties and long-term consequences. If you’re convicted, here’s what you could be facing:

Jail time: At least 150 days behind bars — and it could be up to 11 months and 29 days.
Probation: Any part of the 11 month and 29-day maximum sentence that isn’t spent in jail will be spent on probation.
Revocation or suspension of your driver’s license: You’ll lose your license for eight years. In some cases, you might be eligible for a restricted license.
Fines: You could be hit with fines anywhere from $3,000 to $15,000.
Vehicle loss: The state could take your car through seizure or forfeiture.

And if you’ve had two DUIs within the last five years, you’ll also have to install an ignition interlock device (IID) on your vehicle for six months after you get your license back.

Additionally, you’ll face potential longer-term consequences, including possible job loss, failed background checks, and difficulty qualifying for housing or loans.

When Does a DUI Become a Felony in Tennessee?

Most first through third DUI offenses are misdemeanors, but certain circumstances can quickly elevate a DUI charge into a felony. Here’s when that happens:

Someone gets seriously hurt: If your DUI causes serious injury to another person, you could be charged with vehicular assault — a Class D felony.
A child is injured: If the injured person is a minor, it’s still a Class D felony, but the penalties are even more severe. You could face up to 12 years in prison, a $5,000 fine, and lose your license for five years.
Someone dies: If your DUI results in a death, it becomes vehicular homicide, which is a Class B felony.
A child dies: If a minor is killed, you’re still facing a Class B felony, but the consequences are even harsher — up to 30 years in prison, $25,000 in fines, and a 10-year license suspension.

How We Fight (and Beat) Fourth DUI Charges in Tennessee

Facing a fourth DUI in Tennessee is overwhelming — it’s often a Class E felony with mandatory jail time, huge fines, and a lengthy license suspension. But being charged is not the same as being convicted.

At Michael & Associates, we know how to pick apart the state’s case. Our team includes experienced trial lawyers, former prosecutors, and DUI scientists who have the training and resources to challenge every piece of evidence against you.

Unlawful Traffic Stop

If police lacked probable cause to pull you over, we can move to suppress all evidence from the stop.

Arrest Procedure Errors

We look for skipped steps, improper procedures, or missing documentation that can get evidence thrown out.

Breath & Blood Test Challenges

Our DUI scientists have completed rigorous training and will examine whether:

Tests were properly administered
Equipment was properly maintained and calibrated
Medical conditions or outside factors skewed results
The chain of custody was broken

Field Sobriety Test Defense

These tests are notoriously subjective. Distractions, weather, headlight glare, or nerves can lead to unfair failures — and we know how to discredit them.

Bodycam & Dashcam Review

If we find a video that contradicts the officer’s report or shows no clear impairment, we use it to weaken the prosecution’s case.

Rights Violations

We will carefully review the circumstances of your arrest. If you weren’t read your Miranda rights or were unlawfully detained, your statements may be inadmissible.

Witness Testimony

We will search for and question witnesses who can confirm you weren’t impaired.

Exposing Weak Evidence

If the state’s case can’t prove guilt beyond a reasonable doubt, we push for reduced charges — or a full dismissal.

Don’t face a felony DUI charge alone. Let us help. Set up a free, confidential case review. We’ll explain your options, build a tailored defense, and help you fight for your freedom.

More Frequently Asked Questions

Q: Can I get probation for a Class E felony in Tennessee?

A: You might be eligible for probation instead of jail, but it will really depend on the charge and the judge handling your case. In many Class E felony cases, judges have the option to order probation. However, some offenses come with mandatory jail time—like DUI convictions, which require offenders to spend at least 150 consecutive days behind bars.Typical probation terms may include:Scheduled meetings with your probation officerMandatory drug and alcohol screeningTravel restrictionsEmployment requirementsCourt-ordered counseling or treatment

Q: What is the statute of limitations for a felony offense in Tennessee?

A: A statute of limitations is basically a deadline for how long the state has to charge someone with a crime. If prosecutors don’t file charges within that timeframe, the person usually can’t be prosecuted for it.In Tennessee, the statute of limitations for a felony offense depends on the classification of the felony and the specific crime involved. According to Tennessee Code Annotated § 40-2-101, these are the statutes of limitations for each felony classification:Class A Felony: 15 yearsClass B Felony: 8 yearsClass C or D Felony: 4 yearsClass E Felony: 2 years

Q: Can I get a hardship license after a DUI in Tennessee?

A: Even after a felony DUI conviction, you may be eligible for a hardship license that will allow you to drive to and from specific places while your driver’s license is suspended.If you’ve been convicted of a felony DUI in Tennessee, you may still be eligible for a restricted (hardship) license — but eligibility depends on the details of the case.You may be eligible if you:Have a valid Tennessee (or out-of-state) license that’s suspended (not revoked)Are not convicted of vehicular homicide, aggravated vehicular crimes, or a DUI that resulted in serious injury or deathAgree to install and maintain an ignition interlock device (IID) if the court requires oneCarry SR-22 insurance and pay all applicable fees ($65 license fee + $2 application)Most first-time felony DUI cases that don’t involve death or injury will be eligible for a hardship license.

Q: Should I fight a DUI in Tennessee?

A: Yes, whether you’re a first-time offender or are facing a felony DUI charge, you should always consult an experienced attorney before entering a guilty plea.Because each conviction remains on your criminal record for life and penalties increase with each subsequent conviction, an experienced attorney may be able to negotiate a better deal that will protect your future.Contact us today to set up a free consultation. We will review the specifics of your case and will talk you through your options and next steps.

Q: What’s the Difference Between a Felony and a Misdemeanor DUI?

A: All Tennessee DUIs will remain on your criminal record for life, regardless of whether they’re classified as felonies or misdemeanors.The primary difference between misdemeanors and felonies is the amount of jail time you’ll have to serve. The first three DUI convictions cap the maximum jail time at eleven months and twenty-nine days—the minimum amount of jail time increases for each conviction.First offense:Mandatory 48 hours in jailSecond offense:Mandatory 45 consecutive daysThird offense:Mandatory 120 consecutive daysFourth offense:Mandatory 150 consecutive days with up to a year in a county jail or state prison