- The legal limit for a DUI in Tennessee is a BAC of .08%
- In 2024, a new state law reduced the threshold for elevated charges from .20% to .15%
- This means that if your BAC is .15% or higher, you’ll face elevated charges and more severe penalties
In Tennessee, anyone with a blood alcohol concentration (BAC) of .08% or higher can be charged with DUI. However, many Tennesseans are unaware that in 2024, a new law lowered the legal limit for enhanced charges to a BAC of .15%
This is an important change, because those enhanced charges could lead to harsher penalties, higher fines, and a minimum of seven days in jail.
What is the New DUI Limit in Tennessee?
While the legal limit – the point at which a driver is considered legally intoxicated – for a DUI remained unchanged at .08% BAC, the passage of House Bill 191 / Senate Bill 263 lowered the BAC for enhanced DUI penalties from .20% to .15%.
The law, which took effect on July 1, 2024, means that drivers with a BAC of 0.15% or higher may face aggravated DUI charges, which carry harsher penalties, including a minimum of seven days in jail for a first offense.
The American Addiction Center estimates that it takes about seven beers in two hours for an average-size man to register a BAC of .15% or higher, or five beers for an average-size woman.
Penalties you face will include:
- Mandatory minimum jail time of seven days (increased from 48 hours) and a maximum of up to 11 months and 29 days
- Mandatory probation
- Between $350 and $1,500 in fines
- Mandatory enrollment in an alcohol and drug treatment program
- Driver’s license revocation for up to one year
- Requirement to install ignition interlock device (in some cases) and pay for it out of pocket
- Additional court costs, towing fees, license reinstatement fees, and more
A BAC over 0.15% could also affect sentencing or bail decisions, particularly if you have previous DUI convictions. And if your arrest involved an accident or injury, you could end up facing felony charges, including vehicular assault or aggravated vehicular homicide.
And if someone is killed, you could potentially face a Class A felony charge. (TCA § 39-13-218).
READ MORE: Penalties for a first DUI in Tennessee
Why Did Tennessee Change the DUI Limit?
The state’s lawmakers decided to lower the BAC limit for elevated charges so courts could impose harsher sentences on any offender who is considered to have “significant” impairment.
Their goals were to:
- Toughen penalties for drivers who show signs of significant impairment.
- Align Tennessee law with recommendations from safety organizations such as the National Highway Traffic Safety Administration (NHTSA), whose statistics show that drivers with a BAC above 0.15% are at least 12 times more likely to be involved in a serious accident than drivers with no alcohol in their system.
- Give courts more discretion to impose harsher penalties on first-time offenders who drive with what many states already considered a dangerously high BAC.
Tennessee DUI Laws
While the legal limit for a DUI in Tennessee is .08%, it’s vital to realize that you can still be arrested and charged if you don’t meet this threshold. Simply exhibiting signs of intoxication can be enough.
Drivers must show one of the following to be arrested for DUI:
- Appear to be under the influence of any intoxicating substance, including alcohol, marijuana, a controlled substance, prescription medications, any substance that affects the central nervous system, or any combination of these.
- Have a blood alcohol concentration (BAC) of .08 or more
- Have a BAC of .04 or more while driving a commercial motor vehicle (§ 55-50-102)
However, a police officer’s interpretation of “intoxication” can be subjective. Other factors, such as illness or medication, may also cause signs of impairment.
READ MORE: What is DUI school in Nashville?
Charged with DUI? Let Us Help
If you’ve been arrested and charged with DUI in Nashville, contact us today. We will help you through the arrest protocols, help you gather the information you need to post bail, and will aggressively review the specifics of your case before crafting a customized defense strategy. Our No. 1 goal is always a dismissal, but if that isn’t possible, we will do everything within our power to help you walk away with the best possible outcome.
