Tennessee DUI Laws: 2024 Guide

Under Tennessee law, you are considered to be driving drunk if you have a blood alcohol concentration (BAC) of .08% or higher. Drivers under the age of 21 can also face consequences of impaired driving with a BAC of .02 or above.

If you are arrested for DUI in Tennessee, you could lose your driver’s license for between one and eight years depending on whether you have any prior offenses. You may be able to request a restricted license, which could mean you are allowed to drive after an ignition interlock device has been installed in your vehicle.

There are also mandatory minimum jail terms for Tennessee drunk driving cases. For example, even first-time offenders could be forced to spend 48 hours in jail while a second-time offender could face a minimum of 45 days in jail.

You may have the option to try to negotiate a plea agreement after your arrest. This means that you admit guilt in exchange for being charged with a less serious offense such as reckless driving. Or you may arrange a deal in which you admit guilt in exchange for a prosecutor recommending a more lenient sentence than you would otherwise face if you are convicted. Talk with a Tennessee drunk driving lawyer about your options for pleading guilty to a drunk driving offense.

Diversion may also be an option in some circumstances. Pre-trial diversion allows you to potentially enter into a special program where you complete certain requirements in exchange for being able to avoid a conviction for drunk driving on your criminal record.

The penalties under Tennessee DUI laws vary depending on whether it is your first offense or whether you are a repeat offender. The following table shows the criminal penalties you could face depending on your DUI history.

Offense	Potential Jail Time	Potential Fines	License Revocation
1st Offense	48 hours to 11 months, 29 days	$350 – $1,500	1 year
2nd Offense	45 days to 11 months, 29 days in jail	$600 to $3,500 mandatory fine	2 years
3rd Offense	120 days to 11 months, 29 days	1,100 to $10,000 mandatory fines	6 years
4th and Subsequent Offenses	Up to one year with a minimum of 150 consecutive days	$3,000 to $15,000 mandatory fine	8 years

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In addition to these penalties, you may also be required to participate in court-ordered drug or alcohol treatment, to have an ignition interlock device installed in your car at your expense and make restitution to any victims who you harmed. You will face more serious penalties if your BAC is .20 or above.

Refusal to submit to a BAC test can also result in automatic revocation of your license for a year for a first offense or two years for a second offense.

Prosecutors can choose whether to move forward with your drunk driving case after a DUI arrest. If there is insufficient evidence, then a prosecutor may drop charges.

It is possible police violated your constitutional rights either when they pulled you over or when they requested that you submit to chemical testing. When your constitutional rights are violated, any evidence collected as a result is considered “fruit of the poison tree” and isn’t admissible in court against you. So, if you can show a constitutional violation, you may be able to request the court declare evidence inadmissible. This could lead to your charges being dropped or your case being dismissed due to insufficient evidence.

You can defend yourself in court even if the prosecutor can present all of the evidence collected. You could argue there was a problem with the way the chemical testing was administered, for example. Or, since your BAC keeps rising for a time after you stop drinking, you could argue you were below the legal limit while actually operating your vehicle even if your BAC was higher at the time of your subsequent chemical testing.

A Tennessee drunk driving lawyer will help you to assess whether you are likely to be able to get your case dismissed or get acquitted under Tennessee DUI laws. The advice of your attorney will help you decide whether you should take your chances in court or enter into a plea agreement to try to reduce the consequences of a conviction.

With the possibility of jail time, fines and a lost license, Tennessee DUI laws obviously impose serious penalties if you are found guilty of drunk driving. Make sure you obtain legal help as soon as possible after an arrest so you can work with a knowledgeable advocate who will help you do everything possible to get the best outcome in a bad situation.