Tennessee DUI Laws Explained In Simple Terms
This page contains extensive information regarding Tennessee DUI laws including information on penalties, fines, restricted licenses, CDL violations, underage driving while impaired, ignition interlock devices, alcohol & drug abuse treatment programs, SR22 insurance requirements following a DUI offense, along with a wealth of information on each subject matter explained in simple, easy to understand terms.
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Tennessee Administrative License Hearing
When a person is stopped by an officer and the officer has reasonable grounds to believe that the person has been driving under the influence, the officer is going to request you to perform some field sobriety tests (which you are not required by law to submit to any field sobriety tests, so just kindly refuse the officers request), the officer is then going to ask you to submit to a breath test.
If you refuse the official breath test or fail the test the arresting officer will confiscate your driver's license and issue you a notice of revocation that will act as your temporary driving permit for the next 10 business days. Once this happens you only have 10 business days in which to request an administrative hearing to challenge the revocation of your driver's license. If you fail to request a hearing within the 10 day window, you will not be granted a hearing after that time and the officer's revocation of your license will stand.
When a hearing is requested, the department must, within 15 days after the receipt of the request schedule your hearing. Filing a request for a hearing also extends the effective date of your temporary driving permit until the date of your hearing.
The administrative hearing is going to be held in front of an Administrative Law Judge (ALJ) who is responsible for reviewing all of the evidence from both sides and hearing testimony from both sides and then will make the final decision as to whether or not the officer's revocation of your license shall be upheld or dismissed.
The administrative hearing process can be quite intimidating and should not be navigated alone. It is going to take the skills and experience of a Tennessee DUI attorney who has been through the administrative hearing process before if you wish to have any chance at having the revocation of your license overturned. An experienced DUI attorney typically charges around $500 to represent a client at an administrative hearing.
If the officer's revocation of your license is upheld by the ALJ you may request a judicial review of the decision. Your attorney will explain the judicial process to you if you and your attorney decide to purse the matter further.
Tennessee Restricted License Information
If the revocation of your driver's license is upheld at your administrative hearing you may be eligible for a restricted license if this is a first or second offense. If this is a third or subsequent offense, you will not be eligible for a restricted license and will have to wait until your revocation period is over before you will be able to regain your driving privileges.
To obtain a restricted license you will need to obtain a certified order from the court where you were convicted that says that you are eligible for a restricted license and then within 10 days of receiving the certified order you must present the original copy of the order along with one copy of the order, provide proof of a valid Tennessee SR22 insurance policy, pass a driver's exam and pay a $67 fee to a Driver License Examiner at your local Driver Services Center before you will be issued your restricted license.
Tennessee SR22 Insurance Requirements
A requirement of obtaining a restricted license or having your license reinstated at the end of your revocation period will be to file an SR-22 form with the Driver License Examiner at a Driver Services Center. An SR22 form is basically a form that says that your insurance provider will inform the Department of Safety if there is even a one day lapse in your coverage.
You want to avoid a lapse in coverage if at all possible because if there is a lapse in coverage, the DOS will immediately revoke your driver's license and you will have to go through the process of re-filing the SR22 form with the DOS along with paying another $67 fee before the department will issue you another restricted license or reinstate your license.
If a lapse in coverage occurs, your 3-year SR22 filing period will begin from the start. So if you were 18-months through your filing period requirement, that 18-months will be wiped out and your 3-year period starts all over again. A lapse in coverage can be very costly.
The best way to avoid a lapse in coverage is to find the lowest possible price on an SR22 insurance policy before you commit yourself to an insurance provider. The best way to ensure yourself of finding the lowest priced policy from the start is to use an SR22 insurance quoting system like we have put together for you here on this website.
We have partnered with the top insurance providers throughout the state of Tennessee to help make the process of finding an SR22 insurance policy as painless as possible. It should be noted that not every insurance company out there offers SR22 policies and you could spend hours calling the various insurance companies to find one that will do an SR22 filing.
The problem with this scenario is that going about the process in this way does not guarantee you of finding the lowest rates possible and the reason for this is because when you call each insurance provider they have no incentive to offer you their lowest rates to get your business.
When you go through our network of providers you can rest assured that you are going to get the lowest rates possible and the reason is because all of the providers in our network know that they will be competing against the other insurance providers in our network for your business. It is this competitive scenario that works out to your advantage.
By entering your zip code into the box below you will be directed to our quote form that you can complete in a couple of minutes and receive multiple quotes from the top providers in your area of Tennessee that offer SR22 insurance. This way you will be able to compare multiple quotes side-by-side and choose the policy that is right for you.
Tennessee First Offense DUI Penalties
A Tennessee DUI conviction is classified as a first offense as long as there have been no prior DUI convictions within the previous 10-year period preceding the current offense. A first offense conviction is a Misdemeanor offense and carries the following penalties:
- If your BAC level was less than .20% you will be facing a minimum jail sentence of 48 hours up to a maximum jail sentence of 11 months. If you are under the age of 21 the maximum jail sentence is 29 days. If your BAC level was .20% or greater the minimum jail sentence will be 7 consecutive days. If there was a passenger under the age of 18 in the vehicle at the time of arrest there is a mandatory minimum jail sentence of 30 days.
- The minimum fines for a first offense conviction are $350 up to a maximum of $1,500 in fines, plus you will have to pay all associated court costs. If there was a passenger under the age of 18 in the vehicle at the time of arrest there is a mandatory minimum fine amount of $1,000 plus court costs.
- All first time offenders will be required to attend a state approved DUI school.
- At the judge's discretion you may be required to attend a state approved alcohol and drug addiction treatment program (ADAT).
- You will be required to pay restitution to any person who suffered any physical injuries as a result of the DUI offense.
- If the judge deems it necessary, he or she may require you to have an ignition interlock device installed on any vehicles you drive by a state approved installer as a requirement of having your license reinstated at the end of your revocation period or receiving a restricted license. The minimum first year costs of an ignition interlock device averages $810 which includes the installation charges along with the regularly scheduled monitoring of the unit.
- Your license will be revoked for a period of 1-year following a first offense. Anyone who refused to submit to a chemical test, which is a "implied consent law" violation will also have their license revoked for 1-year. As long as your driver's license was valid at the time of arrest you will be eligible for a restricted license by meeting the following criteria:
- You must obtain a certified court order authorizing the issuance of a restricted license.
- You must submit the certified court order to the Driver License Examiner within 10 days of being issued the court order.
- You will need to show proof of financial responsibility in the form of a Tennessee SR22 insurance policy.
- You will have to pay a $67 driver's license fee and pass a driver's license exam.
The average costs for a first offense DUI charge in Tennessee is about $5,000 which includes towing, bail, attorney fees, court costs, DUI school, alcohol assessment, license reinstatement fee and the increase cost of an SR22 insurance policy. The costs will increase when you calculate in your time lost from work.
Tennessee Second Offense DUI Penalties
A Tennessee DUI conviction is classified as a second offense as long as there has been no more than one prior DUI conviction within the previous 10-year period preceding the current offense. A second offense conviction is a Misdemeanor offense and carries the following penalties:
- The minimum jail sentence for a second offense conviction is 45 days up to a maximum jail sentence of 11 months and 29 days. If there was a passenger under the age of 18 in the vehicle at the time of arrest you may face an additional 30 days in jail above the 45 day minimum.
- The minimum fines for a second offense conviction are $600 up to a maximum of $3,500 in fines, plus you will have to pay all associated court costs. If there was a passenger under the age of 18 in the vehicle at the time of arrest there is a mandatory minimum fine amount of $1,000 plus court costs.
- All second time offenders will be required to attend a state approved DUI school.
- At the judge's discretion you may be required to attend a state approved alcohol and drug addiction treatment program (ADAT).
- You will be required to pay restitution to any person who suffered any physical injuries as a result of the DUI offense.
- If the second offense occurred within 5-years of a previous conviction you will be required to have an ignition interlock device installed on any vehicles you drive before being issued a restricted license and the IID will have to remain in place for a period of 6-months beyond the full reinstatement of your driving privileges at the end of your revocation period.
- If the judge deems it necessary, he or she may require you to have an ignition interlock device installed on any vehicles you drive by a state approved installer as a requirement of having your license reinstated at the end of your revocation period or before being issued a restricted license. The minimum first year costs of an ignition interlock device averages $810 which includes the installation charges along with the regularly scheduled monitoring of the unit.
- Your license will be revoked for a period of 2-years following a second offense. Anyone who refused to submit to a chemical test, which is a "implied consent law" violation will also have their license revoked for 2-years. As long as your driver's license was valid at the time of arrest you will be eligible for a restricted license after 1-year of your revocation period has passed. You will have to meet the following criteria before being issued a restricted license:
- You must obtain a certified court order authorizing the issuance of a restricted license.
- You must submit the certified court order to the Driver License Examiner within 10 days of being issued the court order.
- You will need to show proof of financial responsibility in the form of a Tennessee SR22 insurance policy.
- You will have to pay a $67 driver's license fee and pass a driver's license exam.
Tennessee Third Offense DUI Penalties
A Tennessee DUI conviction is classified as a third offense if at least one of the two prior DUI convictions occurred within the previous 10-year period preceding the current offense .A third offense conviction is a Misdemeanor offense and carries the following penalties:
- The minimum jail sentence for a third offense conviction is 120 days up to a maximum jail sentence of 11 months and 29 days. If there was a passenger under the age of 18 in the vehicle at the time of arrest you may face an additional 30 days in jail above the 120 day minimum.
- The minimum fines for a third offense conviction are $1,100 up to a maximum of $10,000 in fines, plus you will have to pay all associated court costs.
- All third time offenders will be required to attend a state approved DUI school.
- At the judge's discretion you may be required to attend a state approved alcohol and drug addiction treatment program (ADAT).
- The court may order your vehicle to be seized and forfeited to the state.
- You will be required to pay restitution to any person who suffered any physical injuries as a result of the DUI offense.
- If the third offense occurred within 5-years of a previous conviction you will be required to have an ignition interlock device installed on any vehicles you drive for a period of 6-months beyond the full reinstatement of your driving privileges at the end of your revocation period.
- Third time offenders are not eligible for a restricted license. You will have to wait until your revocation period ends before regaining your driving privileges.
- If the judge deems it necessary, he or she may require you to have an ignition interlock device installed on any vehicles you drive by a state approved installer as a requirement of having your license reinstated at the end of your revocation period. The minimum first year costs of an ignition interlock device averages $810 which includes the installation charges along with the regularly scheduled monitoring of the unit.
- Your license will be revoked for a period of 3 to 10-years following a third offense. You will have to meet the following criteria before your license will be reinstated at the end of your revocation period:
- You will need to show proof of financial responsibility in the form of a Tennessee SR22 insurance policy.
- You will have to pay a $67 driver's license fee and pass a driver's license exam.
Tennessee Fourth or Subsequent Offense DUI Penalties
A fourth or subsequent DUI is a Class E Felony offense in Tennessee and carries the following penalties:
- The jail sentence for a fourth or subsequent DUI conviction is 365 days (1-year) and you must serve a minimum of 150 of those days consecutively.
- The minimum fines for a fourth or subsequent offense conviction are $3,000 up to a maximum of $15,000 in fines, plus you will have to pay all associated court costs.
- All fourth time offenders will be required to attend a state approved DUI school.
- At the judge's discretion you may be required to attend a state approved alcohol and drug addiction treatment program (ADAT).
- The court may order your vehicle to be seized and forfeited to the state.
- You will be required to pay restitution to any person who suffered any physical injuries as a result of the DUI offense.
- If the fourth or subsequent offense occurred within 5-years of a previous conviction you will be required to have an ignition interlock device installed on any vehicles you drive for a period of 6-months beyond the full reinstatement of your driving privileges at the end of your revocation period.
- Fourth or subsequent time offenders are not eligible for a restricted license. You will have to wait until your revocation period ends before regaining your driving privileges.
- If the judge deems it necessary, he or she may require you to have an ignition interlock device installed on any vehicles you drive by a state approved installer as a requirement of having your license reinstated at the end of your revocation period. The minimum first year costs of an ignition interlock device averages $810 which includes the installation charges along with the regularly scheduled monitoring of the unit.
- Your license will be revoked for a period of 5-years following a fourth or subsequent offense. You will have to meet the following criteria before your license will be reinstated at the end of your revocation period:
- You will need to show proof of financial responsibility in the form of a Tennessee SR22 insurance policy.
- You will have to pay a $67 driver's license fee and pass a driver's license exam.
Tennessee Felony DUI Enhancements
A DUI offense that would typically be classified as a Misdemeanor offense including a first, second or third offense can be enhanced to a Felony offense if one of the following circumstances applies:
- If the DUI offense resulted in the serious bodily injury of another person it will be classified as "Vehicular Assault" which is a Class D Felony offense which will result in the following penalties:
- Your license will be revoked for between 1 and 5-years. The length of the revocation will depend on the severity of the injuries to the other person along with any prior convictions.
- You will be facing a jail sentence of 2 to 12-years. The actual length of the jail sentence will be at the court's discretion and based upon the injuries to the other person along with any prior convictions.
- You will also have to pay fines, court costs and all other penalties related to the offense.
- If there was a child under the age of 13 in the vehicle at the time and the child suffered serious injury it will be classified as "Child Endangerment" which is a Class D Felony offense. If an accident resulted in the death of a child under the age of 13 you are guilty of a Class C Felony offense. The penalty enhancements are as follows:
- Class D Felony will result in a jail sentence of 2 to 4-years.
- Class C Felony will result in a jail sentence of 3 to 6-years.
- Your license will be revoked for a period of time to be determined by the court.
- You will also have to pay fines, court costs and all other penalties related to the offense.
- If the DUI offense resulted in the death of another person it is "Vehicular Homicide" which is a Class B Felony offense.
- The length of imprisonment will be at the court's discretion based upon the circumstances surrounding the case and prior convictions.
- Your license will be revoked for a minimum of 3-years up to 10-years and you will not be eligible for a restricted license.
- You will also have to pay fines, court costs and all other penalties related to the offense.
- A DUI offense will be an "Aggravated Vehicular Assault" charge which is a Class A Felony if any of the following circumstances apply:
- You have been convicted of two or more DUI or Vehicular Assault convictions or a combination of the two.
- You have one prior Vehicular Homicide conviction.
- You had a BAC level of .20% or greater at the time of the Vehicular Homicide and have one prior DUI or Vehicular Assault conviction.
Tennessee Underage Driving While Impaired Law
If you are under the age of 21 and stopped by an officer in Tennessee and found to have been consuming alcohol and have a blood alcohol concentration level of .02% or greater you will be arrested for violating Tennessee's "zero tolerance" law regarding under age drinking and driving.
You will also be arrested if you are found to be under the influence of an intoxicant, marijuana or any other drug that effects the central nervous system or any combination of alcohol and drugs. Even if you are under the influence of a prescription drug that has been prescribed by a licensed doctor is not considered a viable defense for driving while your ability has been impaired.
The offense of underage drinking and driving is classified as driving while impaired, which is a lesser charge of driving while intoxicated or DWI.
If you are between the ages of 16 and 18 and arrested for driving while impaired you are guilty of committing a delinquent act. The penalties for committing a delinquent act include a 1-year suspension of your driver's license along with a $250 fine. If the court deems it necessary you may also be required to perform community service for a length of time to be determined by the court.
If you are between the ages of 18 and 21 and arrested for driving while impaired you are guilty of committing a Class A Misdemeanor. The penalties for a first offense violation include a 1-year suspension of your driver's license along with a $250 fine. The court may also impose a term of community service if deemed necessary.
First and second time offenders between the ages of 18 and 20 may be eligible for a restricted license that will allow them to travel between their home and school or between home and work only. In order to qualify for a restricted license you must obtain an order from the court where you were convicted, pay a $20 license fee, pass a driver's exam along with presenting proof of financial responsibility in the form of a Tennessee SR22 insurance policy that meets the states minimum auto insurance liability limits.
Anyone under the age of 21 who is arrested with a blood alcohol concentration level of .08% or greater will face the same penalties as someone over the age of 21 would be charged with for the same offense.
Tennessee DUI Expungement
A DUI conviction in Tennessee will remain on your criminal record indefinitely. The only people who are eligible for expungement are those who either had the DUI charge against them dismissed in court, were found not guilty of driving under the influence or received a deferred disposition.
Even if you were found not guilty, had the charges against you dismissed or received a deferred disposition you will still need to hire a Tennessee DUI attorney who is experienced in the expungement process to complete the necessary paperwork and file for the expungement of your DUI arrest from your criminal record.
If you meet one of these three criteria you have to go through the expungement process because once the arrest has been entered into your criminal record it will not come off on its own just because you were found not guilty of the charge. You have to take action to have it removed.
Failure to remove a DUI arrest from your criminal record when you are eligible for expungement could come back to haunt you in the future, for instance if you apply for a job and the prospective employer performs background checks on potential employees and sees the DUI arrest on your record, it could prevent you from getting the job.
Tennessee CDL DUI Laws
If you are a commercial motor vehicle operator who is stopped in the state of Tennessee by an officer and found to have consumed alcohol, drugs, intoxicate or any combination thereof and have a blood alcohol concentration level of .04% or greater or refuse to submit to a chemical test, your CDL will be revoked for a period of 12-months following a first offense conviction. A second offense for driving under the influence with a BAC level of .04% or greater will result in your CDL being revoked for life.
If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. A second offense while carrying hazardous materials will result in the permanent revocation of your CDL.
A CMV operator who is stopped and found to have been consuming alcohol or drugs and registers a BAC level of less than .04% will be issued an "out-of-service" notice by the officer who initiated the stop. Once issued, the out-of-service notice will not allow you to drive for the next 24-hours. Failure to comply with the out-of-service notice will result in the revocation of your CDL.
Additional Tennessee DUI Resources
Tennessee DUI Statutes Note: navigate to section 55-10-401 for the DUI code
Tennessee Driver Responsibility
Restricted License Information
Drivers License Reinstatement Office Locations
Online Driver's License Reinstatement
State Approved Defensive Driving Schools
Department of Safety Main Page
DUI School Information
Alcohol & Drug Addiction Treatment Program Overview
Alcohol & Drug Abuse Program Online Locator
Ignition Interlock Program
Ignition Interlock Installation Center Locator
Vehicle Seizure Information
Implied Consent Law Violation License Penalties
Underage Driving While Impaired Penalties