If you only remember one point about DUI penalties in Tennessee, remember this: BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor Class A with fines, mandatory jail (often 48 hours minimum), license revocation, alcohol program, and ignition-interlock conditions. Felony threshold: A fourth DUI is a felony; DUI with aggravated circumstances or causing death can also be a felony. Procedure, examples, and the opinions below hang off Tenn. Code Ann. § 55-10-401. Lookback: Prior DUI convictions within 10 years (and lifetime for some felony fourth-offense tracks) enhance penalties.. Ignition interlock: Ignition interlock is commonly required for restricted licenses after DUI.
First-offense penalties
First-offense DUI is typically a misdemeanor Class A with fines, mandatory jail (often 48 hours minimum), license revocation, alcohol program, and ignition-interlock conditions.
Walking through Tennessee facts
Use this walkthrough to see which Tennessee authority does the work at each step.
A driver in Tennessee is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense DUI is typically a misdemeanor Class A with fines, mandatory jail (often 48 hours minimum), license revocation, alcohol program, and ignition-interlock conditions.
- Ask when the charge becomes a felony: A fourth DUI is a felony; DUI with aggravated circumstances or causing death can also be a felony. Lookback: Prior DUI convictions within 10 years (and lifetime for some felony fourth-offense tracks) enhance penalties.
- Interlock: Ignition interlock is commonly required for restricted licenses after DUI.
Tennessee DUI under § 55-10-401 proceeds in general sessions or criminal court with parallel Department of Safety license actions.
When a Tennessee DUI becomes a felony
A fourth DUI is a felony; DUI with aggravated circumstances or causing death can also be a felony.
Ignition interlock and license consequences
Ignition interlock is commonly required for restricted licenses after DUI.
How a typical Tennessee DUI case unfolds
Tennessee DUI under § 55-10-401 proceeds in general sessions or criminal court with parallel Department of Safety license actions.
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Case law: DUI penalties in Tennessee
STATE of Tennessee, Appellee, v. Sam Austin TURNER, Appellant
STATE of Tennessee, Appellee, v. Sam Austin TURNER, Appellant, 1995 Tenn. LEXIS 789 (1995)
…ON WHITE, Justice. Following an acquittal on the charges of driving under the influence of an intoxicant, the trial court determined that Sam Austin Turner had refused to submit to a chemical test to determine the alcoholic content of his blood and, consequently, suspended Turner’s operator’s license for six months pursuant to Tennessee Code Annotated Section 56-10-406, the imp…
STATE of Tennessee, Appellee, v. Sam Austin TURNER, Appellant is worth reading on Tennessee DUI penalties because the court put the point in its own words: "ON WHITE, Justice. Following an acquittal on the charges of driving under the influence of an intoxicant, the trial court determined that Sam Austin Turner had refused to submit to a chemical test to determine the alcoholic content of his blood and, consequently, suspended Turner" Use that passage as the starting point, then read the facts that precede it.
STATE of Tennessee v. Michael Elmore ROBINSON
STATE of Tennessee v. Michael Elmore ROBINSON, 2000 Tenn. LEXIS 583 (2000)
…endant was convicted and sentenced for his third offense of driving under the influence. Tenn. Code Ann. § 55-10-401(a) (1998). After determining that the defendant was a repeat offender, the trial court instructed the jury that intoxication may be inferred from a blood alcohol content of .08%. On appeal, the Court of Criminal Appeals rejected the defendant’s argument that Tenn…
STATE of Tennessee v. Michael Elmore ROBINSON is worth reading on Tennessee DUI penalties because the court put the point in its own words: "Tenn. Code Ann. § 55-10-401(a) (1998). After determining that the defendant was a repeat offender, the trial court instructed the jury that intoxication may be inferred from a blood alcohol content of .08%." Use that passage as the starting point, then read the facts that precede it.
STATE of Tennessee v. Rodney M. BUTLER
STATE of Tennessee v. Rodney M. BUTLER, 2003 Tenn. LEXIS 573 (2003)
…ood or breath alcohol concentration of .10% or more; and 3) driving under the influence, fourth offense. At the sentencing hearing, after merging the first two counts into count three, the trial judge reduced the $15,000 fine assessed by the jury to $10,000 and sentenced Butler to four years in the Department of Correction as a Range II offender. We granted this appeal to deter…
STATE of Tennessee v. Rodney M. BUTLER is worth reading on Tennessee DUI penalties because the court put the point in its own words: "At the sentencing hearing, after merging the first two counts into count three, the trial judge reduced the $15,000 fine assessed by the jury to $10,000 and sentenced Butler to four years in the Department of Correction as a Range II offender." Use that passage as the starting point, then read the facts that precede it.
STATE of Tennessee, Appellee, v. John George KAIN, Appellant
STATE of Tennessee, Appellee, v. John George KAIN, Appellant, 2000 Tenn. Crim. App. LEXIS 130 (2000)
…al Court, the defendant, John George Kain, was convicted of driving under the influence of an intoxicant. The trial court sentenced the defendant to eleven months and twenty-nine days, with all but forty-eight hours suspended, and placed the defendant on unsupervised probation for the balance of the sentence. The defendant was ordered to pay a fíne of $360 and to attend DUI sch…
On DUI penalties, STATE of Tennessee, Appellee, v. John George KAIN, Appellant speaks to the Tennessee dispute in this passage: "Court, the defendant, John George Kain, was convicted of driving under the influence of an intoxicant." The surrounding opinion shows how the court applied that language to the record.
STATE of Tennessee v. Tammy (Chipps) BURDINE
STATE of Tennessee v. Tammy (Chipps) BURDINE, 1994 Tenn. Crim. App. LEXIS 377 (1994)
…the Defendant was indicted only for vehicular assault, not driving under the influence. The Defendant requested pretrial diversion, and the District Attorney denied the Defendants request. The District Attorney denied pretrial diversion because at the time of the request Tennessee Code Annotated section 40-15-105 specifically prohibited pretrial diversion for driving under the…
On DUI penalties, STATE of Tennessee v. Tammy (Chipps) BURDINE speaks to the Tennessee dispute in this passage: "Defendant was indicted only for vehicular assault, not driving under the influence. The Defendant requested pretrial diversion, and the District Attorney denied the Defendants request." The surrounding opinion shows how the court applied that language to the record.
State of Tennessee v. Michael Joseph Arbuckle
State of Tennessee v. Michael Joseph Arbuckle (2001)
…ted the Defendant, Michael Joseph Arbuckle, of one count of driving under the influence, one count of driving under the influence, per se, and one count of driving under the influence, second offense. Following a sentencing hearing, the trial court merged the convictions and sentenced the Defendant to eleven months and twenty-nine days, with all but sixty days suspended. In thi…
State of Tennessee v. Michael Joseph Arbuckle is worth reading on Tennessee DUI penalties because the court put the point in its own words: "Defendant, Michael Joseph Arbuckle, of one count of driving under the influence, one count of driving under the influence, per se, and one count of driving under the influence, second offense." Use that passage as the starting point, then read the facts that precede it.
State of Tennessee v. Alisha Lynn Alsup
State of Tennessee v. Alisha Lynn Alsup (2018)
…and jury issued a superseding indictment, charging her with driving under the influence (DUI by impairment), id. § 55- 10-401(1), in addition to the previously charged offenses. Thereafter, Alsup filed a brief in the trial court asking that the superseding indictment be dismissed. Following an evidentiary hearing, the trial court granted the motion to suppress the blood alcohol…
State of Tennessee v. Alisha Lynn Alsup is worth reading on Tennessee DUI penalties because the court put the point in its own words: "DUI by impairment), id. § 55- 10-401(1), in addition to the previously charged offenses. Thereafter, Alsup filed a brief in the trial court asking that the superseding indictment be dismissed." Use that passage as the starting point, then read the facts that precede it.
State v. Raymond Suggs
…y jury of driving on a revoked license, second offense, and driving under the influence, third offense. The trial court imposed concurrent sentences of five months for driving on a revoked license and eleven months, twenty nine days, suspended after service of five months, for driving under the influence. In his sole issue on appeal, the appellant contends that the evidence is…
Tennessee opinions such as State v. Raymond Suggs are cited where DUI penalties is disputed. The court stated: "The trial court imposed concurrent sentences of five months for driving on a revoked license and eleven months, twenty nine days, suspended after service of five months, for driving under the influence." That is the language to brief; the rest of the decision supplies the procedural posture.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior DUI convictions within 10 years (and lifetime for some felony fourth-offense tracks) enhance penalties.
- First-offense range: First-offense DUI is typically a misdemeanor Class A with fines, mandatory jail (often 48 hours minimum), license revocation, alcohol program, and ignition-interlock conditions.
- Felony threshold: A fourth DUI is a felony; DUI with aggravated circumstances or causing death can also be a felony.
- Ignition interlock: Ignition interlock is commonly required for restricted licenses after DUI.
- Primary authority: Tenn. Code Ann. § 55-10-401.
Blood alcohol limits in Tennessee
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback window for prior offenses
Prior DUI convictions within 10 years (and lifetime for some felony fourth-offense tracks) enhance penalties.
Frequently asked questions
What is the legal BAC limit in Tennessee?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in Tennessee?
A fourth DUI is a felony; DUI with aggravated circumstances or causing death can also be a felony.
Will I need an ignition interlock device?
Ignition interlock is commonly required for restricted licenses after DUI.
This guide covers Tennessee impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.