DUI Laws in Tennessee

Tennessee DUI Laws: Key Facts

Legal limit (adults)

0.08 BACTenn. Code Ann. § 55-10-401 (as rewritten by 2015 Pub. Acts ch. 126); § 55-10-402(a)(1)(B) (0.15 threshold, 2024 Pub. Acts ch. 1011, offenses on or after July 1, 2024); § 55-10-415 (2016 Pub. Acts 2nd Ex. Sess. ch. 1)

Commercial drivers (CDL)

0.04 BAC

Drivers under 21

0.02 BAC (0.02 percent or more for drivers under 21, or under the influence of alcohol or any other intoxicant (underage driving while impaired))

Enhanced penalties from

0.15 BAC

Lookback period

10 years

Insurance filing

SR-22, for the length of the suspension or revocation period (for example, a 1-year revocation means a 1-year SR-22 requirement)

Sobriety checkpoints

Allowed

Tennessee DUI Penalties by Offense

First offense: Tenn. Code Ann. § 55-10-402(a)(1) (as rewritten by 2016 Pub. Acts ch. 876 § 14 and amended by 2024 Pub. Acts ch. 1011); § 55-10-403(a) (2013 Pub. Acts ch. 154); § 55-10-404(a)(1) (2013 Pub. Acts ch. 344); §§ 55-10-402(e), 55-10-410(a); § 55-10-425 (2022 Pub. Acts ch. 964) · Second offense: Tenn. Code Ann. § 55-10-402(a)(2) (as rewritten by 2014 Pub. Acts ch. 902; 17-day figure from 2023 Pub. Acts ch. 116); § 55-10-403(a)(2) (2013 Pub. Acts ch. 154); § 55-10-404(a)(1)(B) (2013 Pub. Acts ch. 344); § 55-10-410(a)(4) · Third offense: Tenn. Code Ann. § 55-10-402(a)(3) (as rewritten by 2014 Pub. Acts ch. 902); § 55-10-402(d)(3) and § 55-10-410(a)(3) (2023 Pub. Acts ch. 116); § 55-10-403(a)(3); § 55-10-404(a)(1)(C)

When Penalties Are Higher

• first offense with a BAC of 0.15 or more (offenses on or after July 1, 2024): at least 7 consecutive days in jail instead of 48 hoursTenn. Code Ann. § 55-10-402(a)(1)(B), as amended by 2024 Pub. Acts ch. 1011
• accompanied by a child under 18: an added mandatory minimum of 30 days in jail, served in addition to the DUI sentence, and an added $1,000 fineTenn. Code Ann. §§ 55-10-402(b)(1), 55-10-403(a)(5)
• child passenger under 18 suffers serious bodily injury: Class D felony, punished as vehicular assault under § 39-13-106Tenn. Code Ann. § 55-10-402(b)(2)
• child passenger under 18 is killed: Class B felony, punished as vehicular homicide involving intoxication under § 39-13-213(b)(2)Tenn. Code Ann. § 55-10-402(b)(3)
• fourth or fifth offense: sentenced as a felon to at least 150 consecutive days, up to the maximum for the appropriate range of a Class E felony; fine $3,000 to $15,000; license revoked 8 yearsTenn. Code Ann. § 55-10-402(a)(4) (2016 Pub. Acts ch. 876); § 55-10-403(a)(4); § 55-10-404(a)(1)(D)
• sixth or later offense (sixth violation on or after July 1, 2016, with at least five prior convictions): Class C felony; at least 150 days, up to the maximum for the appropriate range of a Class C felony, plus all the usual DUI fines, license revocation, interlock, monitoring and treatment consequencesTenn. Code Ann. § 55-10-402(a)(5) (2016 Pub. Acts ch. 876)

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If You Refuse a Breath or Blood Test

Refusal is not a criminal offense in itself; the court revokes your license (1 year for a first refusal, or 1 year 6 months for refusing a blood test in a misdemeanor DUI case, from January 1, 2026; 1 year 6 months for any first refusal from January 1, 2027; 2 years with a prior DUI conviction or after a crash with serious bodily injury; 5 years after a fatal crash). Refusing is a violation even if a blood sample is later taken under a search warrant. Refusing while driving on a license revoked, suspended or cancelled for a prior DUI conviction is a Class A misdemeanor with a fine up to $1,000 and at least 5 consecutive days in jail that cannot be suspended. Officers must give a breath test, with or without consent, after a crash that injured or killed someone, when a child under 16 is in the vehicle, or when the driver has a prior DUI or vehicular assault or homicide conviction. A blood test needs consent, a search warrant or exigent circumstances.Tenn. Code Ann. §§ 55-10-406 (as rewritten by 2017 Pub. Acts ch. 304 and amended by 2025 Pub. Acts ch. 403), 55-10-407

Official source: if you refuse a breath or blood test in Tennessee

Getting a Restricted Driver License

Ordered by the judge on an Order for Restricted Driver License (ORDL). You must clear any other suspensions, then bring the court order, proof of SR-22 insurance and proof of ignition interlock installation (if required) to a Driver Services Center, which may issue a 90-day temporary restricted license while Central Office reviews the case. The restricted license lasts only for the revocation period. After a second offense a restricted license is available only after 1 year of the 2-year revocation. No restricted license is allowed during the revocation if someone was seriously injured or killed.

Official source: getting a restricted driver license in Tennessee

Ignition Interlock

First offense: If you drive during the 1-year revocation, the interlock is required for the ignition interlock usage period (365 consecutive days or the whole revocation, whichever is longer); if you wait out the revocation, the department will not reinstate your license until you show proof of a current interlock installation, and the usage period starts on reinstatement Repeat offenses: Required for the ignition interlock usage period (365 consecutive days or the whole revocation, whichever is longer) if you drive on a restricted license (2 years for a second DUI, 6 years for a third, 8 years for a fourth or later), and before reinstatement Removal is compliance based (Tenn. Code Ann. § 55-10-425, as amended by 2022 Pub. Acts ch. 964 and 2025 Pub. Acts ch. 184): no tampering, failed start at or above the 0.02 setting, skipped or failed rolling retest is allowed in the final 120 days, and removing the device, missing a calibration appointment or tampering restarts the usage period. The device is calibrated at 0.02. A court may waive the interlock for a DUI not involving alcohol, a BAC under 0.08, or a refusal, but only if there was no crash, no passenger under 18, and no prior DUI within 10 years.

Official source: ignition interlock in Tennessee

DUI Checkpoints

Sobriety checkpoints are allowed in Tennessee. Legal basis: The Tennessee Highway Patrol conducts sobriety checkpoints and publishes their dates and locations each month.

Official source: dui checkpoints in Tennessee

Drivers Under 21

Underage driving while impaired: a person under 21 may not drive or be in physical control of a vehicle with a blood or breath alcohol concentration of 0.02 or more, or while under the influence of any intoxicant, marijuana, controlled substance, drug or substance that impairs driving. It is a lesser included offense of DUI. Ages 18 to 20: Class A misdemeanor punishable by a 1-year license suspension, a $250 fine and public service work at the court's discretion. Under 18: delinquent act with the same 1-year suspension, $250 fine and possible public service work.

Official source: drivers under 21 in Tennessee

Driving After Using Drugs

Yes. Tenn. Code Ann. § 55-10-401(1) covers driving under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or a combination, that impairs the ability to drive safely. Penalties are the same as for alcohol.

Official source: driving after using drugs in Tennessee

More on DUI Law in Tennessee

• Tennessee DUI Penalties: First, Second and Third Offense
• DUI License Suspension in Tennessee: Hearing Deadline and Hardship License
• SR-22 Insurance After a DUI in Tennessee
• Ignition Interlock Rules in Tennessee
• Refusing a Breath or Blood Test in Tennessee

Frequently Asked Questions