Tennessee · DUI · Checked October 2026
Tennessee DUI Penalties: First, Second and Third Offense
Tennessee DUI Penalties: What Are the Rules?
Tennessee sets DUI penalties by offense, and they rise with each conviction.
- First offense jail
- 48 consecutive hours to 11 months 29 days in county jail or workhouse; at least 7 consecutive days with a BAC of 0.15 or more
- First offense fine
- $350 to $1,500
- First offense license
- 1 year; you may apply for a restricted license
- Felony
- A fourth or fifth DUI is a Class E felony, and a sixth or later DUI (committed on or after July 1, 2016) is a Class C felony; priors are counted under the 10-year chain rule, and no violation more than 20 years old counts
- Lookback period
- 10 years
Tennessee DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor | misdemeanor | misdemeanor |
| Jail | 48 consecutive hours to 11 months 29 days in county jail or workhouse; at least 7 consecutive days with a BAC of 0.15 or more | 45 consecutive days to 11 months 29 days in county jail or workhouse | 120 consecutive days to 11 months 29 days in county jail or workhouse |
| Fine | $350 to $1,500 | $600 to $3,500 | $1,100 to $10,000 |
| License suspension | 1 year; you may apply for a restricted license | 2 years; you may apply for a restricted license after 1 year | 6 years |
| Ignition interlock | Required for the ignition interlock usage period (365 consecutive days or the whole revocation, whichever is longer) if you drive on a restricted license; if you wait out the revocation, you must show a current interlock installation to reinstate | Required for the ignition interlock usage period (365 consecutive days or the whole revocation, whichever is longer) if you drive on a restricted license, and before reinstatement | Required for the ignition interlock usage period (365 consecutive days or the whole revocation, whichever is longer) if you drive on a restricted license, and before reinstatement; you pay all device costs and cannot use the indigency fund |
Other First Offense Penalties in Tennessee
- Alcohol and drug safety DUI school, if available, and a drug and alcohol assessment or treatment, as conditions of probation
- Restitution to anyone injured or harmed, if you can pay it
- Time not served in jail, up to the maximum sentence, is served on probation
Other Second Offense Penalties in Tennessee
- As a condition of probation, the judge may order a licensed substance abuse treatment program (including drug court or DUI court) after a clinical substance abuse assessment and at least 17 days served in jail
- Drug and alcohol assessment and treatment as appropriate when the prior DUI conviction was within the past 5 years
Other Third Offense Penalties in Tennessee
- For an alcohol-related third or later DUI, a transdermal alcohol monitoring device for at least 90 days of continuous sobriety on release on probation, unless already completed as a bail condition
- As a condition of probation, the judge may order a licensed substance abuse treatment program after a clinical assessment and at least 65 days served in jail
When Penalties Are Higher in Tennessee
- 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 hours
- 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 fine
- child passenger under 18 suffers serious bodily injury: Class D felony, punished as vehicular assault under § 39-13-106
- child passenger under 18 is killed: Class B felony, punished as vehicular homicide involving intoxication under § 39-13-213(b)(2)
- 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 years
- 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 consequences
When a DUI Is a Felony in Tennessee
a fourth or fifth DUI is a Class E felony, and a sixth or later DUI (committed on or after July 1, 2016) is a Class C felony; priors are counted under the 10-year chain rule, and no violation more than 20 years old countsTenn. Code Ann. § 55-10-402(a)(4)-(5) (2016 Pub. Acts ch. 876); § 55-10-405
How Far Back Prior Offenses Count in Tennessee
10 years. You are not a repeat offender if 10 or more years passed between the current violation and the immediately preceding DUI violation that led to a conviction. If the preceding violation is within 10 years, every earlier DUI conviction within 10 years of the one before it also counts, but a violation more than 20 years before the current one never counts. Prior convictions for vehicular assault, aggravated vehicular assault, vehicular homicide by intoxication or aggravated vehicular homicide count the same as a DUI if you were convicted before the new violation. A boating under the influence conviction counts if it came within 10 years of the new violation. Out-of-state convictions for the same offenses count.Tenn. Code Ann. § 55-10-405(a) (2013 Pub. Acts ch. 154, as amended by 2022 Pub. Acts ch. 910); § 55-10-405(b)-(c) (2016 Pub. Acts ch. 876; 2022 Pub. Acts ch. 910)
Official source: how far back prior offenses count (Tennessee)
More on DUI Law in Tennessee
See the full overview of DUI laws in Tennessee and read about first-offense DUI penalties across the states.
This page summarizes Tennessee law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Tennessee can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Tennessee?
Jail: 48 consecutive hours to 11 months 29 days in county jail or workhouse; at least 7 consecutive days with a BAC of 0.15 or more. Fine: $350 to $1,500. License suspension: 1 year; you may apply for a restricted license.
What Is the Penalty for a Second DUI in Tennessee?
Jail: 45 consecutive days to 11 months 29 days in county jail or workhouse. Fine: $600 to $3,500. License suspension: 2 years; you may apply for a restricted license after 1 year.
When Is a DUI a Felony in Tennessee?
a fourth or fifth DUI is a Class E felony, and a sixth or later DUI (committed on or after July 1, 2016) is a Class C felony; priors are counted under the 10-year chain rule, and no violation more than 20 years old counts
Sources
- Penalties: 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)
- Penalties: 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)
- Penalties: 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)
- Penalties: Tenn. Code Ann. § 55-10-402(a)(1)(B), as amended by 2024 Pub. Acts ch. 1011
- Penalties: Tenn. Code Ann. §§ 55-10-402(b)(1), 55-10-403(a)(5)
- Lookback period: Tenn. Code Ann. § 55-10-405(a) (2013 Pub. Acts ch. 154, as amended by 2022 Pub. Acts ch. 910); § 55-10-405(b)-(c) (2016 Pub. Acts ch. 876; 2022 Pub. Acts ch. 910)