Tennessee DUI Mandatory Minimum Punishments

Drunk Driving in Tennessee is called ‘DUI’ (Driving Under the Influence). In other states you may have heard it referred to as ‘DWI’ (Driving While Impaired or Driving While Intoxicated). Previous convictions for DUI or DWI in other states may be used to enhance a TN DUI conviction. The mandatory minimum punishments for Tennessee DUI convictions are set forth in Tenn. Code Ann. § 55-10-402 et seq.:

1st Offense DUI

• Revocation of Driver License for 1 year (may be eligible for restricted license);
• Minimum 48 hours in jail;
• 7 days in jail if your BAC (Blood Alcohol Content) was .15% or above;
• $350 fine (plus court costs and probation fees);
• Probation for 11 months and 29 days;
• Alcohol Safety School (in some jurisdictions, you may complete the school while serving the mandatory jail time);
• Mandatory Ignition Interlock Device on your car to obtain a restricted license if certain factors are present (such as BAC over .08%, child in vehicle, certain accidents).

2nd Offense DUI

• 45 days in jail, followed by 11 months and 29 days probation (substance abuse treatment may count towards jail credit);
• Revocation of Driver License for 2 years (may be eligible for restricted license);
• $600 fine (plus court costs and probation fees).

3rd Offense DUI

• 120 days in jail, and 11 months and 29 days probation (substance abuse treatment may count towards jail credit);
• $1100 fine (plus court costs and probation fees);
• Revocation of Driver License for 6 years (may be eligible for restricted license).

4th (or more) DUI

• This is charged as a Felony, with a minimum of 150 days–punishments may vary, and include possible prison time.

Additional possible consequences for ALL DUI offenses that aren’t necessarily part of the mandatory penalties:

• Additional drug and/or alcohol treatment;
• Trash-pickup or community service;
• Attendance at a MADD Victim Impact Panel;
• Random drug screens;
• Insurance rates may increase with filing of SR-22;
• Installation of an Ignition Interlock Device on your car;
• Attachment to your ankle of the “SCRAM” device, which alerts authorities if you consume alcohol.