Updated October 30, 2026
Tennessee DUI penalties range from mandatory jail time and fines for a first conviction to felony sentencing for repeat offenses. A first DUI carries at least 48 consecutive hours in jail. For offenses committed on or after July 1, 2024, that minimum increases to seven consecutive days if the driver’s blood alcohol concentration (BAC) is 0.15% or higher.
A second DUI carries at least 45 consecutive days in jail, while a third requires at least 120 consecutive days. A fourth DUI is a Class E felony, a fifth is a Class D felony, and a sixth or subsequent qualifying offense is a Class C felony.
A DUI conviction can also result in driver’s license revocation, probation, alcohol or drug treatment, and ignition interlock requirements. The sentence depends on the applicable law, the circumstances of the offense, and the defendant’s qualifying prior convictions.
If you are facing a DUI charge, a DUI defense attorney can review the evidence, prior convictions, and potential sentencing consequences before you make decisions about your case.
Tennessee DUI Penalties at a Glance
Tennessee Code Annotated §§ 55-10-402 and 55-10-403 establish the principal sentencing and fine provisions for DUI convictions.
The following table summarizes the statutory penalties for adult DUI convictions.
| DUI conviction | Classification | Jail or confinement | Fine | License revocation |
| First DUI | Class A misdemeanor | 48 consecutive hours to 11 months and 29 days; minimum seven consecutive days at 0.15% BAC or higher for qualifying offenses | 350–1,500 | 1 year |
| Second DUI | Class A misdemeanor | 45 consecutive days to 11 months and 29 days | 600–3,500 | 2 years |
| Third DUI | Class A misdemeanor | 120 consecutive days to 11 months and 29 days | 1,100–10,000 | 6 years |
| Fourth DUI | Class E felony | At least 150 consecutive days; felony sentence governed by the appropriate offender range | 3,000–15,000 | 8 years |
| Fifth DUI | Class D felony | At least 150 consecutive days; felony sentence governed by the appropriate offender range | 3,000–15,000 | 8 years |
| Sixth or subsequent DUI | Class C felony | At least 150 consecutive days; felony sentence governed by the appropriate offender range | 3,000–15,000 | 8 years |
The mandatory confinement period is not necessarily the full sentence imposed by the court. Felony DUI sentences are determined under the applicable felony sentencing provisions and offender ranges.
Fines are separate from court costs, alcohol assessments, treatment expenses, and driver’s license reinstatement fees.
A penalty chart is only a starting point. The correct number of prior convictions, the date of the offense, and any additional charges must also be considered.
What Counts as DUI in Tennessee?
Under Tenn. Code Ann. § 55-10-401, a person can be charged with DUI for driving or being in physical control of a motor vehicle while impaired by alcohol, drugs, or a combination of substances.
The statute also prohibits driving or being in physical control of a motor vehicle with an alcohol concentration of 0.08% or higher.
The law applies to public roads and highways and certain other places accessible to the public, including shopping center parking areas.
A blood or breath test below 0.08% does not automatically prevent an impairment-based DUI prosecution. Prescription medications and other drugs can also be relevant when the evidence establishes the impairment required by law.
An arrest does not establish guilt. The State must prove the elements of the charged offense beyond a reasonable doubt.
First DUI Penalties in Tennessee
A first DUI conviction is a Class A misdemeanor. It carries a minimum of 48 consecutive hours in jail and a maximum sentence of 11 months and 29 days.
The statutory fine ranges from $350 to $1,500, and the driver’s license revocation period is one year.
What Happens if Your BAC Is 0.15% or Higher?
For a first DUI committed on or after July 1, 2024, a BAC of 0.15% or higher increases the mandatory minimum confinement from 48 consecutive hours to seven consecutive days.
Previously, the enhanced minimum applied at 0.20% BAC. Tennessee Public Chapter 1011 lowered that threshold to 0.15%.
For example, if the prosecution proves that a person committed a first DUI with a BAC of 0.16% after the amendment took effect, the seven-day minimum applies.
The amendment did not change the separate 0.08% alcohol-concentration threshold for a DUI offense.
The change was enacted through Tennessee Public Chapter 1011.
Does a First DUI Require Probation?
Tennessee’s DUI sentencing provisions include probation in addition to the mandatory period of confinement.
The sentence may also include alcohol and drug safety education, assessment or treatment, and other conditions required or permitted by law.
Ignition interlock requirements can affect a person’s ability to drive during the revocation period or after seeking reinstatement.
Paying the fine or completing a DUI class does not, by itself, eliminate the mandatory period of confinement.
Second and Third DUI Penalties in Tennessee
The mandatory jail requirements increase significantly when a person has qualifying prior DUI convictions.
A second DUI carries a minimum of 45 consecutive days in jail, a fine of $600 to $3,500, and a two-year driver’s license revocation.
A third DUI carries at least 120 consecutive days in jail, a fine of $1,100 to $10,000, and a six-year license revocation.
Both remain misdemeanor offenses under the repeat-DUI provisions. However, Tennessee law allows limited treatment alternatives for qualifying defendants.
Can Treatment Reduce Jail Time for a Second or Third DUI?
Tennessee Code Annotated § 55-10-402 provides a court-approved treatment option when specific statutory requirements are satisfied.
For a second DUI, the defendant must complete a clinical substance abuse assessment and serve at least 17 days of the imposed incarceration before the treatment option can apply.
For a third DUI, the defendant must complete the required assessment and serve at least 65 days before the treatment option can apply.
The treatment program must meet the applicable state licensing or certification requirements and include recommended aftercare.
The judge decides whether to authorize treatment as a condition of probation. A defendant does not have an automatic right to replace incarceration with treatment.
How Are DUI Treatment Credits Calculated?
Under § 55-10-402(h), qualifying treatment participation can result in sentence-reduction credits.
A defendant can receive one day of credit for each day successfully completed in qualifying residential treatment.
For intensive outpatient treatment, the statute allows one day of credit for every nine hours successfully completed.
After treatment is completed, the provider reports the relevant treatment time to the court. The court calculates the applicable credits.
If the defendant fails to complete the program, the statute provides for a probation violation, loss of treatment credits, and service of the confinement required by law.
Even after successfully completing treatment, a defendant must serve any remaining mandatory confinement required by the sentence.
Does a Third DUI Require 90 Days of Alcohol Monitoring?
A third or subsequent DUI conviction involving alcohol carries an additional monitoring requirement under Tenn. Code Ann. § 55-10-410(a)(3).
The court must order a transdermal alcohol monitoring device for at least 90 days of continuous sobriety upon release on probation, without confirmed drinking or tampering events.
A transdermal device monitors alcohol consumption through the skin.
The judge may waive this requirement in the best interest of justice if the defendant already completed a qualifying 90-day continuous-sobriety period as a condition of release on bail.
This monitoring obligation is separate from an ignition interlock restriction associated with driving privileges.
When Does DUI Become a Felony in Tennessee?
A fourth qualifying DUI is a Class E felony. A fifth is a Class D felony, and a sixth or subsequent qualifying DUI is a Class C felony.
Each of these repeat-offense classifications has a statutory minimum confinement requirement of 150 consecutive days.
However, 150 days is not the maximum sentence.
The overall felony sentence depends on the applicable offense classification, offender range, and Tennessee sentencing provisions.
A fourth DUI is sentenced under the appropriate Class E felony provisions. A fifth DUI is sentenced under the appropriate Class D provisions, while a sixth or subsequent DUI is sentenced under the appropriate Class C provisions.
The statutory DUI fine for a fourth or subsequent conviction ranges from $3,000 to $15,000, and the license revocation period is eight years.
A felony DUI conviction can also affect employment opportunities, professional licensing, and other legal rights.
How Does Tennessee Count Prior DUI Convictions?
The number of qualifying prior convictions is one of the most important factors in determining the potential punishment.
Tennessee Code Annotated § 55-10-405 establishes specific counting rules.
Under the general framework, a prior DUI violation resulting in a conviction can trigger repeat-offender penalties when the applicable violation dates are less than 10 years apart.
Earlier DUI violations can also count through a qualifying chain of violations occurring within the statutory period.
For ordinary DUI violations, an offense committed more than 20 years before the present violation cannot be counted under that framework.
Does a DUI From More Than 10 Years Ago Still Count?
It can.
The answer depends on the timing of the violations and the statutory exceptions.
Tennessee provides special treatment for certain qualifying prior convictions involving vehicular assault, aggravated vehicular assault, intoxication-related vehicular homicide, and aggravated vehicular homicide.
Those convictions can count as prior offenses even when the ordinary 10-year limitation would not apply, provided the statutory conditions are met.
Certain boating-under-the-influence convictions can also qualify under separate timing rules.
A conviction from another state may count if it satisfies Tennessee’s statutory requirements for comparable offenses.
Why Should Prior DUI Records Be Reviewed Before a Plea?
The correct offense number should not be determined solely by the number of entries on a criminal history report.
A legal review may require comparing the dates of the underlying violations, identifying the precise offenses, reviewing certified judgments, and determining whether the convictions qualify under Tennessee law.
A prior conviction that does not qualify for enhancement should not be treated as a qualifying DUI conviction merely because it appears on a driving record.
This analysis can make a substantial difference when the prosecution alleges a second, third, or felony DUI.
License Revocation and Ignition Interlock Requirements
A DUI conviction can affect a person’s ability to work, attend appointments, and meet family obligations.
Tennessee’s statutory DUI license revocation periods are one year for a first conviction, two years for a second, six years for a third, and eight years for a fourth or subsequent conviction.
However, the expiration of a revocation period does not automatically mean a person has completed every reinstatement requirement.
Can You Get a Restricted License After a DUI?
A restricted driver’s license may be available when the applicable statutory eligibility requirements are satisfied.
The person may need a qualifying court order, proof of SR-22 insurance, ignition interlock installation, and resolution of other outstanding licensing restrictions.
Approval is not automatic.
Needing to drive to work, school, or medical appointments does not independently authorize driving while the person’s license remains revoked.
How Long Must an Ignition Interlock Device Remain Installed?
An ignition interlock device requires a breath sample before the vehicle can start.
Tennessee law establishes requirements for installation, servicing, monitoring, compliance, and removal.
The required usage period can depend on the offense, license status, and applicable revocation provisions.
Simply installing a device does not automatically start credit toward completion of the ignition interlock requirement.
The Tennessee Department of Safety explains that credit is tied to holding a qualifying valid restricted or regular driver’s license.
A person should not assume that time with a device installed while the license remains revoked will count toward the required period.
The Department must also approve completion before an interlock restriction is removed.
The Tennessee Department of Safety’s ignition interlock guidance explains the program requirements.
What Happens if You Refuse a DUI Chemical Test?
Refusing a lawfully requested chemical test can create an implied-consent issue separate from the DUI charge.
The consequences depend on the test requested, the circumstances of the refusal, qualifying prior convictions, and the law in effect at the time.
For conduct governed by the January 1, 2026 amendment, a qualifying blood-test refusal involving a person without the specified prior convictions who is suspected of misdemeanor DUI can result in an 18-month driver’s license revocation.
Other refusal circumstances can carry different statutory consequences.
A refusal does not automatically prevent law enforcement from seeking a lawful search warrant for a blood sample.
Tennessee has also enacted a further implied-consent amendment scheduled to take effect January 1, 2027. That future change should not be confused with the law currently effective in October 2026.
For more information, read our article explaining whether police can obtain a blood-draw warrant after a DUI test refusal.
Other Penalties and Sentencing Conditions
Certain circumstances can add consequences beyond the standard DUI penalty table.
DUI With a Child Passenger
When a person commits DUI while accompanied by a passenger under 18, Tennessee law requires an additional mandatory minimum of 30 days of incarceration.
The statute also imposes an additional $1,000 fine.
These consequences are added to the penalties for the underlying DUI conviction.
If the child suffers serious bodily injury or dies as a proximate result of the DUI, additional felony provisions may apply.
DUI Resulting in Injury or Death
A crash involving serious bodily injury or death can lead to separate charges, including vehicular assault or vehicular homicide, when the applicable statutory elements are established.
Those offenses have their own classifications and sentencing requirements.
Effective July 1, 2025, Tennessee lowered the BAC threshold used in specified aggravated vehicular assault and aggravated vehicular homicide provisions from 0.20% to 0.15%.
A BAC of 0.15% does not independently establish either aggravated vehicular offense. The prosecution must prove the remaining statutory elements.
Probation and Court-Ordered Conditions
Under Tenn. Code Ann. § 55-10-402(e), DUI sentencing includes a probation requirement addressing the difference between time actually served and the maximum sentence.
Probation conditions may include alcohol or drug assessments, education, treatment, monitoring, and compliance with other lawful court orders.
Some requirements are mandatory under Tennessee law. Others are imposed at the court’s discretion when authorized by statute.
A probation violation can result in additional legal proceedings and confinement consequences.
Is Litter Removal Mandatory After a DUI?
The former blanket requirement for a specified 24-hour period of litter removal should not be presented as current law.
However, Tennessee still authorizes judges to order certain public service activities, including litter removal, after the defendant serves the required minimum confinement.
That authority is discretionary under the applicable statute.
Additional DUI Costs
The statutory fine is only one part of the possible financial impact.
A DUI conviction may also involve court costs, alcohol education or treatment expenses, ignition interlock fees, monitoring charges, insurance requirements, and license reinstatement costs.
Tennessee has financial-assistance provisions for certain monitoring and ignition interlock situations.
However, § 55-10-402(d)(3) requires individuals convicted of a third or subsequent DUI to pay the costs of the monitoring devices covered by that provision and excludes them from electronic monitoring indigency fund assistance under that part.
Financial eligibility and payment obligations must be evaluated under the applicable statute and device requirements.
When Must a Tennessee DUI Jail Sentence Begin?
Tennessee changed the law governing when DUI confinement must begin in 2026.
Before the amendment, § 55-10-402(f)(1) contained a requirement addressing commencement of confinement within 30 days of conviction, subject to provisions concerning available jail space.
Public Chapter 819, effective April 27, 2026, removed that requirement.
The sentencing court now determines when an offender convicted of DUI must begin serving the period of confinement.
This change does not eliminate mandatory jail time or give a defendant an automatic right to postpone reporting.
A defendant must follow the reporting date established by the court.
How a case is handled can depend on the specific charge and local court procedures.
What Should Be Reviewed Before Entering a DUI Plea?
A DUI charge should be evaluated using the actual evidence and the sentencing provisions applicable to the case.
The defense may examine the legal basis for the traffic stop, the officer’s observations, statements attributed to the driver, field sobriety testing, and breath or blood testing procedures.
Chemical testing can raise questions about warrants, collection methods, laboratory analysis, sample handling, and the timing of the test.
If the prosecution alleges prior convictions, the relevant court records and offense dates should also be reviewed.
An issue with the evidence does not automatically result in dismissal or suppression. Its legal significance depends on the facts and applicable rules.
Before resolving a DUI charge, a defendant should understand the proposed confinement, fines, probation, treatment, license revocation, and ignition interlock obligations.
A plea can create consequences that continue after the immediate period of confinement is completed.
Davis & Hoss represents individuals facing DUI and other criminal charges in Tennessee. If you have questions about a DUI charge or the potential sentencing consequences, contact a DUI attorney to discuss your case.
Frequently Asked Questions About Tennessee DUI Penalties
Is Jail Mandatory for a First DUI in Tennessee?
A first DUI conviction carries a minimum of 48 consecutive hours in jail. For qualifying offenses committed on or after July 1, 2024, the minimum increases to seven consecutive days when the BAC is 0.15% or higher.
What Is the Punishment for a Second DUI in Tennessee?
A second DUI carries at least 45 consecutive days of confinement, a fine of $600 to $3,500, and a two-year driver’s license revocation. A qualifying defendant may be eligible for a court-approved treatment alternative.
Is a Third DUI a Felony in Tennessee?
A third DUI under Tennessee’s repeat-DUI provisions remains a misdemeanor. It carries at least 120 consecutive days in jail, a fine of $1,100 to $10,000, and a six-year driver’s license revocation.
How Many DUI Convictions Make the Offense a Felony?
A fourth qualifying DUI is a Class E felony, a fifth is a Class D felony, and a sixth or subsequent qualifying DUI is a Class C felony. Separate offenses involving serious injury or death may also result in felony charges.
Does a DUI More Than 10 Years Old Count in Tennessee?
It can. Tennessee uses specific timing and counting rules for prior DUI violations, including a 20-year limitation for ordinary DUI violations and exceptions for certain qualifying vehicular offenses.
Can DUI Treatment Reduce Jail Time in Tennessee?
A qualifying second or third DUI defendant may receive sentence-reduction credits for successful completion of court-approved treatment. The statutory assessment, minimum confinement, treatment, and court-approval requirements must be satisfied.
This article provides general information about Tennessee law as of October 30, 2026. It is not legal advice for any particular case and does not establish an attorney-client relationship.