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Tennessee DUI Charges

Tennessee DUI law (T.C.A. § 55-10-401) makes it illegal to drive while impaired or with a BAC of 0.08% or more — lower for commercial drivers (0.04%) and drivers under 21 (0.02%). The implied-consent law means refusing a test triggers a license suspension. Penalties escalate with each prior offense, and a fourth DUI is a felony. Confirm specific jail minimums and fines against the current statute.

By Find Local Law Editorial Team · Last reviewed: May 25, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice, and Tennessee’s DUI penalties are detailed and frequently amended — confirm the current numbers against the statute and talk to a Tennessee attorney.

Driving under the influence (DUI) is one of the most common — and most consequential — Tennessee charges.

What’s illegal

Under T.C.A. § 55-10-401, it’s unlawful to drive (or be in physical control of a vehicle) while:

  • under the influence of any intoxicant, drug, or controlled substance that impairs you; or
  • your blood or breath alcohol concentration is 0.08% or more (the “per se” limit).

The limit is lower for some drivers:

  • 0.04% in the commercial-driver context, and
  • 0.02% for drivers under 21, charged as “underage driving while impaired” (T.C.A. § 55-10-415).

Tennessee’s implied-consent law (T.C.A. § 55-10-406) means that by driving, you’ve consented to a breath or blood test when an officer has probable cause. Refusing generally results in a mandatory license suspension — even though the refusal itself is treated as a civil violation rather than a separate crime. (Blood draws can also involve a warrant requirement under court rulings.)

Penalties escalate — and a 4th DUI is a felony

DUI penalties increase with each prior offense (T.C.A. § 55-10-403). A fourth or subsequent DUI is a Class E felony. Even a first offense carries jail time, fines, and license revocation. Because the specific jail minimums and fines are detailed and change with amendments, confirm the current amounts in § 55-10-403 rather than relying on figures you read elsewhere.

After a case resolves, some records may be eligible to clear — see Tennessee expungement. To get matched with a local Tennessee DUI attorney, connect with a lawyer.

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Frequently asked questions

What's the legal BAC limit in Tennessee?
0.08% for drivers 21 and older. It's lower for others — 0.04% in the commercial-driver context, and 0.02% for drivers under 21 (charged as 'underage driving while impaired').
Can I refuse a breath or blood test?
Under Tennessee's implied-consent law (T.C.A. § 55-10-406), driving means you've consented to testing when an officer has probable cause. Refusing generally triggers a mandatory driver's-license suspension, even though the refusal itself is treated as a civil violation.
Is a DUI always a misdemeanor in Tennessee?
No. Penalties escalate with each prior offense, and a fourth (or subsequent) DUI is a Class E felony (T.C.A. § 55-10-403). Even a first offense carries jail time, fines, and license loss — confirm the current minimums in the statute.

Sources

Related guides

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