Driving Under the Influence (DUI)
Driving Under the Influence of Drugs or Alcohol is a serious criminal offense, carries with it serious penalties and requires serious representation. A DUI conviction will remain on your criminal record forever and is one of just a few crimes in the State of Tennessee that is ineligible for expungement.
Our clients rely on our years of experience, expertise and specialized study with the American Association of Premier DUI Attorneys (AAPDA). As a member of the AAPDA, Killen-Law has access to scientific research, medical studies, past and current revised federal guidelines governing DUI law as regulated by the National Highway Transportation Administration (NHSTA), as well as all of its analytical and procedural resources.
Every single DUI case is different! It is important that your attorney knows how to:
- Evaluate and challenge the alleged basis for an initial traffic stop and whether it was in fact a “legal stop”.
- Determine the arresting officer’s level of training and whether they possess any special certifications related to different types of DUI cases.
- Determine whether the officers followed NHTSA guidelines during their investigation.
- Evaluate any available audio/visual evidence to determine whether the officer properly administered the Standardized Field Sobriety Tests (SFSTs) as established by NHTSA training manuals.
- Properly understand and analyze the results of any chemical test, including Breathalyzer tests, blood draw (gas chromatography), and “mouth swab” (oral fluids) tests.
- Incorporate the disciplines above to EFFECTIVELY DEFEND YOUR RIGHTS.
By Jeff Burtka, Attorney George Mason University Law School
Updated 1/05/2026
Tennessee DUI Laws
Tennessee’s DUI laws prohibit a person from driving or being in actual physical control of a vehicle under either of the following conditions:
- The person has a blood alcohol content (BAC) of 0.08% or greater (.04% or more if the driver was operating a commercial vehicle)
- The person is “under the influence” of any intoxicant, marijuana, substance, or drug (or a combination of any of these)
What does under the influence mean?
Tennessee law defines “under the influence” as being impaired to an extent that the driver’s ability to operate a motor vehicle safely is affected. (Tenn. Code § 55-10-401 (2026).)
A driver who has a BAC of .08% or more can be convicted of a “per se DUI,” regardless of his or her level of actual impairment. The volume of alcohol necessary to reach these BAC levels can differ depending on gender, body size, and the type of alcohol (get an estimate using our BAC calculator).
Can you be convicted of DUI without driving?
In Tennessee, a person doesn’t need to move a vehicle to get a DUI conviction. Tennessee requires only that a person be in physical control of a vehicle.
To be in “physical control” means having the “present physical ability to direct the vehicle’s operation and movement.” In one case, a motorist was intoxicated and sleeping in the driver’s seat with the car’s keys in his pocket and the engine off. The Supreme Court of Tennessee found that the evidence was sufficient to convict the person of DUI. (State v. Lawrence, 849 S.W.2d 761 (Tenn. 1993).)
Implied Consent and Refusing a Chemical or Breath Test
Tennessee’s “implied consent” laws require all drivers lawfully arrested for a DUI to submit to a breath test—or a blood test under some circumstances. (Tenn. Code § 55-10-406 (2026).)
An unlawful refusal leads to a 1-year license suspension for a person with no record and a 2-year suspension for someone with a prior conviction for DUI or a related offense within 10 years. Beginning in January 2026, a person with no prior record who refuses a blood test will receive a suspension of 18 months. (Tenn. Code § 55-10-407 (2026).)
An officer also may request a saliva test during a DUI stop under the following circumstances:
the driver consents to submit to a saliva test
the officer obtains a search warrant for a saliva test
the officer lawfully arrests the driver for DUI, vehicular assault, aggravated vehicular assault, vehicular homicide, or aggravated vehicular homicide, or
exigent circumstances exist that necessitate a test without a search warrant.
The result of a saliva test is admissible in evidence at a trial for DUI or the vehicular assault and homicide charges mentioned above. (Tenn. Code § 55-10-406 (2026).)
Tennessee Underage DUI Law
Tennessee drivers who are younger than 21 can be cited for an underage DUI for operating a vehicle with a BAC of .02% or more or while under the influence of drugs or alcohol. (Tenn. Code § 55-10-415 (2026).)
An underage DUI is a class A misdemeanor, but it won’t result in jail time. The judge can order the person to complete community service instead. The underage offender also faces up to $250 in fines and a one-year license suspension. (Tenn. Code § 55-10-415 (2026).)
Plea Bargaining in DUI Cases
If you get charged with a DUI in Tennessee, you might be hoping the prosecution will dismiss the case. However, unless the court throws out evidence that’s critical to prove the charge, it’s unlikely a prosecutor will agree to do so. But Tennessee law doesn’t prohibit reducing a DUI charge to a lesser offense. So, depending on the circumstances, a reduction could be an option.
Tennessee DUI Laws and Penalties
In Tennessee, DUI penalties mostly depend on how many DUI convictions a person has.
Driving while intoxicated by alcohol or other substances is a criminal offense in Tennessee. If you’re convicted of driving under the influence (DUI) in Tennessee, the penalties you’ll face will depend mostly on how many prior convictions you have.
Penalties for a DUI conviction often include jail, fines, and a license suspension. The penalties generally increase each time a driver gets a new DUI conviction.
First DUI Penalties
For a first DUI conviction within 10 years, the driver is normally looking at:
- 48 hours to 11 months, 29 days in jail
(7-day minimum with a 0.15% BAC or more) - $350 to $1,500 in fines, and
- a 1-year license suspension
A court also may order probation as a condition of its sentence. (Tenn. Code §§ 55-10-402, 55-10-403, 55-10-404 (2026))
If the offender had a passenger younger than 18 in the vehicle at the time of the offense, the minimum sentence is increased by 30 days. (Tenn. Code § 55-10-402 (2026)).
Second DUI Penalties
For a second DUI conviction within 10 years, the driver is normally looking at:
45 days to 11 months, 29 days in jail
$600 to $3,500 in fines
a 2-year license suspension
A court also may order probation as a condition of its sentence. (Tenn. Code §§ 55-10-402, 55-10-403, 55-10-404 (2026)).
If the offender had a passenger younger than 18 in the vehicle at the time of the offense, the minimum sentence is increased by 30 days. (Tenn. Code § 55-10-402 (2026)).
Third DUI Penalties
For a third DUI conviction within 10 years, the driver is normally looking at:
- 120 days to 11 months, 29 days in jail
- $1,100 to $10,000 in fines
- a 6-year license suspension
A court also may order probation as a condition of its sentence. (Tenn. Code §§ 55-10-402, 55-10-403, 55-10-404 (2026)).
If the driver had a passenger younger than 18 at the time of the offense, the judge must add 30 days to the mandatory jail (150 days in total). (Tenn. Code § 55-10-402 (2026)).
Fourth and subsequent DUI’s are felonies
Felony DUI
- 150 days to 6 years in prison
-
$3,000 to $15,000 in fines
-
an 8-year license suspension
When a driver has 3 or more prior convictions that occurred within the past 10 years, the next DUI (fourth or subsequent) will be a felony. DUI accidents involving injury or death can also be charged as felonies in Tennessee.
Felony Vehicular Assault
A DUI accident can be charged as vehicular assault if it causes bodily injury to a passenger younger than 18 or serious bodily injury to any other person. Vehicular assault is a class D felony and carries the following penalties:
48 hours to 12 years in prison
up to $5,000 in fines
a 1-year license suspension
The mandatory minimum sentence and license suspension increase if the motorist has prior DUI convictions.
(Tenn. Code §§ 39-13-106, 40-35-111, 55-10-402,55-10-404 (2026)).
Felony Vehicular Homicide
A DUI accident can be charged as vehicular homicide if another person or a passenger younger than 18 is killed.
Vehicular homicide is a class C felony and carries the following penalties:
- mandatory minimum of 48 hours in jail to a maximum of 15 years in prison
- up to $10,000 in fines
- a license suspension of 3 to 10 years
The mandatory minimum sentence and license suspension increase if the motorist has prior DUI convictions. (Tenn. Code §§ 39-13-213, 40-35-111, 55-10-402 (2026)).
Felony Aggravated Vehicular Assault
- has two or more prior convictions for DUI or boating under the influence
- has one or more prior convictions for vehicular assault, vehicular homicide, or aggravated vehicular homicide
- had a BAC of .15% or more at the time of the offense and has one prior conviction for DUI or BUI.
- a maximum prison sentence of 15 years
- a fine of $5,000 to $15,000 (Tenn. Code §§ 39-13-115, 40-35-111 (2026)).
Felony Aggravated Vehicular Homicide
- has two or more prior DUI, BUI, or vehicular assault convictions
- has one or more prior vehicular homicide convictions
- had a BAC of .15% or more at the time of the offense and has one prior conviction for DUI, BUI, or vehicular assault
DUI License Restrictions
To alleviate some of the hardship of license loss, judges are permitted to issue a temporary restricted license during a DUI suspension. Generally, this license can be used only for travel related to work, school, or treatment purposes. The use of an ignition interlock device (IID) might also be required for a restricted license. (Tenn. Code § 55-10-409 (2026)).