DUI Penalties In Tennessee For a First Offense (.08 BAC) DUI conviction:
- Minimum 48 hours (straight and hour for hour) and up to 11 months, 29 days in jail
- 20 BAC or greater minimum jail time 7 consecutive days
- License revocation for 1 year
- You will be ordered to participate in an alcohol and drug treatment program
- Pay restitution to any person suffering physical injury or personal loss
- $350-$1,500 fine
- With towing, bail, attorney, high risk insurance, court costs, alcohol safety school, interlock fees and reinstatement fees, your first offense average costs could easily exceed $4000 to $5000
- Judge will order you to install an Ignition Interlock Device, at your expense, if the Judge allows you to drive. Minimum first year costs could exceed $1,000
- If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
For someone with a second DUI conviction the following apply:
- Minimum 45 days (straight and day for day) up to 11 months, 29 days in jail
- $600-$3,500 mandatory fine
- License revocation for 2 years
- Subject to vehicle seizure/forfeiture
- You will be ordered to attend an alcohol and drug treatment program
- The judge will order you to install an Ignition Interlock Device, at your expense, if the Judge allows you to drive. Minimum first year costs could exceed $1,000
- If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
- Pay restitution to any person suffering personal injury or loss
For someone with a third DUI conviction the following apply:
- Minimum 120 days (straight and day for day) up to 11 months, 29 days in jail
- $1,100 to $10,000 in mandatory fines
- License revocation for 6-10 years.
- Judge will order you to install an Ignition Interlock Device, at your expense, if the Judge allows you to drive. Minimum first year costs could exceed $1,000.00
- Subject to vehicle seizure/forfeiture
- Alcohol and drug treatment program
- Judge could order an Ignition Interlock Device installed at your expense
- If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
For someone with a fourth or subsequent DUI conviction the following apply:
- Class E Felony
- 1 Year (365) days of jail time with a minimum of 150 consecutive days served straight and day for day
- $3,000 to $15,000 mandatory fine
- License revocation for 8 years
- Judge will order you to install an Ignition Interlock Device, at your expense, if the Judge allows you to drive. Minimum first year costs could exceed $1,000.00
- Subject to vehicle seizure/forfeiture
- Alcohol and drug treatment program
- Judge could order an Ignition Interlock Device installed at your expense
- If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.
Note: Sentence length depends on a number of factors, including the person’s criminal history
OTHER DUI RELATED OFFENSES MAY RESULT IN THE FOLLOWING:
- Vehicular Assault -Where a DUI results in serious injury to another person
- Class D Felony
- License revocation from 1 to 5 years according to number of prior offenses
- Jail time 2 to 12 years according to range
- Plus fines and court costs
- No restricted driver license is available
Note: Sentence length depends on a number of factors, including the person’s criminal history
Child Endangerment – DUI with passenger under 18 years old
- Class D felony if child suffers serious injury [55-10-403] [40-35-112]
- 2 to 12 years jail time
- Class B Felony if child death involved
- 8 to 30 years jail time
- License revocation
Note: Sentence length depends on a number of factors, including the person’s criminal history
Vehicular Homicide
- Class B Felony [39-13-213] [40-35-112]
- Fatal crash caused by DUI with .08 BAC or more
- License revocation for 3-10 years/NO restricted license available
- No restricted driver license is available Note: Sentence length depends on a number of factors, including the person’s criminal history
Aggravated Vehicular Assault While Driving Intoxicated
- Class A Felony [39-13-218] [40-35-112]
- If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault convictions or, (c) any combination
- One prior Vehicular Homicide
- A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense
*Other costs which don’t always get taken into consideration are the costs it takes to get a car back after it has been impounded. Depending on how long the car was there, it can cost $200 or more If the car has been impounded it will cost $10 a day, plus the tow fee. Also, if a vehicle is seized for forfeiture by the State of Tennessee, the value of the vehicle itself is a cost, in addition to the cost of replacing the vehicle