Tennessee DUI Laws: 2025 DUI Charges Guide
Tennessee enforces strict DUI laws with significant penalties designed to protect public safety and reduce repeat offenses. The state uses a comprehensive approach that combines administrative penalties through the Tennessee Department of Safety and Homeland Security with criminal sanctions through the court system.
Getting Started
If you’re arrested for a DUI in Tennessee, you face a complex legal process with both administrative and criminal consequences. These two processes operate independently but can overlap or run consecutively depending on the circumstances of your DUI. Tennessee applies severe penalties for DUI offenses and implements ignition interlock device requirements to help prevent repeat drunk driving convictions.
Important Note: While this page provides detailed information about Tennessee DUI laws, DUI.org does not offer legal advice. Laws can change, so consult a qualified DUI attorney for personalized guidance.
Definitions to Know
DUI
In Tennessee, this refers to Driving Under the Influence of alcohol or drugs. Tennessee uses the term DUI.
SR-22
An insurance certificate of proof of financial responsibility typically required after a DUI conviction in Tennessee.
IID (Ignition Interlock Device)
A breathalyzer installed in a vehicle to prevent it from starting if alcohol is detected on your breath.
Tennessee Department of Safety and Homeland Security
The state organization that handles administrative license revocations, restricted license applications, IID oversight, and SR-22 monitoring. The Department works alongside the court system but handles the administrative penalties related to your driving privileges.
Steps to Take After DUI Arrest in Tennessee
- Hire an Attorney
Legal counsel can help navigate both Department of Safety administrative processes and criminal proceedings in Tennessee’s court system.
- Address License Suspension
Expect your driver’s license to be suspended based on the severity of the offense. In Tennessee, this happens quickly after arrest.
- Request an Administrative Hearing
If disputing a suspension, you must request a hearing with the Tennessee Department of Safety within 10 days of your arrest.
- Apply for a Restricted License
If eligible, you may apply for limited driving privileges by installing an ignition interlock device through the Tennessee Department of Safety.
- Install an IID
A car breathalyzer is required for certain offenses in Tennessee, especially for high-BAC convictions or repeat offenses.
Explore IIDs - File an SR-22 Form
Proof of insurance-related financial responsibility may be required for license reinstatement in Tennessee.
- Complete Substance Abuse Evaluation
Attend evaluation and complete recommended programs through approved Tennessee providers.
- Pay Fines and Fees
You’ll need to pay court fines plus other fees, such as license reinstatement and state charges.
- Complete DUI Education Program
Mandatory alcohol education courses are required in Tennessee for DUI offenders.
- Attend Court Proceedings
Your case will proceed through Tennessee’s criminal court independently from administrative actions.
- Avoid Further Violations
Whether you’re on probation, using a restricted license, or have just had your license reinstated, any new DUI or license violation can lead to severe penalties including jail time and longer suspensions.
DUI Laws in Tennessee
What Are the Legal Driving Alcohol Limits in Tennessee?
In Tennessee, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The blood alcohol concentration (BAC) limits are:
| Driver Category | Illegal BAC |
| Age 21 and older | 0.08% or higher |
| Commercial drivers (CDL) | 0.04% or higher |
| Under 21 | 0.02% or higher |
Police often use a breathalyzer to quickly check your Breath Alcohol Concentration (BrAC).
Felony vs Misdemeanor DUI Charges
In Tennessee, most first and second DUI offenses are classified as misdemeanors. However, certain circumstances can elevate a DUI to a felony charge.
A DUI becomes a felony in Tennessee if:
- It’s your forth or subsequent offense within 10 years
- The DUI caused serious bodily injury to another person
- The DUI resulted in death
- You have a prior felony DUI conviction
Felony DUI convictions carry much harsher penalties, including longer jail sentences, higher fines, and extended license suspensions compared to misdemeanor charges.
Does Tennessee Offer Drunk Driving Diversion Programs?
Tennessee offers alternative sentencing options for certain DUI cases, especially for first-time charges. These programs focus on rehabilitation and preventing future offenses rather than just punishment.
Refusing a Chemical Test Under Tennessee DUI Law
Tennessee applies an implied consent law. When you drive in Tennessee, you automatically consent to chemical testing (breath, blood, or urine) if an officer suspects you of driving under the influence. Refusing a test in Tennessee carries serious administrative penalties.
DUI Penalties & Consequences
Penalties for DUI Offenses in Tennessee
Penalties for DUIs in Tennessee become progressively severe with each conviction and vary based on your BAC level and whether anyone was injured.
First DUI
Jail Time: 48 hours to 11 months, 29 days
Fines: $350-$1,500
License Suspension: 1 year
IID Requirements: IID, alcohol and drug treatment program
Second DUI
Jail Time: 45 days to 11 months, 29 days
Fines: $600-$3,500
License Suspension: 2 years
IID Requirements: IID, substance abuse program
Third DUI
Jail Time: 120 days to 11 months, 29 days
Fines: $1,100-$10,000
License Suspension: 6 years
IID Requirements: IID, substance abuse program
Fourth DUI
Jail Time: 1 year (felony)
Fines: $3,000-$15,000
License Suspension: 8 years
IID Requirements: IID, substance abuse program
Aggravating Factors That Increase Tennessee DUI Penalties
In Tennessee, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements:
- Having a passenger under 18 years old in the vehicle
- Causing bodily injury to another person
- Extremely high BAC levels (0.20 or higher)
- Previous DUI convictions within a 10-year period
- Refusing to submit to chemical testing
- Driving with a suspended or revoked license
- Excessive speeding while under the influence
Driving Without a Valid License
Driving with a suspended license in Tennessee is a serious offense that can complicate your legal troubles. If caught driving while your license is suspended for a DUI, you could face:
- Misdemeanor criminal charges
- Additional license suspension time
- Possible jail time
- Steep fines
- Ineligibility for a restricted license
- Increased insurance rates
- Potential vehicle impoundment
Aggravating factors and/or license violations make it more difficult for you to recover from your original DUI. These issues may extend the timeline for getting your full driving privileges restored. Courts and the Department of Safety take these violations seriously in Tennessee, and they may reset much of your progress toward license reinstatement.
License Suspension
Who Determines if You Can Continue Driving After a DUI
In Tennessee, two separate entities determine your driving privileges after a DUI:
Tennessee Department of Safety and Homeland Security
Handles administrative license suspension based on either test failure (BAC over the legal limit) or test refusal. This process is separate from court proceedings and happens quickly after arrest.
Tennessee Courts
As part of criminal sentencing, the court may impose additional license suspension or restrictions beyond what the Department of Safety has already administered.
The administrative suspension through the Department of Safety occurs independently of your criminal case, meaning you could have your license suspended even if your criminal DUI charges are later reduced or dismissed.
How Long Will Your License Be Suspended?
Getting your license suspended in Tennessee means you are no longer allowed to drive a vehicle unless you obtain a temporary or restricted license during your suspension. Here’s how long your regular license may be suspended for a DUI in Tennessee:
| Offense | Administrative Suspension | Court Suspension |
| First DUI | 1 year | 1 year |
| Second DUI | 2 years | 2 years |
| Third DUI | 6 years | 6 years |
| Fourth+ DUI | 8 years | 8 years |
Steps to Reinstate Your License
To reinstate your driver’s license after a DUI suspension in Tennessee, you must:
- Serve your full suspension period
- Court Certification
- Pay reinstatement fees to the Tennessee Department of Safety
- Provide proof of financial responsibility via SR-22 insurance filing, if required
- Complete required education or treatment programs
- Install an ignition interlock if mandated by court or administrative order
- Pass any required written or driving tests
Restoring Your Driving Privileges
After a DUI conviction in Tennessee, there are specific paths to regaining some or all your driving privileges. These options vary based on your offense history, compliance with court orders, and willingness to meet strict requirements.
Eligibility for an Employment/Program-Restricted Driver’s License
In Tennessee, you may be eligible for a restricted license that allows limited driving for essential purposes. To qualify, you generally must:
- Have served a portion of your suspension period
- Have no other suspensions or revocations on your record
- Install an ignition interlock device on your vehicle
- Provide proof of SR-22 certificate, if required.
- Pay all applicable fees and penalties
- Demonstrate a legitimate need for driving privileges
The Tennessee Department of Safety provides information about eligibility requirements and application procedures for restricted licenses.
How to Apply for Temporary Restricted Driver’s License
To apply for a temporary restricted driver’s license in Tennessee, you must:
- Obtain certified order from the court
- Install an IID on your vehicle
- Submit an SR-22 as proof of financial responsibility
- Provide need-based documentation (e.g., employment verification or medical necessity)
- Submit application to the Tennessee Department of Safety and pay applicable fees
- Possibly appear for an interview or hearing
Tennessee Ignition Interlock Device (IID) Requirements
Tennessee has strict IID requirements for DUI offenders. An ignition interlock device prevents your vehicle from starting if it detects alcohol on your breath.
Key requirements include:
- Installation in all vehicles you operate
- Regular maintenance and calibration
- Compliance with all program rules
- Payment of all installation and monthly fees
- Regular monitoring and reporting
- No attempts to tamper with or circumvent the device
The device must be installed by a certified provider, and you must present proof of installation to the Tennessee Department of Safety to qualify for a restricted license or license reinstatement.
Selecting the right ignition interlock provider can make a world of difference.
SR-22 Insurance Requirements
After a DUI in Tennessee, you may need to file an SR-22 form with the state. This is not actually insurance, but rather a certificate your insurance company files to prove you have the minimum required coverage. Key points about SR-22 in Tennessee:
- Must be maintained for the length of the suspension or revocation period
- Any lapse in coverage will be reported to the Department of Safety
- Your license will be re-suspended if your SR-22 lapses
- Insurance rates typically increase significantly
Some insurance companies specialize in providing competitive rates for non-standard (high-risk) drivers, such as those facing a drunk driving charge.
Substance Abuse Evaluation and Treatment
Tennessee requires people with a DUI conviction to undergo substance abuse screening, assessment, and potentially treatment. This typically involves:
- Initial screening through an approved provider
- Professional assessment of substance use patterns
- Treatment recommendations based on assessment results
- Completion of required education or treatment programs
- Documentation of completion for the court and Department of Safety
Tennessee’s approved substance abuse education programs are designed to address alcohol and drug use issues and prevent future DUI incidents. The length and intensity of programs vary based on your assessment results and offense history.
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DUIs in Tennessee
How long will a DUI stay on your record in Tennessee?
A DUI conviction remains on your driving record permanently but the lookback period is for 5 years in Tennessee.
Can you refuse a breathalyzer test in Tennessee?
You can refuse, but Tennessee’s implied consent law means automatic license suspension for refusing.
Will you need an ignition interlock device after a DUI in Tennessee?
All DUI convictions in Tennessee require an IID, especially for restricted licenses.
How much does a DUI cost in Tennessee?
Between fines, fees, increased insurance, and other expenses, a first-time DUI typically costs $10,000 or more.
Sources
- FindLaw. (n.d.). What are the Tennessee DUI laws? https://www.findlaw.com/state/tennessee-law/what-are-the-tennessee-dui-laws.html
- National College for DUI Defense. (n.d.). Tennessee DUI laws. https://www.ncdd.com/tennessee-dui-laws
- Tennessee Department of Behavioral Health. (n.d.). DUI schools in Tennessee. https://www.tn.gov/behavioral-health/substance-abuse-services/criminal-justice-services/dui-schools-in-tennessee.html
- Tennessee Department of Safety and Homeland Security. (n.d.). DUI outline. https://www.tn.gov/safety/publicsafety/duioutline.html
- Tennessee Department of Safety and Homeland Security. (n.d.). Ignition interlock. https://www.tn.gov/safety/driver-services/ignition-interlock.html
- Tennessee Department of Safety and Homeland Security. (n.d.). SR-22. https://www.tn.gov/safety/driver-services/reinstatements/frlawinlex/sr22.html
- Tennessee State Courts. (n.d.). Ignition interlock information. https://tncourts.gov/sites/default/files/docs/ignition_interlock_information_-_thp_0.pdf
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