Tennessee DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §55-10-401
A first DUI in Tennessee is classified as a Class A misdemeanor.
- Jail: 48 hours mandatory; 7 consecutive days if BAC ≥ 0.15 minimum to 11 months and 29 days maximum
- Fine: $350 to $1,500
- License suspension: 1 year
- Substance abuse program: attendance at state-approved DUI school required; drug/alcohol assessment may also be ordered
- Probation: available
Second offense
- Jail: 45 days mandatory (consecutive) minimum to 11 months and 29 days maximum
- Fine: $600 to $3,500
- License suspension: 2 years
Third and subsequent offenses
- Jail/prison: 120 days mandatory (consecutive) minimum to 11 months and 29 days maximum
- Fine: $1,100 to $10,000
- License suspension: 6 years
- Felony threshold: fourth offense within 10-year lookback is a Class E felony (150 days mandatory, up to 6 years); sixth or subsequent is a Class C felony (150 days mandatory, up to 15 years)
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 48 hours mandatory; 7 consecutive days if BAC ≥ 0.15–11 months and 29 days §55-10-401 | $350–$1,500 §55-10-401 | 1 year §55-10-401 | |
| Second DUI | 45 days mandatory (consecutive)–11 months and 29 days §55-10-401 | $600–$3,500 §55-10-401 | 2 years §55-10-401 | |
| Third DUI | 120 days mandatory (consecutive)–11 months and 29 days §55-10-401 | $1,100–$10,000 §55-10-401 | 6 years §55-10-401 |
Lookback period
Tennessee uses a 10 years (with potential extension — a conviction near the end of the lookback can extend it for an additional 10 years from the most recent conviction) Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors §55-10-402
- BAC ≥ 0.15 (mandatory 7-day jail minimum for first offense)
- Child under 18 in vehicle (additional mandatory 30-day incarceration plus $1,000 fine)
- Vehicular assault or homicide (separate felony charges)
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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Related guides
- 1st offense: 48 hours mandatory; 7 consecutive days if BAC ≥ 0.15 to 11 months and 29 days jail, $350-$1,500 fine, 1 year suspension
- 2nd offense: 45 days mandatory (consecutive) to 11 months and 29 days jail, $600-$3,500 fine
- 3rd+ offense: 120 days mandatory (consecutive) to 11 months and 29 days jail, $1,100-$10,000 fine
- Lookback period: 10 years (with potential extension — a conviction near the end of the lookback can extend it for an additional 10 years from the most recent conviction)