Tennessee DUI Offenses Outline

Implied Consent - Refusal to Submit to Blood Alcohol (BAC) Test

Revocation of Driver License for 12 months
Revocation of Driver License for 24 months if crash resulted in bodily injury (Most Aggravated Drunk Driving Law)
Revocation of Driver License for 5 years if an crash resulted in a death (Most Aggravated Drunk Driving Law)

1st Time DUI Offender - .08 (BAC)

48 hours to 11 months, 29 days of Jail
License revocation for 1 year
Court ordered participation in alcohol and drug safety DUI school and/or drug offender school program if available
Payment of restitution if physical injury or personal loss involved and such person is economically capable of making such restitution

Most Aggravated Drunk Driver - .20 or Greater (BAC)

Minimum period of confinement of person; seven (7) consecutive calendar days in lieu of 48 hours of jail time

2nd Time DUI Offender

45 days to 11 months 29 days in Jail
$600 to $3,500 mandatory fine
License revocation for two (2) years / NO restricted license available.
Alcohol & Drug treatment before reinstating license
Subject to .08 BAC presumption
Subject to vehicle seizure/forfeiture (created funds for A & D Treatment Program)

3rd Time DUI Offender

120 days to 11 months, 29 days in jail
$1,100 to $10,000 mandatory fine
License revocation for 3 - 10 years / NO restricted license available
Subject to .08 BAC presumption
Subject to vehicle seizure/forfeiture
Alcohol & drug treatment before reinstating license

4th and Subsequent DUI Offender

Class E Felony
1 Year (365 days) of Jail with a minimum of 150 consecutive days served
$3,000 to $15,000 mandatory Fine
Loss of driver license for 5 years /No restricted license available
Alcohol & drug treatment before reinstating license

Aggravated Vehicular Homicide (while driving intoxicated)

Class A Felony
If any of the following conditions are present:
Two or more prior (a) DUI convictions or Vehicular or (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 and has one (1) prior DUI or Vehicular Assault offense

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