Tennessee DUI Laws: Penalties, BAC & License (2026)

In Tennessee the offense is called driving under the influence (DUI), and TCA 55-10-401 makes it unlawful to drive while impaired or with a blood or breath alcohol concentration (BAC) of 0.08 percent or more. A first DUI is a Class A misdemeanor punishable by 48 hours to 11 months and 29 days in jail under TCA 55-10-402, a fine of $350 to $1,500 under TCA 55-10-403, and a one-year license revocation under TCA 55-10-404.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Tennessee

Tennessee charges the offense as driving under the influence under TCA 55-10-401. The statute defines it two ways: driving while under the influence of alcohol, drugs, or any intoxicant that impairs the ability to safely operate a vehicle, or driving with a BAC of 0.08 percent or more. Because the impairment prong does not require a specific number, a driver can be convicted below 0.08 if the State proves the loss of the clearness of mind and control needed to drive safely. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under the underage-driving-while-impaired law in TCA 55-10-415, which sets a 0.02 percent threshold. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes. A BAC of 0.15 percent or higher raises the mandatory minimum jail time on a first offense.

First-offense DUI penalties in Tennessee (jail, fines, suspension)

A first DUI is a Class A misdemeanor. Under Tennessee Code Annotated 55-10-402, a first offender faces 48 hours to 11 months and 29 days in jail. A separate section, TCA 55-10-403, sets the fine at $350 to $1,500, and TCA 55-10-404 imposes the one-year license revocation. The 48-hour minimum jumps to seven days if the BAC was 0.15 percent or higher. Beyond jail and fines, the court orders participation in an alcohol safety program and a litter-removal or community service requirement, and towing and storage costs are charged to the driver. Courts frequently grant probation in place of most of the maximum jail term for a first-time offender, but the 48-hour (or seven-day) minimum is mandatory. The conviction also triggers an ignition interlock requirement, discussed below, and reinstatement fees apply before the license can be restored.

Watch out: A first DUI conviction in Tennessee comes with a mandatory ignition interlock requirement, not just a license revocation. The device must be installed and kept in working order for the interlock period, and removing it early can restart or extend the requirement.

Ignition interlock requirements in Tennessee

Tennessee has one of the stronger first-offense interlock rules in the country. According to the Tennessee Department of Safety, a driver convicted of DUI is restricted to operating only vehicles equipped with a functioning ignition interlock device, and a first offense carries a minimum 365-day interlock period. The interlock requires a breath sample before the engine starts and at random intervals while driving, and it logs every reading. The device must be installed and maintained in working order for the entire interlock usage period or the entire revocation period, whichever is longer. The interlock period scales up for repeat offenses, reaching 730 days for a second DUI, 2,190 days for a third, and 2,920 days for a fourth or subsequent offense. Removing the device early can cause the period to restart or add additional time, so compliance for the full term matters.

License revocation and the restricted-license process in Tennessee

A Tennessee DUI conviction revokes the driver license for one year on a first offense under TCA 55-10-404. Many drivers seek a restricted license so they can keep driving during the revocation. As Tennessee Code Annotated 55-10-409 explains, a restricted license requires a certified court order for a restricted driver license, and if the order requires an interlock the device must be installed before the restricted license is issued. The restricted license limits driving to defined purposes such as work, the alcohol safety program, court-ordered treatment, school, religious services, and interlock monitoring appointments. To reinstate full driving privileges after the revocation, the driver must serve the revocation period, complete the interlock requirement, file proof of financial responsibility (an SR-22 in many cases), and pay reinstatement fees. The deadlines and paperwork are strict, so keeping every document matters.

Repeat offenses and the Tennessee look-back period

Tennessee enhances DUI penalties based on prior convictions within a 10-year look-back period, and in some circumstances the relevant window can reach further back. A second DUI within 10 years carries 45 days to 11 months and 29 days in jail, higher fines, and a two-year revocation. A third DUI carries 120 days to 11 months and 29 days and longer license loss. The felony threshold is the fourth offense: under TCA 55-10-402, a fourth or subsequent DUI is a Class E felony, with a mandatory minimum of 150 consecutive days in confinement and a longer revocation. Vehicular assault and vehicular homicide while intoxicated are separate felonies regardless of offense number. Because Tennessee does not let DUI convictions be expunged, every prior conviction remains available to enhance a later charge.

Watch out: Refusing the breath or blood test does not protect your license and can cost you more time off the road. Under TCA 55-10-407, a first refusal carries a one-year revocation, and as of January 1, 2026 refusing a requested blood test carries an 18-month revocation for a driver with no qualifying prior in 10 years.

Refusing a breath or blood test in Tennessee

Tennessee's implied consent law in TCA 55-10-406 provides that by driving in the state you have consented to a chemical test of blood or breath when an officer has reasonable grounds to believe you were driving under the influence. The officer must advise you that refusing the test will result in a license suspension before testing. The revocation periods sit in a separate section, TCA 55-10-407: a first implied consent refusal carries a one-year revocation, and effective January 1, 2026 a first refusal of a requested blood test carries an 18-month revocation for a driver with no prior DUI, vehicular assault, or vehicular homicide conviction in the past 10 years. An implied consent violation is handled as a civil license matter, so by itself it does not create a criminal record, but it runs separately from and on top of the criminal DUI case. Officers can also seek a warrant to draw blood, particularly in crashes involving injury.

Can you expunge or seal a DUI in Tennessee

Tennessee is one of the strictest states on this point: a DUI conviction cannot be expunged. The general expungement statute excludes DUI, so even a single first-offense conviction generally stays on the criminal record permanently. The only way a DUI charge comes off the record is if the case ended without a conviction, such as a dismissal or an acquittal, in which case the charge itself may be eligible for expunction. A conviction that is later reduced is treated under the rules for the offense of conviction. Because the conviction is permanent and Tennessee uses a 10-year look-back for enhancement, a DUI continues to affect a driver long after the sentence is served. Anyone weighing how a plea will affect their record should understand that, unlike some states, Tennessee offers no nondisclosure or sealing route for a DUI conviction.

What to do after a DUI arrest in Tennessee

A Tennessee DUI creates a criminal case in court and, if you refused testing, a separate implied consent license matter. The deadlines are short and the consequences stack, so people often move quickly to understand both the DUI charge under TCA 55-10-401 and any refusal-based revocation under TCA 55-10-407. The criminal case proceeds on its own schedule from arraignment through pretrial and resolution, while the license revocation and the mandatory interlock follow a conviction. General information cannot tell you how your case will come out, because the outcome turns on the specific facts, the evidence, and your record. Since a Tennessee DUI conviction can never be expunged, have a DUI attorney review both cases in a free consultation before you accept a plea (attorney advertising). Keep the arrest paperwork, any test results, and all court and Department of Safety notices in a safe place.

More Tennessee Laws

• Tennessee Expungement Laws
• Tennessee Warrant Search

Frequently Asked Questions

What is the BAC limit in Tennessee?

The per se limit is 0.08 percent BAC under TCA 55-10-401. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a 0.02 percent threshold under the underage-driving-while-impaired law in TCA 55-10-415.

How long do you lose your license for a first DUI in Tennessee?

A first DUI conviction revokes the license for one year. Many drivers can obtain a restricted license with an ignition interlock to keep driving for work, treatment, and other defined purposes during the revocation.

Is a first DUI a felony in Tennessee?

No. A first DUI is a Class A misdemeanor. DUI becomes a Class E felony at the fourth offense under TCA 55-10-402, with a mandatory minimum of 150 days. Vehicular assault and vehicular homicide are felonies regardless of offense number.

Do you need an interlock for a first DUI in Tennessee?

Yes. Tennessee requires an ignition interlock device for a DUI conviction, with a minimum 365-day interlock period for a first offense, according to the Tennessee Department of Safety. The device must stay installed for the full required term.

What happens if you refuse a breathalyzer in Tennessee?

Refusing a chemical test violates the implied consent law in TCA 55-10-406, and TCA 55-10-407 sets the revocation period. A first refusal carries a one-year revocation, increased to 18 months for refusing a requested blood test as of January 1, 2026 for drivers with no qualifying prior in 10 years.

How long does a DUI stay on your record in Tennessee?

A DUI conviction stays on your record permanently because Tennessee does not allow DUI convictions to be expunged. For enhancement, the state uses a 10-year look-back period, and in some cases a longer window can apply.

Can you get a DUI expunged in Tennessee?

No. Tennessee does not allow [expungement](/us-laws/expungement) of a DUI conviction. Only a charge that ended without a conviction, such as a dismissal or acquittal, may be eligible for expunction.

What is the look-back period for DUI in Tennessee?

Tennessee uses a 10-year look-back period for enhancing DUI penalties, and in some circumstances the relevant window can reach further back. Prior convictions within that period push a later DUI toward second, third, and felony status.