Tennessee Implied Consent
Refusal to Submit to Blood Alcohol (BAC) [55-10-406]
- Revocation of Drivers License for 1 year – 1st offense
- Revocation of Drivers License for 2 years – 2nd offense
- Revocation of Drivers License for 2 years if crash resulted in bodily injury (Most Aggravated Drunk Driving Law)
- Revocation of Drivers License for 5 years if crash resulted in a death (Most Aggravated Drunk Driving Law)
Tennessee 1st Time DUI Offender
.08 (BAC) [55-10-401] [55-10-403]
- 48 hours up to 11 months, 29 days for offenders in violation of 55-10-401
- .20 BAC or greater minimum jail time 7 consecutive days
- License revocation for 1 year – Restricted License available
- 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, school, and reinstatement fees, your first offense average costs could add up to $4,900
- Ignition Interlock Device installed at your expense. Minimum first year costs could exceed $1,000.00
- If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
- Drug and Alcohol Treatment may be required at the judge’s discretion
Tennessee 2nd Time DUI Offender
- 45 days to 11 months, 29 days in jail
- $600-$3,500 mandatory fine
- License revocation for 2 years/Restricted License available
- Subject to vehicle seizure/forfeiture
- You will be ordered to attend an alcohol and drug treatment program
- 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
- Pay restitution to any person suffering personal injury or loss
Tennessee 3rd Time DUI Offender
- 120 days to 11 months, 29 days in jail
- $1,100 to $10,000 mandatory fines
- License revocation for 6 years/Restricted license available
- Subject to vehicle seizure/forfeiture
- Alcohol and drug treatment program
- 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
Tennessee 4th and Subsequent DUI Offender
- Class E Felony
- 1 Year (365) days of jail time with a minimum of 150 consecutive days served
- $3,000 to $15,000 mandatory fine
- License revocation for 8 years/Restricted license available
- Subject to vehicle seizure/forfeiture
- Alcohol and drug treatment program
- 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
Tennessee Vehicular Assault
Serious injury to another person by a DUI driver
- Class D Felony [39-13-106]
- License revocation from 1 to 5 years according to number of prior offenses
- Jail time 2 to 12 years according to range [40-35-112]
- Plus fines and court costs
- No restricted driver license is available
Tennessee 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
Tennessee 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
Tennessee 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
Tennessee Fees to reinstate a driver license after alcohol-related offenses
Implied Consent/Refusal to Submit to Blood Alcohol T.C.A. 55-10-406
- $100 reinstatement fee
- $50 fee if filing of financial responsibility (SR-22) is required
- $75 fee for failure to surrender driver license may be required
- Required to apply for valid license & pay appropriate driver license fee
- Drug Free Youth Act Offenses (Ages 13 – 17) (T.C.A. 55-10-701) & Underage Possession of Alcohol (Age 18 -21) (T.C.A. 57-5-301)
- $20 reinstatement fee
- $75 fee for failure to surrender driver license may be required
- Required to apply for valid license & pay appropriate driver license fee
All other DUI Type Offenses
- $100 reinstatement fee
- $3 certification fee if violation occurred in Tennessee
- $50 fee if filing of financial responsibility (SR-22) is required
- $75 fee for failure to surrender driver license may be required
- Required to apply for valid license & pay appropriate driver license fee
Tennessee Penalties for drug and alcohol-related offenses committed by minors
Drug Free Youth Act Offenses (Ages 13 – 17) T.C.A. 55-10-701
- License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days
- License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year
- Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted
- Underage Possession of Alcohol (Age 18 -21) T.C.A. 57-5-301
- License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days
- License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year
- Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted
- Driving While Impaired (Age 16 – 20) T.C.A 55-10-415
- License revocation for 1 year/No provision for restricted license
- $250 fine
- Court may impose public service work