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DUI Offenses

DUI Offenses Outline

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)

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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
  • 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
  • Judge can order you to install an Ignition Interlock Device 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

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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 after first year
  • Subject to vehicle seizure/forfeiture
  • You will be ordered to attend an alcohol and drug treatment program
  • The judge can order you to install an Ignition Interlock Device 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

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3rd Time DUI Offender


  • 120 days to 11 months, 29 days in jail
  • $1,100 to $10,000 mandatory fines
  • License revocation for 6-10 years/NO restricted license available
  • Subject to vehicle seizure/forfeiture
  • Alcohol and drug treatment program
  • Judge could order an 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

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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/NO restricted license available
  • Subject to vehicle seizure/forfeiture
  • Alcohol and drug treatment program
  • Judge could order an 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

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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

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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

Note: Sentence length depends on a number of factors, including the person’s criminal history

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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

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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

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Fees to reinstate a driver license after alcohol-related offenses New icon


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

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Penalties for drug and alcohol-related offenses committed by minors New icon


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

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