DUI & DWI in Tennessee

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Tennessee, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%. – for commercial drivers (CDL)

0.08%  – for drivers under 21 years of age

Having a license in the state of Tennessee automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation! Points are assessed based on the severity of the offense and the number of convictions. Not to mention the major amounts of money (fines, court costs, bail, vehicle storage and towing fees, attorney fees, the cost of the Ignition Interlock Program, license reinstatement fees, and higher insurance costs) that will come out of your pocket. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

Tennessee provides a complete outline of DUI penalties according to the offense both online and in their brochure “The Cost of Drinking and Driving.” It is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice. More information can also be found at the Tennessee Association of Alcohol, Drug, and other Addiction Services (TAADAS) website.

The cost of an average DUI is $3,000!

Your criminal court requirements and TN DPS administrative penalties:

If you are over 21 years old:

• was over 0.2%).
• A $350 to $1,500 fine.
• You license will be revoked for 1 year.
• You may be evaluated for addiction and ordered to have treatment.
• You will have to register in a DUI school.
• At a cost of $810 per year, you may be ordered to install an ignition interlock device in your vehicle.
• You will also incur additional costs of up to $4900 towards towing, attorney’s fees, bail, court costs, DUI School, reinstatement, etc. This is aside from restitution, if any.

• Imprisonment for 45 days to 11 months and 29 days and
• A fine of $600 to $3,500. Additionally, if convicted for the 2nd offense of DWI, DUID or BAC:
• Your license will be revoked for 2 years but you may be granted restricted driving privileges after 1 year.
• You may be evaluated for addiction and ordered to have treatment.
• You will have to register in a DUI school.
• At a cost of $810 per year, you may be ordered to install an ignition interlock device in your vehicle.
• You will also incur additional costs of up to $4900 towards towing, attorney’s fees, bail, court costs, DUI School, reinstatement, etc. apart from restitution, if any.
• Your vehicle may be forfeited.

• Imprisonment for 120 days to 11 months and 29 days.
• A fine of $1,100 to $10,000.
• Your license will be revoked for 6 to 10 years with no possibility of limited driving privilege.
• You may be evaluated for addiction and ordered to have treatment.
• You will have to register in a DUI school.
• At a cost of $810 per year, you may be ordered to install an ignition interlock device in your vehicle.
• You will also incur additional costs of up to $4900 towards towing, attorney’s fees, bail, court costs, DUI School, reinstatement, etc. apart from restitution, if any.
• Your vehicle may be seized or forfeited.

• Is a class E felony carrying imprisonment of 1 year (including at least 150 continuous days in jail)
• A fine of $3,000 to $15,000.
• Your license will be revoked for 8 years with no restricted driving privileges.
• You may be evaluated for addiction and ordered to have treatment.
• You will have to register in a DUI school.
• At a cost of $810 per year, you may be ordered to install an ignition interlock device in your vehicle.
• You will also incur additional costs of up to $4900 towards towing, attorney’s fees, bail, court costs, DUI School, reinstatement, etc. apart from restitution, if any.
• A mandatory forfeit of your vehicle.

Any trace of alcohol can result in a DWI charge. Penalties include:

• A TN driver’s license suspension/ revocation for 1 year.
• A $250 fine.
• Court-ordered community service.
• Minimum jail time is 2 days (as opposed to 1 day for older drivers).
• All other penalties are the same regardless of age.

• You will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

Tennessee laws have administrative implications in addition to the criminal laws against DUI/DWI. Based on this law, an officer may arrest a driver if he/she is driving with BAC 0.08% or more.

The driver can request an administrative hearing against the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous driving record.

• Completion of a drug and alcohol treatment and education program. If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Safety, once the period of suspension or revocation is over. Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. You must take each driver license exam again, and pay a $67 fee.
• If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
• To complete the reinstatement requirements, you must prove that you have successfully completed the DUI School or a comparable program (the agency will send the proof to the Driver License Bureau once you have completed the program).
• Pay the $100 reinstatement fee, and maintain proof of financial responsibility by filing SR-22, if required. There is a $50 SR22 insurance filing fee. In addition to an SR-22 form.
• There is a $75 fee if you did not surrender your driver’s license at the time of revocation/ suspension.
• The court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
• For more information about what may be required to reinstate your driver’s license, please visit our Suspended License in Tennessee
• When you have met the conditions for reinstatement, you can contact the Tennessee Department of Safety by calling (615) 741-3954 or (866) 903-7357, sending an email to [email protected] or writing to:

Tennessee Department of Safety

P.O. Box 945

Nashville, TN 37202