DUI Defense
Short answer: a first-offense DUI in Tennessee carries at least 48 hours in jail, a $350 to $1,500 fine and a one-year license revocation; a second offense at least 45 days and two years; a third at least 120 days and six years; a fourth is a Class E felony with 150 days served day for day and eight years. A child in the car, an injury, a death or a BAC of 0.15 or more raises every one of those.
This page is the detail behind our Memphis DUI lawyer page, with the statutes behind each number. Call (901) 324-5000, or call or text the criminal line at 901-412-2973, any time. Se habla español.
What Tennessee Law Actually Prohibits
Under T.C.A. § 55-10-401, it is unlawful for any person to drive or be in physical control of a motor vehicle on any public road, highway, street, alley, or on the premises of a shopping center, trailer park, or apartment complex while:
- Under the influence of any intoxicant, marijuana, controlled substance, drug, substance affecting the central nervous system, or any combination of these, that impairs the driver’s ability to safely operate the vehicle; or
- The alcohol concentration in the driver’s blood or breath is 0.08% or more.
Two important points that often surprise clients:
- You do not have to be driving. “Physical control” is enough. Sitting in the driver’s seat with the keys — even with the engine off — has supported DUI convictions in Tennessee.
- You do not have to blow over 0.08. If an officer believes your ability to drive is impaired by alcohol, prescription medication, marijuana, or any combination, you can be charged regardless of your BAC.
Penalties by Offense Number
Tennessee’s DUI penalty structure escalates sharply with each prior conviction. The lookback period is ten years — any DUI conviction within the past decade counts as a prior for enhancement purposes under T.C.A. § 55-10-405. Below are the statutory minimums set by T.C.A. §§ 55-10-402 and 55-10-403. Brooks Law Firm attorneys know how to defend DUI cases in Memphis and Shelby County.
First Offense
- Jail: Not less than 48 hours, up to 11 months and 29 days. Minimum increases to 7 consecutive days if your BAC was 0.15% or higher.
- Fine: $350 to $1,500.
- License revocation: 1 year.
- Required: DUI School, alcohol and drug assessment, 24 hours of roadside litter removal as a condition of probation, and possible ignition interlock.
- Additional fees: $250 BADT fee (T.C.A. § 55-10-413(f)), $100 alcohol and drug addiction treatment fee, plus court costs.
Second Offense
- Jail: Not less than 45 consecutive days, up to 11 months and 29 days.
- Fine: $600 to $3,500.
- License revocation: 2 years.
- Ignition interlock: Required during any restricted-license period and for a period after reinstatement.
- Vehicle forfeiture: The vehicle used in the offense may be seized and forfeited under T.C.A. § 55-10-414.
Third Offense
- Jail: Not less than 120 consecutive days, up to 11 months and 29 days.
- Fine: $1,100 to $10,000.
- License revocation: 6 years.
- Ignition interlock required; vehicle forfeiture applies.
Fourth or Subsequent Offense — Felony
- Classification: Class E felony.
- Jail: Not less than 150 consecutive days, served day-for-day, up to the maximum for the applicable Class E felony range.
- Fine: $3,000 to $15,000.
- License revocation: 8 years.
- A felony DUI carries lifetime collateral consequences — loss of firearm rights, voting rights until restored, and substantial employment and immigration consequences.
Fifth and Sixth or Subsequent Offenses
A fifth DUI committed on or after July 1, 2019, is a Class D felony under T.C.A. § 55-10-402(a)(5), carrying 2 to 12 years. A sixth or subsequent DUI committed on or after July 1, 2016, is a Class C felony under T.C.A. § 55-10-402(a)(6), carrying 3 to 15 years in the Department of Correction and fines up to $15,000.
Aggravating Factors That Enhance Your Sentence
DUI with a Child in the Vehicle
Under T.C.A. § 55-10-402(e), driving under the influence with a passenger under 18 years old adds a mandatory 30 days of incarceration on top of the base DUI sentence, plus an additional $1,000 fine under T.C.A. § 55-10-403(a)(5). If the child suffers serious bodily injury, the offense becomes a Class D felony; if the child dies, it becomes a Class B felony.
DUI Resulting in Injury — Vehicular Assault
If a DUI causes serious bodily injury to another person, the charge is upgraded to Vehicular Assault under T.C.A. § 39-13-106 — a Class D felony. Aggravated Vehicular Assault under T.C.A. § 39-13-115 is a Class C felony when the defendant has prior DUI or vehicular offenses, or certain BAC thresholds are met.
DUI Resulting in Death — Vehicular Homicide
Vehicular Homicide by intoxication under T.C.A. § 39-13-213(a)(2) is a Class B felony carrying 8 to 30 years. Aggravated Vehicular Homicide under T.C.A. § 39-13-218 — involving prior DUI convictions, a BAC of 0.20% or higher combined with a prior DUI, or prior vehicular offenses — is a Class A felony carrying 15 to 60 years. For offenses committed on or after July 1, 2022, vehicular homicide by intoxication must be served at 100% with no early release or parole.
High BAC (0.15% or Higher)
A first-offense DUI with a BAC of 0.15% or greater carries an enhanced mandatory minimum of 7 consecutive days in jail instead of the baseline 48 hours.
Talk to a Memphis DUI lawyer
Patrick Brooks handles every DUI case personally in Shelby County General Sessions, the Germantown, Bartlett and Collierville municipal courts, and Tipton and Fayette County. A first-offense DUI starts at $3,500, flat; the schedule is on what a DUI lawyer costs in Memphis. Call (901) 324-5000, or call or text the criminal line at 901-412-2973, any time. Se habla español.
Frequently asked questions
Is a first DUI in Tennessee a misdemeanor?
Yes. A first, second and third offense are Class A misdemeanors with mandatory minimum jail. The fourth and later offenses are felonies, and so is any DUI that causes serious injury or death.
Does the 48-hour minimum really mean jail?
Yes. The 48 hours on a first offense cannot be suspended, and it rises to seven consecutive days when the BAC was 0.15 or higher. What can change is whether the charge survives at all, which is why the first-offense fight is about the stop and the evidence rather than the sentence.
Can a Tennessee DUI be expunged later?
No. A DUI conviction is permanently ineligible for expungement in Tennessee. That is the single biggest reason a first offense is worth defending rather than pleading.