Tennessee treats a first DUI as a misdemeanor, not a felony, but the consequences still affect your driving privileges, your finances, and your record for years

A first DUI conviction in Tennessee carries mandatory minimum penalties: jail time between 48 hours and 11 months and 29 days, a fine between $250 and $1,100, and a driver's license suspension of at least one year. You will also be required to complete a substance abuse treatment program and install an ignition interlock device on any vehicle you drive. The exact penalties depend on your blood alcohol content (BAC) at the time of arrest, whether you refused a breath or blood test, and whether anyone was injured.

The arrest itself does not automatically mean conviction. Tennessee law allows you to challenge the traffic stop, the testing procedures, and the accuracy of the BAC measurement. Many first-time offenders also have options to reduce charges or enter diversion programs that can keep a conviction off your permanent record if you meet specific conditions.

Key Takeaways

  • A first DUI in Tennessee is a Class B misdemeanor with mandatory jail time of at least 48 hours, a fine of $250 to $1,100, and a one-year driver's license suspension.
  • Your driver's license is suspended when ready upon arrest, separate from any court conviction, and you have only 10 days to request a hearing to challenge the suspension.
  • Tennessee offers diversion programs in some jurisdictions that can result in charges being dismissed if you complete treatment and other requirements without a conviction on your record.
  • An ignition interlock device is mandatory for at least six months after your license is reinstated, and you must pay for installation and monthly monitoring yourself.
  • The BAC level at arrest affects penalties: a BAC of 0.08 to 0.20 percent carries lower penalties than a BAC above 0.20 percent, which is treated as an aggravated offense.

What happens to your driver's license when ready after arrest

When you are arrested for DUI in Tennessee, the arresting officer takes your physical driver's license and issues you a temporary permit valid for 20 days. This temporary permit allows you to drive only to work, school, medical appointments, and court. At the same time, the Tennessee Department of Safety and Homeland Security begins an administrative suspension of your license separate from any criminal court case.

You have exactly 10 days from the date of arrest to request a hearing to challenge the administrative suspension. This hearing is not about guilt or innocence in the DUI case itself—it is specifically about whether the officer had legal grounds to arrest you and whether your BAC was accurately measured. If you do not request this hearing within 10 days, your license suspension becomes automatic. If you request the hearing and lose, or if you do not appear, the suspension takes effect when ready.

The length of suspension depends on whether you took a breath or blood test and what the result was. If your BAC was 0.08 percent or higher, your license is suspended for one year. If you refused the test, your license is suspended for two years. During the suspension, you cannot legally drive at all—not even with a temporary permit.

Jail time, fines, and mandatory treatment requirements

A first DUI conviction in Tennessee requires a minimum of 48 hours in jail. The maximum is 11 months and 29 days. The judge has discretion within that range, and factors like your BAC level, whether you caused an accident, and your prior criminal history influence where in that range your sentence falls. Some judges impose the minimum 48 hours; others impose 30 days or more. Jail time can sometimes be served as weekend jail or through work-release programs, depending on the county and the judge's order.

The fine ranges from $250 to $1,100. You are also responsible for court costs, which vary by county but typically add $200 to $500 to the total. Additionally, you must complete a substance abuse treatment program approved by the Tennessee Department of Health. The program length depends on your BAC and the results of a substance abuse assessment, but first-time offenders typically complete between 8 and 20 hours of education or treatment. You pay for this program yourself.

You are also required to perform 24 to 48 hours of community service, though this requirement can sometimes be waived or reduced at the judge's discretion. All of these requirements must be completed before your driver's license can be reinstated.

The ignition interlock device requirement

After your license suspension ends and you are may be able to access for reinstatement, you must install an ignition interlock device on any vehicle you own or regularly drive. This device requires you to blow into a breathalyzer before the engine will start. If the device detects alcohol, the vehicle will not start. The device also records all test results and sends them to a monitoring company.

For a first DUI, the device must remain installed for a minimum of six months after license reinstatement. You are responsible for paying the installation fee (typically $100 to $200) and the monthly monitoring fee (typically $60 to $100). If you miss a scheduled service appointment or if the device records a failed test, the monitoring company reports this to the court, and you may face additional penalties or an extended interlock requirement.

You cannot remove the device yourself or have it removed early without a court order. If you are caught driving a vehicle without the required interlock device, you face additional criminal charges and license suspension.

Diversion programs and alternatives to conviction

Tennessee does not have a statewide diversion program for DUI, but many individual counties and judicial districts offer pretrial diversion or conditional discharge programs. These programs allow you to avoid a conviction if you meet specific conditions over a set period, usually 6 to 12 months. Conditions typically include completing a substance abuse treatment program, paying fines and court costs, performing community service, and submitting to random drug and alcohol testing.

may be able to access for diversion depends on the specific county, the prosecutor's discretion, and your individual circumstances. First-time offenders with no prior criminal history and no accident or injury are more likely to be offered diversion. If you successfully complete the program, the charges are dismissed and you can petition to have the arrest record sealed. This means the conviction does not appear on background checks for employment or housing.

To explore whether diversion is available in your case, you must discuss it with the prosecutor or your attorney early in the process. The prosecutor decides whether to offer diversion, and they are more likely to do so if you request it quickly rather than waiting until closer to trial.

How BAC level affects your penalties

Tennessee law distinguishes between different BAC levels, and the level at your arrest directly affects the severity of penalties. A BAC between 0.08 and 0.20 percent is treated as a standard first DUI. A BAC of 0.20 percent or higher is treated as an aggravated DUI, which carries enhanced penalties even for a first offense.

For an aggravated first DUI (BAC 0.20 percent or higher), the minimum jail sentence increases to seven days instead of 48 hours, and the fine increases to a minimum of $600. The license suspension period remains one year, but the interlock device requirement may be longer. Additionally, if your BAC was extremely high (0.40 percent or above), the prosecutor may argue for maximum penalties within the misdemeanor range.

If you refused the breath or blood test, you cannot be charged with a higher BAC level, but the refusal itself is used as evidence of guilt and carries its own penalty: a two-year license suspension instead of one year, even if you are acquitted of the DUI charge itself.

Challenging the arrest and the evidence

You have the right to challenge the traffic stop, the arrest, and the accuracy of BAC testing. Common defenses include: the officer lacked reasonable suspicion to stop your vehicle, the officer did not properly administer field sobriety tests, the breathalyzer or blood test was not properly calibrated or maintained, or the test was administered incorrectly. An attorney can file motions to suppress evidence if the stop or testing violated your constitutional rights.

The officer's dash camera and body camera footage, if available, can show whether you actually exhibited signs of impairment or whether the field sobriety tests were administered fairly. Breathalyzer machines must be certified and regularly calibrated; if records show the machine was not properly maintained, the test result may be inadmissible. Blood tests can be challenged if the blood was not properly stored, labeled, or tested.

Even if the evidence against you is strong, negotiating a plea to a lesser charge—such as reckless driving instead of DUI—is sometimes possible. This reduces the mandatory minimum penalties and may allow you to avoid some of the collateral consequences like the interlock device requirement.

Long-term consequences and your record

A DUI conviction in Tennessee remains on your criminal record permanently. It does not disappear after a certain number of years. This means it will show up on background checks for employment, housing, professional licensing, and loans. Many employers, especially those in transportation, healthcare, education, or positions requiring a commercial driver's license, will not hire someone with a DUI conviction.

If you are convicted of a second DUI within 10 years of the first, the second offense is treated as a felony, not a misdemeanor. This means mandatory prison time of at least 45 days and up to three years, a fine of $600 to $3,500, and a three-year license suspension. The consequences escalate significantly with each additional offense.

Your auto insurance rates will increase substantially after a DUI conviction. Some insurers will not renew your policy at all, and you may be forced to purchase high-risk insurance at two to three times the normal premium. This increased cost can last for three to five years or longer.

Frequently Asked Questions

Can I drive to work during my license suspension?

No. During the administrative suspension that begins when ready after arrest, you can drive only on the temporary permit the officer issued, and only to work, school, medical appointments, and court. Once the suspension takes effect (if you lose the administrative hearing or do not request one), you cannot drive at all. After conviction, you may be able to obtain a restricted license for work-related driving, but this requires a court order and is not automatic.

What if I refused the breath test?

Refusing the test does not prevent prosecution. Tennessee has an implied consent law, meaning you agreed to testing when you received your driver's license. Refusal results in a two-year administrative license suspension, and the refusal itself is admissible as evidence of guilt in court. You can still be convicted of DUI based on other evidence like field sobriety tests and officer observations, even without a BAC number.

How much will a DUI cost me in total?

Costs vary by county and judge, but a first DUI typically costs between $2,000 and $5,000 when you add together fines, court costs, substance abuse treatment, community service, ignition interlock installation and monitoring, and increased insurance premiums over several years. If you hire an attorney, add $1,500 to $3,000 or more. The long-term cost of increased insurance premiums can exceed $5,000 over five years.

Will a DUI conviction affect my job?

It depends on your job. If you drive for work or hold a commercial driver's license, a DUI conviction will likely end your employment or make you unhirable. Even for jobs that do not involve driving, many employers conduct background checks and will not hire someone with a DUI conviction. Professional licenses in healthcare, law, and education can be suspended or revoked. You should discuss the specific impact with your employer or licensing board.

Can I get the conviction removed from my record?

A DUI conviction cannot be expunged (removed) from your record in Tennessee. However, if you were arrested but not convicted—for example, if charges were dismissed or you completed a diversion program—you can petition to have the arrest record sealed. A sealed record does not appear on most background checks, though it remains accessible to law enforcement and some government agencies.