Law Offices of James L. Widrig                (615) 417-7800
501 Union Street, Suite 503, Nashville, TN 37219 (Main Office)        &      117 N. Maple Street, Murfreesboro, TN 37130 (Satellite)
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DUI Penalties

Even though normally a DUI is a misdemeanor If convicted, driving under the influence, or DUI, can carry very severe consequences in Tennessee.


The defendant’s blood/alcohol level must be .08 percent or more OR the defendant must be under the influence of any narcotic drug, marijuana or drug producing stimulating effects on the central nervous system.

The penalties are as follows:

DUI 1ST offense:

  • Fine: $350 minimum; $1,500.00 maximum.
  • Jail: minimum 48 hours; maximum 11 months and 29 days, mandatory 7 consecutive days if blood alcohol exceeds .20%.
  • Driver's license revoked for 1 year.

DUI 2ND offense:

  • Fine: $600.00 minimum; $3,500 maximum.
  • Jail: minimum 45 days; maximum 11 months and 29 days.
  • Driver's license is revoked for 2 years
  • Inpatient alcohol or drug treatment available as jail credit.
  • Possible forfeiture of vehicle if used in the offense.

DUI 3RD offense:

  • Fine: $1,100.00 minimum; $10,000.00 maximum
  • Jail: minimum 120 days; maximum 11 months and 29 days
  • Driver's license revoked for 3 years to 10 years.
  • Possible forfeiture of vehicle.

DUI 4TH offense:

  • Class E felony conviction.
  • Fine: $3,000 minimum; $15,000.00 maximum.
  • Jail: minimum 150 days; maximum 6 years.
  • Driver's license revoked for 5 years
  • Possible forfeiture of vehicle.

If you are placed on probation after serving at least the minimum jail sentence, additional conditions of probation may be required, including but not limited to removing litter from public property, performing public service work, participation in a drug or alcohol rehabilitation facility, payment of restitution to any person suffering personal injury or property damage , and any other conditions ordered by the Court.


Implied Consent
Tennessee is what is referred to as a implied consent state, which means if you are driving a motor vehicle on public roads within TN you agree to submit to a test if asked to take one by a police officer. If you refuse to take the test you will automatically lose your drivers license. However, for the results of such test or tests to be admissible as evidence, it must first be established that all tests were administered to the person within two (2) hours following the person's arrest or initial detention.

Any person who refuses to submit to either test or both tests shall be charged by a separate warrant or citation. That means that you maybe charged with both a DUI and violating the Implied consent law.