DUI Sentencing in Tennessee:
What you should know
For informational purposes only. This page summarizes Tennessee law and is not legal advice. If you or someone you know is facing DUI charges, consult a licensed Tennessee attorney.
A DUI conviction in Tennessee carries serious, escalating consequences — starting with mandatory jail time on a first offense and climbing to a Class C felony on a sixth or subsequent conviction. Understanding how the law works can help drivers make informed choices and help anyone navigating the system know what they’re facing.
How Severity Escalates with Each Offense
Offense Tier by Conviction Number
1st
Class A
Misd.
2nd
Class A
Misd.
3rd
Class A
Misd.
4th
Class E
Felony
5th
Class D
Felony
6th
Class C
Felony
Each segment above represents a distinct offense tier under Tennessee law.
Penalty Breakdown by Offense
First Offense
Class A Misdemeanor
T.C.A. § 55-10-402(a)(1)
Sentence
11 months, 29 days
48-hr minimum if BAC < 0.15%, 7-day minimum if BAC >= 0.15%
Fine
$350 - $1,500
License
1-year revocation
Other
Mandatory DUI School
Possible ignition interlock device; optional victim impact panel in lieu of or in addition to DUI school
Second Offense
Class A Misdemeanor
T.C.A. § 55-10-402(a)(2)
Sentence
11 months, 29 days
45- day mandatory minimum incarceration; the remainder can be served on probation
Fine
$600 - $3,500
License
2-year revocation
Other
Vehicle Forfeiture Eligible
Court-ordered drug/alcohol treatment; mandatory ignition interlock even after probation ends
Third Offense
Class A Misdemeanor
T.C.A. § 55-10-402(a)(3)
Sentence
11 months, 29 days
120-day mandatory minimum incarceration; the remainder can be served on probation
Fine
$1,100 - $10,000
License
6-year revocation
Restricted license available with ignition interlock device
Other
Transdermal monitoring required
Min. 90 days continuous sobriety on probation release; vehicle forfeiture eligible
Fourth Offense & Beyond
Felony
T.C.A. §§ 55-10-402(a)(4)–(6)
Sentence
150 days minimum
4th (Class E): up to 6 yrs · 5th (Class D): up to 12 yrs · 6th+ (Class C): up to 15 years depending on offender range
Fine
$3,000 - $15,000
License
8-year minimum revocation
Other
Vehicle forfeiture; ignition interlock; transdermal monitoring
6+ prior DUI convictions (on/after Jan 1, 2019): must serve 100% of sentence imposed
Treatment Programs and Sentence Credits
Second and third offenders may be eligible for sentence reduction credits if the sentencing judge orders participation in a licensed substance abuse treatment program. This is a discretionary option — defendants have no right to it. To qualify, three steps must be completed: a clinical substance abuse assessment by qualified personnel; court placement in a licensed or certified treatment program; and a mandatory pre-treatment jail period before entering the program.
Once enrolled, defendants can earn day-for-day credit for residential treatment, and one day of credit for every nine hours of completed intensive outpatient treatment. Critically, treatment programs are not publicly funded — defendants bear the cost unless found indigent by the court.
Treatment Credit Requirements
2nd offense — pre-treatment jail
Minimum 17 days before entering program
3rd offense — pre-treatment jail
Minimum 65 days before entering program
Residential credit
Day-for-day
Outpatient credit
1 day per 9 hours completed
Sentences Must Be Served Consecutively
Tennessee courts have consistently held that multiple DUI offenders cannot serve their mandatory minimum sentences on weekends or non-working days. The minimum sentence must be served day-to-day, in succession. A DUI defendant is ineligible for any discretionary relief — including work release, furlough, or other programs — until the full mandatory minimum has been served consecutively.
Ignition Interlock Devices and Alcohol Monitoring
Ignition interlock devices (IIDs) — which prevent a vehicle from starting if alcohol is detected on the driver’s breath — can be required as early as a first offense depending on the facts of the case. For second and subsequent offenders, IID use is mandatory, including after the probationary period ends. Importantly, an IID also opens the door to obtaining a restricted driver’s license immediately after conviction, even during a formal revocation period, provided the driver is otherwise eligible.
Third and subsequent offenders face an additional layer of supervision: a transdermal alcohol monitoring device must be worn for a minimum of 90 consecutive days of sobriety upon release onto probation. Tampering with or vandalizing any monitoring device is a Class B misdemeanor, and damage to the device may be prosecuted as theft.
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