Tennessee DUI Basics

An arrest for driving under the influence (DUI) can affect your freedom, your license, and your livelihood. I will briefly describe (1) how state law defines a DUI, (2) what blood-alcohol levels trigger charges, (3) the penalties for a first offense all the way to a felony DUI, and (4) fact-driven defenses Tennessee courts have accepted.

-Any person charged with a DUI should seek legal counsel.

1. What counts as a DUI in Tennessee?

Under T.C.A. § 55-10-401, it is unlawful to “drive or be in physical control” of a motor vehicle anywhere the public has access while:

1. Under the influence of alcohol, marijuana, a controlled substance, or any drug that impairs the ability to drive safely § 55-10-401(a)(1);

2. With a blood- or breath-alcohol concentration (BAC) of 0.08 % or higher § 55-10-401(a)(2); or

3. With a BAC of 0.04 % or higher while operating a commercial motor vehicle § 55-10-401(a)(3).

“Physical control” means you can be cited even if the car is parked—as long as you have the present ability to start and move it. The Tennessee Supreme Court affirmed a conviction where the driver was asleep in the driver’s seat of a parked truck with the keys in his pocket (State v. Lawrence, 849 S.W.2d 761 (Tenn. 1993)).

2. BAC limits and zero-tolerance rules

• Adults (21+): 0.08 % BAC triggers DUI per se § 55-10-401(a)(2).

• Commercial-vehicle drivers: 0.04 % BAC § 55-10-401(a)(3).

• Drivers age 16–20: 0.02 % BAC under the separate “Underage Driving While Impaired” statute, T.C.A. § 55-10-415(c) (zero-tolerance law).

  
  

3. Penalties under T.C.A. § 55-10-402

The statute sets mandatory minimum jail terms that cannot be suspended or served on probation. Fines, license revocation, ignition-interlock, treatment, and court costs are added on top.

Offense level	Minimum jail	Maximum jail or prison	Statute citation
1st	48 hrs (7 days if BAC ≥ 0.15)	11 months 29 days	§ 55-10-402(a)(1)
2nd	45 days	1 months 29 days	§ 55-10-402(a)(2)(A)
3rd	120 days	1 months 29 days	§ 55-10-402(a)(3)(A)
4th (Class E felony)	150 days	1–6 years	§ 55-10-402(a)(4)
5th (Class D felony)	150 days	2–12 years	§ 55-10-402(a)(5)(A)
6th+ (Class C felony)	150 days	3–15 years MANDATORY 100%	§ 55-10-402(a)(6)(A)

If a child under 18 is in the vehicle, there is a mandatory 30-day enhancement, with even higher felony grades if the child is hurt or killed § 55-10-402(b)(1)–(3).

4. Fact-based defenses Tennessee courts recognize-

Tennessee places the burden on the prosecution to prove every element beyond a reasonable doubt. The following defenses focus on facts a jury can see or hear, not technicalities:

Defense theory	Key facts that matter	Authority
No actual physical control	Vehicle off the roadway; engine off; keys out of reach; driver in a non-driver seat	State v. Lawrence, 849 S.W.2d 761 (Tenn. 1993)
Improper stop / no probable cause for arrest	Officer lacked a specific, articulable traffic or equipment violation	Fourth Amendment & Tennessee caselaw (e.g., State v. Smith, 484 S.W.3d 393)
Rising BAC	Defendant drank shortly before driving; test taken long after stop shows higher BAC than at driving time	Expert testimony permitted under Rule 702
Faulty chemical test	Breath-test device out of certification or blood sample mishandled	TBI regulations; lab-chain-of-custody rules

-Each defense turns on what actually happened—where you were, what you were doing, how the test was run, and whether police followed procedure. Identifying favorable facts early lets defense counsel move to suppress evidence or persuade a jury.

FAQs

Q1: Can I refuse a breath or blood test? Tennessee’s implied-consent law (T.C.A. § 55-10-406) makes refusal a civil offense that revokes your license for 1 year on a first refusal; the officer must read you the consequences first. You may also have this brought up in a trial.

Q2: Will I get a restricted license after a first DUI? Most first-time offenders can apply for a restricted license with ignition-interlock after the mandatory revocation period, provided all fees are paid and an SR-22 is filed.

Q3: How long does a DUI stay on my record? A DUI conviction under § 55-10-401 is permanent; Tennessee does not allow expungement of DUI convictions, and the look-back period for enhanced penalties is lifetime under § 55-10-405.

This post is for general information only and does not constitute legal advice. Reading it does not create an attorney–client relationship. Every case is unique; consult an attorney about your specific situation.