More Info
Tennessee DUI Information
"Per Se" BAC Level: 0.8"Zero Tolerance" BAC Level: 0.2
Enhanced Penalty BAC Level:.20
"Implied Consent" Law: yes
Administrative License Suspension/Revocation (1st/2nd/3rd Offense) :1y/ 2y/ 3y
Mandatory Alcohol Education and Treatment/Assessment: Both - in limited circumstances
Vehicle Confiscation Possible?: 2nd offense
Ignition Interlock Device Possible?: Yes
Tennessee DUI law requires the government to prove beyond a reasonable doubt that the person was (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any other premises generally frequented by the public while (4) under the influence of alcohol or drugs, or with a blood alcohol content of .08% or higher.
Tennessee DUI law defines a person as being legally under the influence "per se" if their blood alcohol level is .08% or higher. This is true even if there is no evidence that the person's ability to drive is actually impaired.
Tennessee DUI law is such that a person can also be convicted of DUI for operating a vehicle while under the influence of a narcotic, even if a physician prescribed it.
Upon conviction for First Offense DUI in Tennessee, a person is subject to a maximum sentence of 11 months, 29 days, with a minimum of 48 hours in jail, or a minimum of 7 days in jail if, at the time of the offense, the defendant's blood alcohol level was .20% or higher.
Tennessee DUI laws also require a minimum $350.00 fine and court costs; the loss of driver's license for a period of one year; and enrollment in a court approved DUI education course. Attendance at AA meetings may also be required. License revocation for one year is also required when a defendant is found to have refused to submit to a chemical test (blood, breath, or urine) after being lawfully requested to do so. This may apply even where the defendant is not convicted of DUI.
Penalties for a second or subsequent conviction of DUI increase dramatically. On a second or subsequent offense, the vehicle used in the offense is subject to forfeiture. A fourth or subsequent conviction of DUI is classified as a Felony.
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