Tennessee DUI/DWI Laws: Penalties, Court Process, and Records

Driving under the influence (DUI) and driving while intoxicated (DWI) are crimes across the U.S., but states vary in terminology and penalties. In Tennessee, the official legal term is DUI (Driving Under the Influence), though DWI is used occasionally.

Tennessee enforces some of the toughest impaired driving laws in the South, with mandatory jail terms, extended license suspension periods, and very harsh consequences for repeat or aggravated offenses.

What Is a DUI in Tennessee?

Under Tenn. Code Ann. §55-10-401, DUI occurs when a person operates or is in physical control of a vehicle while impaired by alcohol, drugs, or both.

The legal thresholds for drivers in Tennessee include:

• A BAC reading below 0.08% for drivers aged 21 and older
• A stricter limit of 0.04% BAC for commercial drivers
• Minors or drivers under the age of 21 face penalties for having a BAC level of 0.02%.This is due to the zero-tolerance law in place

A driver may also be charged if impaired by illegal drugs, prescription medications, or intoxicants. This is possible even if they do not exceed the BAC limit.

DUI Penalties in Tennessee

Tennessee applies a 10-year look-back period for repeat DUI offenses, and penalties escalate with each violation. Also, the state mandates jail time even for first-time offenders.

• First DUI Offense (Misdemeanor):
  • The court may sentence offenders to a jail term of 48 hours or a maximum sentence of 11 months and 29 days (minimum 7 days if BAC ≥0.20%)
  • A fine ranging from $350 to $1,500 may be imposed on a first-time offender
  • Anyone guilty of a first-time DUI offense may have their license revoked for 1 year
  • As part of their sentencing, an offender may be required to undergo a mandatory alcohol or drug treatment program at the discretion of the judge
  • An IID may be required for a restricted license, depending on the circumstances
• Second DUI Offense (within 10 years, Misdemeanor):
  • A person may be sentenced to a minimum jail term of 45 days and at most 11 months and 29 days
  • A second DUI offense attracts a fine ranging from $600 to $3,500
  • This is punishable by revoking the offender's driving license for 2 years
  • Upon reinstatement, the use of an ignition interlock device is mandatory
  • The court may order the seizure of the offender's vehicle
• Third DUI Offense (Misdemeanor):
  • It carries a mandatory jail term of at least 120 days and a maximum duration of 11 months and 29 days
  • Fines for a third DUI conviction range from $1,100 to $10,000
  • The court may issue an order revoking a person's license for 6 years
  • To regain driving privileges, the individual is required to install an IID device in their vehicle. This serves as a breathalyzer.
• Fourth or Subsequent DUI (Felony):
  • This is regarded as a Class E felony
  • Punishments for fourth and subsequent DUIs range between 1 and 6 years in prison
  • In general, a fine is imposed on the offender, which is up to $15,000
  • The judge may order the revocation of the driving license for 8 years
  • Before an offender regains driving privileges, they are required to install an IID to monitor drug and alcohol impairment

Aggravated DUI: This is a crime that causes injury or death. It also involves driving with minors under the influence of alcohol or drugs. Due to these factors, DUIs may result in harsh felony-related charges and longer prison terms.

DUI Arrest and Court Process in Tennessee

In Tennessee, DUI cases involve both administrative and criminal processes:

1. Traffic Stop and Arrest – Officers may conduct field sobriety and chemical tests. A refusal may result in immediate license revocation under Tennessee’s implied consent law.
2. Booking and Charges—The accused’s photograph and fingerprints are taken. They are also charged with a DUI offense.
3. Administrative License Revocation (ALR)—The Tennessee Department of Safety and Homeland Security imposes suspensions based on test results or refusals.
4. Arraignment—The defendant is subject to charges in court, and they may enter a plea.
5. Pre-Trial Hearings—The defense team may challenge test results, procedures, or probable cause.
6. Trial—If no plea deal is reached, in general, the case proceeds to trial.
7. Sentencing—Upon conviction, the court may impose penalties that include fines, jail time, license revocation, IID, and treatment programs.

In Tennessee, some counties operate DUI courts offering treatment-focused alternatives for repeat offenders.

How to Search for DUI Records in Tennessee

In Tennessee, DUI records are open for public consumption and may be accessed via several ways:

• Tennessee Public Case History Portal: This platform provides public case information, including DUI charges and dispositions.
• Tennessee Department of Safety & Homeland Security (Driver Services Division): They maintain official driving histories, including DUI convictions, suspensions, and IID requirements. Drivers may request their personal records in person or online from this agency.
• County Clerk of Court Offices: These offices are tasked with providing certified DUI case records and judgments upon request.
• Tennessee Bureau of Investigation (TBI): This organization provides statewide criminal history records, which may be used for authorized purposes.
• Third-Party Background Check Services: These commercial websites ensure that the public has access to criminal records, including DUI information. On the other hand, they may be less reliable compared with official sources.

In most cases, DUI records contain details such as BAC results, conviction status, sentencing, and license restrictions.

How Long Does a DUI Stay on Your Record in Tennessee?

In Tennessee, DUI convictions appear on a person's record for extensive periods:

• Criminal Record: A DUI conviction remains permanent. Tennessee does not allow expungement of DUI convictions, even for first offenses.
• Driving Record: DUI convictions remain on a Tennessee driving record for a lengthy period, and they count toward sentencing enhancements for 10 years.
• Insurance and Employment: A DUI conviction increases insurance rates for 3 to 7 years and may remain visible to employers and licensing boards.

Tennessee enforces some of the strictest DUI penalties in the Southeast, with mandatory jail terms even for first-time offenders and heavy charges for repeat offenses. The state officially uses DUI as its legal term, though DWI is often used in informal situations.

DUI records are accessible through courts and the Tennessee Department of Safety and Homeland Security. While other misdemeanors may be eligible for expungement, DUI convictions remain permanent. For drivers, employers, and researchers, understanding Tennessee’s DUI laws is crucial given their severe and lasting consequences.