Tennessee DUI penalties, first offense through felony
Tennessee sets mandatory minimum jail time for every DUI conviction, along with fines and a court-ordered driving prohibition. This table summarizes the Tennessee Code as of October 2026. Penalties can change.
Last reviewed · Information, not legal advice
The penalties at a glance
Tennessee's DUI law sets minimums the judge cannot go below, and maximums.
| Offense | Jail (Tenn. Code Ann. § 55-10-402) | Fine (§ 55-10-403) | Driving prohibition (§ 55-10-404) |
|---|---|---|---|
| First | 48 consecutive hours to 11 months 29 days; at least 7 consecutive days at 0.15 or more | $350 to $1,500 | 1 year |
| Second | 45 consecutive days to 11 months 29 days | $600 to $3,500 | 2 years |
| Third | 120 consecutive days to 11 months 29 days | $1,100 to $10,000 | 6 years |
| Fourth | Class E felony; at least 150 consecutive days | $3,000 to $15,000 | 8 years |
| Fifth | Class D felony; at least 150 consecutive days | $3,000 to $15,000 | 8 years |
| Sixth or later | Class C felony; at least 150 consecutive days | $3,000 to $15,000 | 8 years |
Prior offenses count when they happened within the look-back period the statute sets, which the court applies to your record. A lawyer can tell you how the law counts any earlier conviction.
Add-ons that raise the penalty
- Child passenger. A DUI with a passenger under 18 adds at least 30 days in jail, served consecutively, and a $1,000 added fine (§§ 55-10-402(c), 55-10-403(b)).
- High alcohol concentration. At 0.15 percent or more, the first-offense minimum rises from 48 hours to 7 consecutive days (§ 55-10-402).
- Refusing a test. A refusal is charged separately and brings its own license revocation of at least one year (§ 55-10-407). See the refusal guide.
When the jail sentence starts
The law says a person sentenced to jail for DUI must begin serving the sentence within 30 days of the conviction, or as soon as space becomes available (§ 55-10-402(f)). Courts can also order treatment and, in some cases, transdermal monitoring or other alcohol monitoring.
The license side
A conviction carries a driving prohibition, and many drivers can ask for a restricted license during it, often with an ignition interlock. See your license after a DUI and the restricted license guide.
Where these cases are heard
For an arrest on the Tennessee side of Bristol, misdemeanor DUI cases start in Sullivan County General Sessions Court. Felony DUI cases go to Criminal Court at the Sullivan County Justice Center in Blountville. See the Sullivan County DUI guide.
Laws, penalties, and deadlines can change. This page is general information, not legal advice, and it cannot predict the outcome of any case.
Who you will deal with
Sullivan County General Sessions Court (Bristol)
Bristol Justice Center, 801 Anderson Street, Bristol, TN 37620
Sullivan County Circuit Court Clerk (Blountville)
Sullivan County Justice Center, 140 Blountville Bypass, Blountville, TN 37617
More offices, with notes, are on the local resources page.
Find local help
Listings come from public records or from the business itself. A listing is not a recommendation.
Common questions
Is a first DUI in Tennessee a misdemeanor?
Yes. First, second, and third DUI offenses are Class A misdemeanors with the minimum jail terms set in Tenn. Code Ann. § 55-10-402. A fourth offense is a Class E felony.
What is the minimum jail time for a first DUI in Tennessee?
48 consecutive hours, or 7 consecutive days if the alcohol concentration was 0.15 percent or more (Tenn. Code Ann. § 55-10-402). Penalties can change.
Does a child in the car change the penalty?
Yes. A DUI with a passenger under 18 adds at least 30 days in jail and a $1,000 fine (Tenn. Code Ann. §§ 55-10-402(c) and 55-10-403(b)).
Sources
Official sources checked on October 28, 2026.
- Tenn. Code Ann. § 55-10-402: DUI jail terms, monitoring, and when a sentence begins
- Tenn. Code Ann. § 55-10-403: DUI fines
- Tenn. Code Ann. § 55-10-404: driving prohibition after a DUI conviction (Tennessee Code, official public access)
- Tenn. Code Ann. § 55-10-407: license revocation for an implied consent violation