Understanding DWI/DUI Penalties

State Of Tennessee DWI/DUI Penalties As Of July 1, 2003

First Offense DWI/DUI within 10 YearsSecond Offense DWI/DUI within 10 YearsThird Offense DWI/DUI within 10 YearsFourth Offense DWI/DUI within 10 Years
Offense classClass A MisdemeanorClass A MisdemeanorClass A MisdemeanorClass E Felony
Minimum jail time48 hrs unless BAC .20 percent or greater, then seven days45 days day-for-day at 100 percent120 days day-for-day at 100 percent150 days day-for-day at 100 percent
Maximum jail time11 months-29 days11 months-29 days11 months-29 daysSix years
Fine- Min/max$450-$1,500$700-$3,500$1,200-$10,000$3,100-$15,000
License revocation periodOne yearTwo yearsThree to 10 yearsFive years
Restricted licenseYesYes * 4NoNo
Presumptive blood alcohol level.08 percent.08 percent.08 percent.08 percent
Probation period11 months, 29 days11 months, 29 days11 months, 29 daysOne to Six yrs
Alcohol school or alcohol assessment / treatmentSchoolAssessment/ TreatmentAssessment/ TreatmentAssessment/Treatment
Vehicle subject to seizure upon arrestNoYes * 2Yes * 2Yes * 2
Jail credit for inpatient treatmentNoneUp to 28 daysNoneNone

NOTES:

  1. For enhancement purposes, the time period could be greater than 10 years but in no event greater than 20 years. Out-of-state convictions may be used to enhance.
  2. Vehicles used in commission of a subsequent DWI/DUI violation are subject to seizure upon arrest, but the triggering first-offense conviction must have occurred on or after Jan.1, 1997, and the second or subsequent arrest within five years of the triggering conviction.
  3. For the felony provisions to apply, at least one violation must have occurred after July 1, 1998.
  4. A restricted license may be obtained after one year of the two-year revocation period. However, SR-22 insurance and an ignition interlock device must be obtained.