State Of Tennessee DWI/DUI Penalties As Of July 1, 2003
|First Offense DWI/DUI within 10 Years||Second Offense DWI/DUI within 10 Years||Third Offense DWI/DUI within 10 Years||Fourth Offense DWI/DUI within 10 Years|
|Offense class||Class A Misdemeanor||Class A Misdemeanor||Class A Misdemeanor||Class E Felony|
|Minimum jail time||48 hrs unless BAC .20 percent or greater, then seven days||45 days day-for-day at 100 percent||120 days day-for-day at 100 percent||150 days day-for-day at 100 percent|
|Maximum jail time||11 months-29 days||11 months-29 days||11 months-29 days||Six years|
|License revocation period||One year||Two years||Three to 10 years||Five years|
|Restricted license||Yes||Yes * 4||No||No|
|Presumptive blood alcohol level||.08 percent||.08 percent||.08 percent||.08 percent|
|Probation period||11 months, 29 days||11 months, 29 days||11 months, 29 days||One to Six yrs|
|Alcohol school or alcohol assessment / treatment||School||Assessment/ Treatment||Assessment/ Treatment||Assessment/Treatment|
|Vehicle subject to seizure upon arrest||No||Yes * 2||Yes * 2||Yes * 2|
|Jail credit for inpatient treatment||None||Up to 28 days||None||None|
- 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.
- 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.
- For the felony provisions to apply, at least one violation must have occurred after July 1, 1998.
- 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.