TN DUI FAQs

Frequently Asked Questions | DUI in TN

Being charged with driving under the influence (DUI) in Tennessee can be confusing and should not be taken lightly. You're bound to have tons of questions, especially if it's your first DUI offense.

This FAQ is designed to address most of the TN DUI questions we're asked including penalties, what to expect, and what to do if you're facing DUI charges in TN.
Facing DUI Charges? Click Here to Speak to a Murfreesboro DUI Attorney at Slager Law Firm .

TN DUI Questions and Answers

  • Is a DUI a criminal offense in TN?

    Yes, a DUI is a criminal offense in Tennessee and can result in fines, license suspension, and even jail time.

  • Is DUI a felony in TN?

    A DUI is not automatically a felony in Tennessee. Whether a DUI is a misdemeanor or a felony in TN depends on the circumstances of the offense, such as prior DUI convictions, the driver's blood alcohol concentration (BAC), and whether anyone was injured or killed in the DUI incident.

  • Is a DUI a misdemeanor in TN?

    A DUI is generally classified as a misdemeanor offense in Tennessee, but it can be elevated to a felony offense under certain circumstances.

  • Is a first DUI a felony in TN?

    A first DUI offense in Tennessee is typically a misdemeanor, not a felony.

  • Is first offense DUI in TN a misdemeanor?

    Yes, a first offense DUI in Tennessee is generally classified as a misdemeanor offense.

  • What is penalty for first DUI in TN?

    A first-time DUI conviction in Tennessee carries a mandatory minimum sentence of 48 hours in jail, fines, and license suspension.

  • How much jail time for 1st DUI in TN?

    A first-time DUI conviction in Tennessee carries a mandatory minimum sentence of 48 hours in jail, up to a maximum of 11 months and 29 days in jail.

  • What's the punishment for first federal DUI offense in TN?

    The punishment for a first federal DUI offense in Tennessee depends on the circumstances of the offense and the applicable federal law. Federal DUI offenses may carry more severe penalties than state DUI offenses, including longer jail sentences and larger fines.

  • Is DUI an automatic jail time in TN?

    No, a DUI does not carry an automatic jail sentence in Tennessee. However, a first-time DUI conviction does carry a mandatory minimum sentence of 48 hours in jail.

  • Can a DUI be expunged in TN?

    In Tennessee, it is possible to have a DUI conviction expunged, but only under certain circumstances. Generally, a first-time DUI conviction may be expunged after a waiting period of at least five years, provided the offender has completed all court-ordered requirements and has no other criminal convictions.

  • Can a underage DUI in TN be expunged?

    Yes, a first-time underage DUI conviction in Tennessee may be expunged after a waiting period of at least one year, provided the offender has completed all court-ordered requirements and has no other criminal convictions.

  • Can you buy a gun with a DUI in TN?

    A DUI conviction in Tennessee does not automatically prohibit a person from purchasing a gun. However, federal law prohibits anyone who has been convicted of a felony or a misdemeanor crime of domestic violence from owning or possessing firearms.

  • How long does DUI stay on record in TN?

    A DUI conviction stays on a person's driving record in Tennessee for at least ten years. However, the conviction may remain on a criminal record indefinitely, unless it is expunged.

  • How many points is a DUI in TN?

    In Tennessee, a DUI conviction carries eight points on a person's driving record.

  • Can you take DUI class online in TN?

    Yes, Tennessee offers an online DUI school program called the Alcohol and Drug Awareness Program (ADAP).

  • How much is DUI School in TN?

    The cost of DUI school in Tennessee varies depending on the provider, but it typically ranges from $150 to $350.

  • Can I get ABC card with DUI in TN?

    A DUI conviction in Tennessee does not automatically disqualify a person from obtaining an Alcohol Beverage Commission (ABC) card. However, the decision to grant an ABC card is ultimately up to the discretion of the issuing authority.

  • Can you drive an ambulance in TN with a DUI?

    A person with a DUI conviction in Tennessee may be prohibited from driving an ambulance, as it is considered a commercial vehicle. However, the specific restrictions may vary depending on the circumstances of the conviction.

  • Can you get a DUI on a horse in TN?

    No, you can only be charged with DUI while operating a motor vehicle in TN, not while riding a horse. Other states have provisions for riding animals while intoxicated, however, TN does not.

  • Can you get a DUI on a kayak or canoe in TN?

    Yes, operating a water vessel while intoxicated (Boating Under the Influence) in public waterways in Tennessee is illegal. TN doesn't differentiate between motor or human-powered vessels, like kayaks or canoes, regarding BUI.

  • Can you get a DUI on a moped or scooter in TN?

    Operating any motorized vehicle while intoxicated is illegal in Tennessee, including mopeds and scooters.

  • How many DUIs until vehicle breathalyzer (ignition interlock device) in TN?

    In Tennessee, a person who is convicted of two or more DUI offenses within a five-year period must have an ignition interlock device installed in their vehicle, which requires a breathalyzer test before the vehicle can be started.

  • Is losing my license after a DUI in TN mandatory?

    Yes, losing your license after a DUI in Tennessee is mandatory. Upon conviction, the Tennessee Department of Safety and Homeland Security will suspend the offender's driver's license for a period of time, depending on the circumstances of the offense.

  • How do I get my license back after a DUI in TN?

    To get a driver's license reinstated after a DUI in Tennessee, the offender must complete all court-ordered requirements, pay any fines or fees, and submit proof of completion to the Tennessee Department of Safety and Homeland Security. Additionally, the offender may be required to participate in a drug and alcohol assessment and complete a driver improvement course. Depending on the circumstances of the conviction, the offender may also be required to install an ignition interlock device in their vehicle.

  • What is needed to reinstate license after DUI in TN?

    To reinstate a driver's license after a DUI in Tennessee, the offender must complete all court-ordered requirements, pay any fines or fees, and submit proof of completion to the Tennessee Department of Safety and Homeland Security. Additionally, the offender may be required to participate in a drug and alcohol assessment and complete a driver improvement course.

  • How to get restricted license after DUI in TN?

    To obtain a restricted license after a DUI in Tennessee, the offender must apply for a restricted license and show proof of completion of all court-ordered requirements. A restricted license allows the offender to drive to and from work, school, and court-ordered treatment programs.

  • What happens when you get a 2nd DUI in TN?

    A second DUI conviction in Tennessee carries increased penalties, including a mandatory minimum sentence of 45 days in jail, fines, and license suspension. Additionally, the offender may be required to complete an alcohol and drug treatment program and install an ignition interlock device in their vehicle.

  • Can you refuse a breathalyzer in TN?

    In Tennessee, a driver may refuse a breathalyzer test, but the refusal can result in administrative penalties, such as automatic license suspension and ignition interlock requirements under the Implied Consent Law. Additionally, refusing a breathalyzer test may be used as evidence against the driver in court.

  • Can you get a DUI while parked in TN?

    In Tennessee, a person can be charged with a DUI even if they are not driving a vehicle. If the person is in "physical control" of the vehicle while under the influence of alcohol or drugs, they can be charged with a DUI, regardless of whether the vehicle is parked or not.

  • Can you get a DUI on private property in TN?

    Yes, a person can be charged with a DUI on private property in Tennessee if they are operating a motor vehicle while under the influence of alcohol or drugs. However, the specific circumstances of the offense may impact the charges and penalties.

  • What is the legal limit for BAC in TN?

    The legal limit for blood alcohol concentration (BAC) in Tennessee is 0.08 percent for drivers who are 21 years old or older. However, the limit is lower for drivers under the age of 21 and for commercial drivers.

  • Can a DUI affect employment in TN?

    Yes, a DUI conviction in Tennessee can affect employment opportunities, particularly if the job involves driving or requires a security clearance. Additionally, some employers may have policies against hiring individuals with criminal records, including DUI convictions.

  • Do you lose your license for first DUI in TN?

    Yes, in Tennessee, your license can be suspended for a first DUI offense.

  • Can DUI be reduced to reckless driving in Tennessee?

    It is possible to have a DUI reduced to reckless driving in Tennessee, but it depends on the circumstances of the case.

  • Can you drive after DUI before court date Tennessee?

    If you've been arrested for a DUI in Tennessee, your license may be suspended until your court date unless you request an administrative hearing to challenge the suspension.

  • Does TN report DUI to other states?

    Yes, Tennessee reports DUI convictions to other states as part of the National Driver Register.

  • How do I get my DUI dismissed in TN?

    To get a DUI dismissed in Tennessee, you'll need to work with an experienced attorney who can challenge the evidence against you and negotiate with the prosecution.

  • Can you get out of a DUI in Tennessee?

    It is possible to get out of a DUI in Tennessee with the help of a skilled attorney who can challenge the evidence against you.

  • How do I beat a DUI in Tennessee?

    To beat a DUI in Tennessee, you must work with an experienced DUI attorney who can challenge the evidence against you and build a strong defense.

  • How do I get my unrestricted license after a DUI in Tennessee?

    To get your unrestricted license back after a DUI in Tennessee, you must complete any required alcohol treatment programs and pay any fines and fees associated with your case.

  • How long do most DUI cases take?

    The length of time for a DUI case in Tennessee varies, but most cases can take several months to a year or more.

  • How long does a DUI stay on your background check in TN?

    In Tennessee, a DUI can stay on your background check for up to 10 years.

  • How much does a DUI attorney cost in Tennessee?

    $2,500-$10,000, with most DUI Attorneys charging $300-$500 per hour. The actual cost of a DUI attorney in Tennessee can vary depending on the complexity of your case and the attorney's experience and reputation.

  • How much is your first DUI in Tennessee?

    A first DUI offense in Tennessee costs around $5,000-$10,000 in fines and fees. The total cost of your first DUI could cost up to $20,000-$30,000 if you include increased insurance, job loss, or disqualification, and other potential costs associated with getting a DUI.

  • Is there a statute of limitations on DUI in Tennessee?

    In Tennessee, prosecution for a misdemeanor offense must start within one year after commission of the offense, 2 years for a Class E Felony DUI.

  • What class is a DUI in Tennessee?

    In Tennessee, a DUI is typically considered a Class A misdemeanor. A DUI can become a felony in TN if there are aggravated circumstances like death or injury caused, minor passengers in the vehicle, or if the driver is a repeat DUI offender.

  • What constitutes a DUI in Tennessee?

    In Tennessee, a DUI is defined as operating a motor vehicle with a blood alcohol concentration of .08% or higher for drivers 21 or older, .04% for commercial drivers, and .02% for drivers under 21.

  • What happens if you refuse a breathalyzer in TN?

    If you refuse a breathalyzer in Tennessee, you may have your license revoked for 1-5 years and be required to use an ignition interlock device if convicted of DUI.

  • What is a DUI in Rutherford County?

    A DUI in Rutherford County, Tennessee, is the same as a DUI anywhere else in the state. Operating a motorized vehicle on public roads and waterways while impaired by alcohol or drugs is illegal in the state of Tennessee.

  • What is the difference between a DUI and a DWI in Tennessee?

    In Tennessee, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated/Impaired) refer to the same offense of operating a vehicle under the influence of drugs and alcohol. DUI is more commonly used in Tennessee.

  • Will a DUI show up on a background check Tennessee?

    Yes, a DUI will show up on a background check in Tennessee.

Free Consultation with Murfreesboro DUI Attorneys

Being charged with DUI can raise many questions about it will affect your freedom, your driving privileges, and your wallet. Our Murfreesboro DUI attorneys are here to answer your questions and fight for your rights.


Slager Law Firm offers free legal consultations to anyone charged with DUI or other criminal charges in Murfreesboro and surrounding cities in Rutherford, Wilson, Bedford, and Cannon counties.

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