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Tennessee driving lesson · Alcohol, Drugs & DUI

DUI penalties

A 3-minute lesson from the Tennessee course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
Alcohol, Drugs & DUI
Checkpoint questions
6
Source pages
95, 96

A DUI arrest brings penalties that pile up fast: jail, fines, losing your license, an ignition interlock, and sometimes losing your car. The penalties grow sharply with each offense, and a child in the car adds more.

DUI penalties by offense

DUI penalties by offense
OffenseMinimum jailFineLicense loss
1st48 hours (7 days if BAC 0.20%+)$350–$1,5001 year
2nd45 days$600–$3,5002 years
3rd120 days$1,100–$10,0003–10 years
4th (Class E felony)150 days$3,000–$15,0005 years
Handbook p. 96 ↗

Know the rule

Maximum jail for a 2nd or 3rd DUI is 11 months, 29 days. From the 2nd offense on, your vehicle is subject to seizure and forfeiture.

Handbook p. 96 ↗

Penalties that apply to ANY DUI conviction

  • A photo ID issued while revoked is marked 'DUI Offender'
  • Litter pickup: three eight-hour shifts wearing 'I am a DRUNK DRIVER'
  • Your car can be seized if you drive on a license revoked for DUI
  • A crash that kills someone: vehicular homicide charges
  • A crash that injures someone: aggravated assault charges
Handbook p. 95 ↗

Know the rule

Child endangerment: a DUI with a child under 18 in the car adds a mandatory minimum 30 days in jail and $1,000 fine. If the child is seriously injured it's a Class D felony; if the child dies, a Class C felony.

Handbook p. 96 ↗

The judge will also require:

  • Drug and alcohol treatment assessment if you had a DUI in the prior five years
  • An alcohol safety DUI school, if available
  • A rehabilitation program for second and later convictions
  • Restitution to anyone injured or harmed, if you can pay
Handbook p. 96 ↗

Know the rule

Your vehicle will be seized if you have two DUI convictions within five years, both after January 1997.

Handbook p. 96 ↗

Ignition interlock restriction

Ignition interlock restriction
OffenseInterlock can be required for
1stSix months to one year
2ndUp to three years
3rd and laterUp to 10 years
Handbook p. 96 ↗

Ignition interlock device

A device that keeps the car from starting if the driver's BAC is too high.

Handbook p. 96 ↗

Know the rule

Anyone with 2 DUIs in five years MUST drive with an ignition interlock for six months after getting driving privileges back.

Handbook p. 96 ↗

Know the rule

Beyond fines, a DUI means bond, attorney fees, lost work, alcohol classes and treatment, and higher insurance — adding up to several thousand dollars.

Handbook p. 96 ↗

Put it into practice

A driver convicted of a first DUI with a 0.22% BAC faces at least 7 days in jail (not 48 hours), a fine of $350 to $1,500, a one-year license loss, three litter-pickup shifts, and possibly an interlock for six months to a year.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

A DUI conviction that involves a child under 18 in the vehicle can add a mandatory minimum penalty of:
  1. 30 days jail and a $1,000 fine
  2. 48 hours jail and a $350 fine
  3. 7 days jail and a $500 fine
  4. 10 days jail and a $2,500 fine

Answer: 30 days jail and a $1,000 fine

Under the Drunk Driving Child Protection Act, a DUI with a child passenger adds a mandatory minimum 30-day jail sentence and $1,000 fine.

Handbook p. 96 ↗
After a first DUI conviction, an ignition interlock device restriction can be required for:
  1. 30 days
  2. Six months to one year
  3. Up to three years
  4. There is no interlock requirement for a first offense

Answer: Six months to one year

The ignition interlock restriction can range from six months to one year for a first DUI offense.

Handbook p. 96 ↗
For a third or subsequent DUI conviction, the ignition interlock device restriction can last up to:
  1. 1 year
  2. 3 years
  3. 10 years
  4. 6 months

Answer: 10 years

Third and subsequent DUI offenses can carry an ignition interlock restriction of up to 10 years.

Handbook p. 96 ↗
A DUI conviction requires litter pick-up as a condition of probation. Offenders must wear clothing that says:
  1. 'I am a DRUNK DRIVER'
  2. 'Community Service'
  3. 'First Time Offender'
  4. No special clothing is required

Answer: 'I am a DRUNK DRIVER'

As part of probation, DUI offenders performing litter pick-up must wear a vest or clothing displaying 'I am a DRUNK DRIVER.'

Handbook p. 95 ↗
A driver's vehicle can never be seized as a result of DUI-related offenses in Tennessee.
  1. True
  2. False

Answer: False

A vehicle can be seized for driving on a revoked license due to a DUI conviction, or after two DUI convictions within five years.

Handbook p. 96 ↗
What is the minimum jail time for a first DUI conviction in Tennessee when the driver's BAC was under .20%?
  1. 48 hours
  2. 7 days
  3. 45 days
  4. 24 hours

Answer: 48 hours

A first DUI carries at least 48 hours in jail, or 7 days if the BAC was 0.20% or more.

Handbook p. 96 ↗
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