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Lesson 17 of 24 · Section B-7: Alcohol, Other Drugs and Driving

DUI law, implied consent and penalties

Driving with a BAC of 0.08 or higher, or while impaired by any intoxicant or drug, is DUI in Tennessee. Refusing a test and each DUI conviction bring jail, fines, revocation and other penalties that grow with each offense.

Topic
Alcohol and DUI
Key points
10
Numbers
8
Manual
Handbook pp. 79 to 82
What you must know

Key points

  1. In Tennessee, a BAC of 0.08 is the level of intoxication that is always illegal.

    Source: Handbook p. 79
    “In most states, including Tennessee, .08 is the level of intoxication which is always illegal.”
    Tennessee Comprehensive Driver License Manual, Handbook p. 79

  2. A driver can register a BAC of 0.00 percent and still be convicted of DUI.

    Source: Handbook p. 81
    “A driver can register a BAC of .00 percent and still be convicted of a DUI.”
    Tennessee Comprehensive Driver License Manual, Handbook p. 81

  3. By driving in Tennessee you consent to be tested for alcohol or drugs when an officer has reasonable grounds.

    Source: Handbook p. 81
    “By law, when you drive in Tennessee, you have given your consent to be tested to determine the alcohol or drug content of your blood.”
    Tennessee Comprehensive Driver License Manual, Handbook p. 81

  4. Refusing the test after arrest will likely bring a 12 month suspension.

    Source: Handbook p. 81
    “and you refuse, it will likely result in the suspension by the court of your driving privileges for twelve (12) months.”
    Tennessee Comprehensive Driver License Manual, Handbook p. 81

  5. The No Refusal law lets officers seek search warrants for blood samples from suspected impaired drivers.

    Source: Handbook p. 81
    “The No Refusal law was passed in 2012 and allows law enforcement officials to seek search warrants for blood samples in cases involving suspected impaired drivers.”
    Tennessee Comprehensive Driver License Manual, Handbook p. 81

  6. A first DUI brings 48 hours in jail (7 days at 0.20% or more), a $350 to $1,500 fine and a 1 year revocation.

    Source: Handbook p. 82
    “1st Conviction 48 hours (7 days if BAC is 0.20% or more) $350-$1500 1 year Does not apply”
    Tennessee Comprehensive Driver License Manual, Handbook p. 82

  7. A second DUI brings at least 45 days in jail, a $600 to $3,500 fine and a 2 year revocation.

    Source: Handbook p. 82
    “2nd Conviction 45 days 11 months, 29 days $600-$3500 2 years”
    Tennessee Comprehensive Driver License Manual, Handbook p. 82

  8. A fourth or later DUI is a Class E felony.

    Source: Handbook p. 82
    “4th or subsequent Conviction (is a Class E felony)”
    Tennessee Comprehensive Driver License Manual, Handbook p. 82

  9. A DUI with a child under 18 in the vehicle adds at least 30 days in jail and a $1,000 fine.

    Source: Handbook p. 82
    “there are added penalties for people who violate DUI laws when accompanied by a child under 18 years old. There is a mandatory minimum jail sentence of 30 days, and a mandatory minimum fine of $1,000.”
    Tennessee Comprehensive Driver License Manual, Handbook p. 82

  10. Every DUI conviction requires 3 eight hour shifts of litter pickup while wearing an I am a DRUNK DRIVER vest.

    Source: Handbook p. 81
    “A DUI conviction also requires as a condition of probation, litter pick-up for three eight-hour shifts. While removing litter, the offender has to wear a vest or other clothing displaying the message, “I am a DRUNK DRIVER.””
    Tennessee Comprehensive Driver License Manual, Handbook p. 81
Exact figures

Numbers to know

NumberWhat it meansManual
0.08BAC that is always illegalHandbook p. 79
0.00BAC at which a DUI conviction is still possibleHandbook p. 81
12 monthssuspension for refusing a testHandbook p. 81
48 hours, 7 days at 0.20%minimum jail for a first DUIHandbook p. 82
$350 to $1,500, 1 yearfine and revocation for a first DUIHandbook p. 82
45 days, $600 to $3,500, 2 yearsminimum jail, fine and revocation for a second DUIHandbook p. 82
30 days and $1,000, child under 18added minimum jail and fine with a child in the vehicleHandbook p. 82
3 eight hour shiftslitter pickup required after a DUIHandbook p. 81
Check yourself

3 questions from the Tennessee practice test

  1. 1. For a driver age 21 or older operating a noncommercial vehicle in Tennessee, what is the lowest BAC covered by the general alcohol per se threshold?

    1. 0.10 percent or higher
    2. 0.02 percent or higher
    3. 0.05 percent or higher
    4. 0.08 percent or higher
    Show answer

    0.08 percent or higher. Tennessee identifies an alcohol concentration of .08 percent or higher in an operator's blood or breath as unlawful for the general DUI rule. The lower .02 figure belongs to the separate underage driving while impaired provision for qualifying drivers under 21. The .05 and .10 choices do not match the threshold stated here. Do not use a personal feeling of sobriety to estimate legality. Alcohol can impair judgment before the listed threshold, and any observed impairment can still create serious legal and safety consequences.

  2. 2. What does Tennessee's Implied Consent Law require when an officer asks for an alcohol or drug test?

    1. The driver must submit to a vehicle inspection every month
    2. The driver automatically admits guilt to DUI
    3. The driver gives permission for a random home search
    4. The driver will take a test to determine alcohol or drug content in the blood
    Show answer

    The driver will take a test to determine alcohol or drug content in the blood. Implied consent means that driving carries an agreement to take a test when asked to determine alcohol or drug content in the blood. It is not a monthly vehicle-inspection program, an automatic admission of DUI guilt, or permission for a home search. The testing obligation and the separate question of whether impairment or an unlawful concentration is proved should not be confused. When stopped in a DUI investigation, the key cue is that refusal is not consequence-free simply because the driver did not sign a new agreement at the roadside.

  3. 3. What license revocation period applies to a first DUI conviction in Tennessee?

    1. 6 months
    2. 1 year
    3. 2 years
    4. 6 years
    Show answer

    1 year. The Tennessee Department of Safety lists a one-year license revocation, 365 days, for a first DUI. A second DUI brings a two-year revocation, a third brings six years, and a fourth or later brings eight years. Six months is not a listed DUI revocation period. Older printed charts that show three to ten years for a third offense no longer match the Department's current schedule. Keep revocation separate from jail time, fines, and the ignition interlock requirement, which runs at least 365 days for a driver who wants a restricted license.

Next step

Practice this topic

Lock it in with alcohol and dui questions from the free Tennessee practice test. Every answer comes with a plain English explanation.

Practice this topicAll 24 lessons

Source: the Tennessee Comprehensive Driver License Manual, Section B-7: Alcohol, Other Drugs and Driving. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.

Reviewed by , CA DOI #4037122 · Last updated 2026-09-27