DUI defense attorney

When Is DUI a Felony in Tennessee?

Published On - May 1, 2025

Stan Bennett DUI

Being charged with driving under the influence (DUI) in Tennessee is always something that should be taken seriously because even a first-time conviction can carry steep fines, license suspension, jail time, and long-lasting non-judicial ramifications. In most cases, however, a first or second DUI is prosecuted as a misdemeanor, but there are circumstances under which a DUI becomes a felony under Tennessee law. To ensure that you understand where you stand as a defendant in a DUI prosecution, a Murfreesboro DUI defense attorney at Bennett | Michael | Hornsby explains the circumstances under which a DUI can be charged as a felony in Tennessee.

Understanding Basic DUI Laws in Tennessee

Tennessee Code 55-10-401 governs driving under the influence in Tennessee, making it illegal to “drive or to be in physical control of any automobile or otherDUI defense attorney motor driven vehicle on any of the public roads and highways of the state…” while either of the following apply: 

  • Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system.
  • The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08 %) or more.

As a general rule, DUI is charged as a misdemeanor in Tennessee for the first, second, or third offense; however, the potential penalties, including jail time, fines, and license revocation, increase significantly for a second or third DUI. 

Circumstances under Which DUI Can Be Charged as a Felony in Tennessee

While driving under the influence is usually charged as a misdemeanor in Tennessee, there are several circumstances under Tennessee law which you may be charged with a felony for DUI, including:

  • Fourth Offense: If you have three previous DUI convictions, a fourth offense can be charged as a felony, even if no one was injured and no property was damaged. Charged as a Class E felony, the potential penalties for a fourth DUI conviction in Tennessee include:
    • 1 year of jail time with a minimum of 150 consecutive days served
    • $3,000 to $15,000 mandatory fine
    • License revocation for up to eight years
    • Subject to vehicle seizure/forfeiture
    • Alcohol and drug treatment program
    • Ignition Interlock Device installed on your vehicle
  • Fifth or Sixth Offense: A fifth DUI offense can be charged as a Class D felony while a sixth offense can be a Class C felony in Tennessee. Along with increased fines and a lengthier license revocation, you can face up to five years in jail for repeated DUI convictions.
  • DUI Involving Serious Injury: Even a first-time DUI can be elevated to a felony if it results in serious injury or death. If you are arrested for driving under the influence that resulted in serious bodily injury to another person you can be charged with vehicular assault, a Class D felony. If convicted, your sentence may include two to 12 years in prison and a license revocation of up to five years without eligibility for a restricted driver’s license. You may also be charged with Aggravated Vehicular Assault as a Class C felony if you have two or more prior DUI convictions or one prior vehicular assault conviction.
  • DUI Involving Death: When DUI results in the death of another person, the driver may be charged with vehicular homicide, a Class B felony punishable by eight to thirty years in prison. If you have two or more prior DUI convictions, vehicular assault convictions, or any a combination the two OR you have a prior conviction for vehicular homicide you could be charged with aggravated vehicular homicide. You could also be charged with aggravated vehicular homicide if you had a BAC of .20 or greater at the time of the current offense and you have one prior DUI or vehicular assault conviction. A conviction for Aggravated Vehicular Homicide carries a sentence of 15 to 60 years in prison.
  • Child Endangerment DUI: Driving under the influence with a child passenger can also result in felony charges under certain conditions. If a child under the age of 18 suffers serious injury because of the DUI, the offense is charged as a Class D felony, punishable by two to 12 years in prison. If the child dies, the charge becomes a Class B felony, punishable by eight to 30 years in prison.

Contact a Murfreesboro DUI Defense Attorney 

If you have been charged with driving under the influence (DUI) in Tennessee, consult with an experienced Murfreesboro DUI defense attorney at Bennett | Michael | Hornsby as soon as possible to discuss your legal options. Contact the team today by calling 615-898-1560 to schedule your free appointment.

 

Stan Bennett
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