Is a DUI a Felony or Misdemeanor in Tennessee?

If you or a loved one has been arrested for DUI in Tennessee, one of the first questions you face is whether the charge is classified as a felony or misdemeanor, a distinction that dramatically affects your future. At OEB Law, our attorneys know that understanding whether a DUI charge will be prosecuted as a misdemeanor or felony depends on several factors, including the number of prior offenses and whether anyone was injured. In Knoxville and throughout East Tennessee, this classification determines everything from the court where a case is heard to the maximum penalties a defendant faces. In this blog post, Knoxville attorney Tim Elrod discusses whether a DUI is classified as a felony or misdemeanor in Tennessee and the factors that determine this critical status.

Key Takeaways

• First, second, and third DUI offenses in Tennessee are classified as Class A misdemeanors, carrying maximum jail sentences of 11 months and 29 days.
• A fourth or subsequent DUI offense is automatically classified as a Class E felony, punishable by 1-6 years in state prison.
• Aggravating factors such as causing serious bodily injury, death, or having a child in the vehicle can elevate DUI charges.
• Tennessee operates on a lifetime “look-back period,” meaning all prior DUI convictions count toward felony enhancement regardless of how many years have passed.

In Tennessee, a first-offense DUI is classified as a Class A misdemeanor, as are second and third offenses within a lifetime. A fourth or subsequent DUI offense, however, is classified as a Class E felony, carrying significantly harsher penalties including state prison time and permanent felony conviction status. Additionally, a DUI involving serious bodily injury or death can be charged as a felony regardless of prior offense history.

To Discuss Your Case, Call or Text Our Team Standing By 24/7: (865) 546-1111

About OEB Law, Your Knoxville Legal Team

This guide is provided by the experienced attorneys at OEB Law, led by Managing Attorney Timothy G. Elrod. Founded in Knoxville in 2004, our firm has over 50 years of combined experience navigating East Tennessee’s legal system.

We have successfully represented thousands of personal injury clients, developing deep expertise in Tennessee’s complex wrongful death and accident laws. As East Tennessee natives, we have a direct understanding of the local court systems, law enforcement agencies, and community needs. Our commitment is to provide trusted, authoritative information to our neighbors in Knoxville and the surrounding Tennessee communities. However, this information does not constitute legal advice. If you or a loved one has been injured in an accident or needs legal help, call us today for a free, no obligation, initial consultation.

Understanding Tennessee’s DUI Classification System

Tennessee law classifies most crimes as either a misdemeanor or a felony, and the distinction is crucial. A misdemeanor is a less serious offense, typically punishable by up to 11 months and 29 days in a county jail. In contrast, a felony is a serious crime with potential punishment of one year or more in a state prison. Additionally, a felony conviction carries severe long-term consequences, including the loss of voting rights and the right to own a firearm.

Under Tennessee Code Annotated § 55-10-401, the classification of a DUI charge hinges primarily on the defendant’s prior history. The state uses a lifetime “look-back” period, meaning any prior DUI conviction, no matter how old, counts toward escalating the penalties for a new charge. This is a critical factor that many people misunderstand, as some states only look back a certain number of years.

First-Offense DUI in Tennessee: A Class A Misdemeanor

A first-time DUI charge in Tennessee is a Class A misdemeanor, provided there are no aggravating factors like a serious accident. While it is not a felony, the penalties are still severe and include mandatory jail time. Many defendants are surprised to learn that even a first offense carries significant consequences that can disrupt their life, employment, and finances.

The penalties for a first-offense DUI conviction in Tennessee are established by statute and include:

• Jail Time: A mandatory minimum of 48 hours in jail. This can be extended up to 11 months and 29 days. If the blood alcohol concentration (BAC) was .20% or higher, the mandatory minimum jail time increases to 7 consecutive days.
• Fines: A fine ranging from $350 to $1,500, plus court costs.
• License Revocation: The defendant’s driver’s license is revoked for one full year.
• Ignition Interlock Device (IID): An IID must be installed in the person’s vehicle at their own expense after the license is reinstated.
• DUI School: Mandatory attendance and completion of an alcohol and drug treatment program.

“Many first-time DUI defendants mistakenly believe a misdemeanor charge is ‘not serious.’ However, even a first-offense misdemeanor DUI in Tennessee carries mandatory jail time, substantial fines, and a one-year license revocation that can devastate employment and family responsibilities.” – Knoxville attorney Tim Elrod

Second and Third DUI Offenses: Enhanced Misdemeanors

While second and third DUIs remain Class A misdemeanors, the penalties increase dramatically with each subsequent conviction. The state’s goal is to deter repeat offenses by imposing much harsher mandatory minimum sentences and longer license revocations. These charges signal to the court a pattern of behavior that requires more significant intervention.

A second DUI conviction carries a mandatory minimum of 45 days in jail, with fines ranging from $600 to $3,500. The license revocation period extends to two years, and the vehicle may be seized. For a third DUI conviction, the consequences become even more life-altering. The mandatory minimum jail sentence jumps to 120 days. Fines increase to a range of $1,100 to $10,000, and the license revocation period is a minimum of six years.

Fourth DUI Offense: When a DUI Becomes a Felony

The line between misdemeanor and felony is crossed at the fourth DUI offense. A fourth or subsequent DUI in a person’s lifetime is automatically charged as a Class E felony in Tennessee. This is the most serious classification for a standard DUI and carries consequences that extend far beyond jail time and fines. A felony conviction creates a permanent criminal record that can impact a person for the rest of their life.

The penalties for a felony DUI conviction include:

• Prison Time: A minimum of 150 consecutive days to serve, with a potential sentence of one to six years in state prison.
• Fines: A fine ranging from $3,000 to $15,000.
• License Revocation: A minimum of eight years.
• Vehicle Seizure: The defendant’s vehicle is subject to seizure and forfeiture.
• Lifelong Consequences: As a convicted felon, the individual loses the right to vote, own or possess a firearm, and may face significant challenges in finding employment or housing.

“A felony DUI conviction in Tennessee is not just about jail time. It’s a permanent felony record that follows defendants for life, affecting employment, housing, professional licenses, and even the right to vote. Understanding this distinction before accepting a plea deal is critical.” – Tim Elrod

Aggravating Factors That Can Elevate a DUI to a Felony

Even a first-time DUI can be charged as a felony if certain aggravating circumstances are present. These situations involve harm to another person or an elevated level of endangerment, which the law treats much more severely. An experienced criminal defense attorney can help navigate these complex charges.

The most common aggravating factors that result in felony charges include:

• Vehicular Assault: If a DUI driver causes an accident that results in the serious bodily injury of another person, they can be charged with vehicular assault, a Class D felony.
• Vehicular Homicide: If a DUI driver causes a fatal accident, the charge becomes vehicular homicide. This is a Class B felony, carrying a potential prison sentence of 8 to 30 years.
• Child Endangerment: While not a felony on its own, driving under the influence with a passenger under the age of 18 in the vehicle carries a mandatory minimum 30-day jail sentence and a minimum $1,000 fine in addition to other DUI penalties.

Why Choose OEB Law for Your DUI Defense

Facing a DUI charge in Tennessee, whether a misdemeanor or a felony, requires skilled legal representation to protect your rights and future. The top attorneys in Knoxville at OEB Law have extensive experience defending clients against DUI charges across East Tennessee. Our Knoxville attorneys understand the nuances of prosecutorial strategies in Knox County and the surrounding areas. We meticulously examine every piece of evidence, from the initial traffic stop to the administration of sobriety and chemical tests, to build the strongest possible defense.

Our legal team, led by Tim Elrod, is committed to helping clients navigate the complexities of the criminal justice system. We work to minimize the impact of a DUI charge, seeking outcomes like reduced charges, dismissals, or enrollment in diversionary programs where possible. We believe that a mistake should not define the rest of your life.

Who is OEB Law and Why Are They Good for the Community?

Led by Managing Attorney Timothy G. Elrod and Our Experienced Legal Team

Founded in 2004 in Knoxville, Tennessee, OEB Law has grown over nearly two decades to now serve clients across multiple states. Tim Elrod established the firm with a simple but powerful mission: we care and we help people. Today, together with our experienced attorneys, our team brings over 50 years of combined experience representing clients throughout Tennessee and Kentucky in personal injury and criminal defense cases.

Our Legal Expertise

Our attorneys have built their reputation through:

• Successfully representing thousands of personal injury and criminal defense clients
• Developing specialized knowledge across all types of accident and injury cases
• Mastering the complexities of Tennessee’s legal system through decades of practice

Why Trust Us

At OEB Law, our reputation speaks for itself:

• Proven Results: We’ve recovered significant compensation for our clients through both settlements and courtroom verdicts
• Client Satisfaction: Our numerous 5 Star Google Reviews showcase our commitment to responsive, caring, and effective legal representation
• Local Knowledge: As East Tennessee natives, we understand our community and care deeply about the people we serve
• Personalized Approach: We personalize each case to meet our clients’ specific needs, ensuring you’re never just another file number

Community Commitment

Our dedication extends beyond the courtroom. We proudly support:

• Local high school football programs through Rivalry Thursday sponsorships
• The Knoxville Ice Bears and community fundraising initiatives
• Numerous youth, student, and community organizations throughout East Tennessee

As Tim Elrod says, “We don’t just take—we give back because the people you’re giving back to are the people who are supporting your firm.“

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Get In Touch

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FAQ:

Can a misdemeanor DUI be expunged in Tennessee?

In Tennessee, a first-offense DUI conviction is generally not eligible for expungement, even though it is a misdemeanor. A conviction remains on your criminal record permanently. However, if your DUI charge was dismissed, or if you were found not guilty at trial, you can have the record of the arrest and charge expunged. This is a critical distinction, as only non-convictions are eligible for expungement in DUI cases.