When the rules get complicated, trust the counsel at Garza Law
By Liza Wells, Andrew Varney & Willow Van Skyhawk | Photography by Nathan Sparks
Appeared in Cityview Magazine, Vol. 41, Issue 6 (Nov/Dec 2025)
Driving Under the Influence (DUI) charges in Tennessee are far more complicated than many realize. These cases sit at the crossroads of criminal law, constitutional rights, and scientific evidence, a combination that creates significant challenges for the accused. Given the potential consequences, including jail time, loss of license, heavy fines, and a permanent criminal record, the stakes couldn’t be higher.
Garza Law offers a powerful combination of in-house expertise and deep regional connections, setting it apart from other firms. The firm employs a team of full-time investigators, including former law enforcement professionals (all of whom are on staff) ensuring consistency, reliability, and a deep understanding of criminal procedures.
The criminal team is run by firm founder, Marcos Garza. The firm prioritizes continued education, sending all 10 of its experienced criminal defense attorneys to specialized and advanced DUI trainings and conferences regularly. With daily work across eastern Tennessee, this team is highly familiar with the courts, judges, and prosecutors in each county. They are not only well-versed in litigation but also have extensive knowledge of constitutional and legal issues specific to DUI cases. Garza Law provides clients with aggressive, informed, and empathetic defense throughout every stage of the case.
DUI Landscape in Tennessee
Tennessee categorizes first, second, and third DUIs as misdemeanors, while fourth and subsequent offenses can be charged as felonies. Repeat offenders face a slightly different setup.
DUIs have a “lookback” period in Tennessee that significantly impacts sentencing for repeat offenders. If a person is charged with a DUI and has a prior DUI conviction within the past 10 years, the new charge will be treated as a second offense, bringing enhanced penalties such as longer mandatory jail time, increased fines, and extended license suspension. In addition, the lookback period can effectively extend to 20 years: if someone was convicted of a DUI that occurred within the last 10 years, the lookback period then extends to another 10 years, not to exceed 20 years. In sum, your past criminal history can enhance the penalties for your current DUI.
With that in mind, here’s a breakdown of what you may face in Tennessee for first, second, and subsequent DUI offenses.
First DUI Offense
Penalties & Jail Time
- A mandatory minimum of 48 hours of jail, up to 11 months, 29 days.
- If the driver’s BAC is 0.15% or more, a minimum of 7 consecutive days in jail is required.
- If a passenger under age 18 was in the vehicle, add 30 days minimum to whatever the base sentence is.
License Revocation
- License revocation for 1 year.
- The offender may be eligible for a restricted license (for work, medical appointments, etc.), depending on the county/judge and compliance with conditions.
- An ignition interlock device (IID) may be required when reinstating driving privileges (or as a condition of a restricted license). An IID can cost at least $1,500 a year to install and maintain. Under some circumstances, a SCRAM alcohol detection device may be ordered to be worn on the citizen’s ankle at a cost of $300/mo. or more.
- If convicted, a citizen will be required to have SR-22 high risk Insurance at an elevated cost. The cost of insurance can at least double in many cases.
Fines & Fees
- Fine: $350 to $1,500
- Beyond the statutory fine, expect additional costs: court costs, license reinstatement fees, towing/impound costs, attorney fees, and possibly insurance increases.
Additional Consequences & Requirements
- Substance abuse evaluation/treatment program may be mandated.
- Restitution may be ordered for property damage or injuries.
- Probation is common. Judges often combine incarceration and probation.
- If you refused a chemical test, additional administrative suspensions or penalties may apply regardless of the DUI result.
Second DUI Offense
Penalties & Jail Time
- A mandatory minimum of 45 days in jail, up to 11 months, 29 days
- As before, if a minor (under 18) was in the vehicle, add 30 days to the mandatory minimum.
- You can receive up to 28 days of inpatient rehab treatment.
Fines & Fees
- Fine: $600 to $3,500
- Additional costs (court, towing, etc.) as with first offense.
License Revocation
- License revocation for 2 years
- Possibility of restricted license in some cases, subject to court approval and compliance with conditions.
- Ignition Interlock Device (IID) requirement upon reinstatement or for restricted driving.
- The offender’s vehicle may be subject to seizure or forfeiture.
Third DUI Offense
Penalties & Jail Time
- A mandatory minimum of 120 days in jail, up to 11 months, 29 days
- If a minor was present, add a mandatory 30 days.
- You can receive up to 55 days of inpatient rehab treatment.
Fines & Fees
- Fine: $1,100 to $10,000
- Again, expect other costs (court, attorney, etc.).
License Revocation
- License revocation for 6 years
- Possibility of restricted license in some cases, subject to court approval and compliance with conditions.
- Ignition Interlock Device required when reinstating, if / when allowed.
- Vehicle forfeiture or seizure may be possible.
Fourth & Subsequent DUI Offenses — Felony Land
Penalties & Jail Time
- 4th Offense – Class E felony, with a mandatory 150 days in jail and up to 6 years in prison.
- 5th Offense: Class D felony (max 12 years)
- 6th and beyond: Class C felony (max 15 years)
Fines & Fees
- Fines: $3,000 to $15,000
- Expect other costs (court, attorney, etc.).
License Revocation
- License revocation for 8 years
- Possible restricted license in some cases, subject to court approval and compliance with conditions.
Facing a DUI charge in Tennessee can feel overwhelming. The laws are strict, the penalties severe, and the consequences life-changing. But you don’t have to face this alone. Marcos Garza was recently voted Top DUI Attorney by Cityview readers, a reflection of the trust the East Tennessee community places in the firm’s dedication and results. He and the entire criminal defense team at Garza Law are deeply committed to protecting the rights and future of every one of their clients.
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