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TCA 55-10-401

Driving under the influence prohibited – Alcohol concentration in blood or breath

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What does this charge mean?

Driving under the influence prohibited – Alcohol concentration in blood or breath.

Penalty Details

ClassificationUnknown
Penalty SummaryClassification not specified
It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park, or apartment house complex, or any other premises that is generally frequented by the public at large, while: (1) Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver‘s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess; Ask a traffic law question, get an answer ASAP!Thousands of highly rated, verified traffic lawyers. Parking violations, accidents, DUI/DWI, licensing, registration, and more Protect your vehicle and your rights with expert legal help now (A) For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Trailer: means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. See Tennessee Code 55-8-101Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101(2) The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (0.08%) or more; or (3) With a blood alcohol concentration of four-hundredths of one percent (0.04%) or more and the vehicle is a commercial motor vehicle as defined in § 55-50-102.
View on official sourceLast verified: Feb 26, 2026

Quick Facts

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TCA Section55-10-401
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Geographic Distribution

Knox
372
Hamilton
227
Putnam
187
Sumner
121
Roane
108
Wayne
103
McMinn
94
Davidson
91
Sevier
88
Sullivan
86
Shelby
80
Robertson
69

+ 45 more counties