Tennessee Code Annotated
Tenn. Code Ann. § 55-10-401 (2024)
Driving under the influence prohibited - Alcohol concentration in blood or breath
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
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;
- (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.
Amended by 2015 Tenn. Acts, ch. 126,s 1, eff. 4/9/2015.
Amended by 2013 Tenn. Acts, ch. 154,s 1, eff. 7/1/2013.
Acts 1953, ch. 202, § 1 (Williams, § 10830.2); Acts 1961, ch. 63, § 1; 1977, ch. 420, § 1; 1979, ch. 265, § 1; T.C.A. (orig. ed.), § 59-1031; Acts 1980, ch. 623, § 1; 1980, ch. 635, § 1; 1986, ch. 842, § 12; 1996, ch. 915, § 1; 2002, ch. 855, § 7; 2010, ch. 1015, § 1; 2012, ch. 848, § 58.
Notes of Decisions
Cited in 694
cases (41 in the last 5 years), 1980–2026 · leading case: State v. Butler, 108 S.W.3d 845 (Tenn. 2003).
State v. Butler, 108 S.W.3d 845 (Tenn. 2003). “Effective July 1, 2003, Tennessee Code Annotated section 55-10-401 (a)(2) will read: "The alcohol concentration in such person's blood or breath is eight-hundredths of one percent (.”
State v. Lawrence, 849 S.W.2d 761 (Tenn. 1993). “The Defendant, David Lawrence, has appealed his conviction of driving while under the influence of an intoxicant, third offense, in violation of T.C.A. § 55-10-401. He was also convicted of violating the implied consent provision of T.”
State v. Yeargan, 958 S.W.2d 626 (Tenn. 1997). “[4] Tenn. Code Ann. § 55-10-401 (1993). [5] Tenn.”
State v. Conway, 77 S.W.3d 213 (Tenn. Crim. App. 2001). “§ 55-10-401 shall not be considered a repeat or multiple offender and subject to the penalties prescribed in subsection (a), if ten (10) or more years have elapsed between such conviction and any immediately preceding conviction for a violation.”
State v. Tait, 114 S.W.3d 518 (Tenn. 2003). “in violation of Tenn.Code Ann. § 55-10-401.” Count two alleged the offense of driving “while the alcohol concentration in the said *521 Robert Tait’s breath was .”
State v. Humphreys, 70 S.W.3d 752 (Tenn. Crim. App. 2001). “Based upon these facts, the Appellant was indicted on one count of driving under the influence, Tenn. Code Ann. § 55-10-401 (a)(l), and, in the alternative, one count of driving with a blood alcohol concentration of .”
State v. Lemacks, 996 S.W.2d 166 (Tenn. 1999). “See Tenn.Code Ann. § 55-10-401 (1991). Because the appellee was charged with the one offense of DUI, the indictment satisfied the notice requirements under Byrd even though it did not specifically include language of criminal responsibility.”
State of Tennessee v. Jerry Lee Hanning, 296 S.W.3d 44 (Tenn. 2009). “” Tenn. Code Ann. § 55-10-401 (a)(1)-(2) (2008).”
State v. Pruett, 788 S.W.2d 559 (Tenn. 1990). “They found that “the mere fact that the ‘Fairground Park’ is owned by the city does not necessarily lead this Court to draw the inference the State suggests.”
Biscan v. Brown, 160 S.W.3d 462 (Tenn. 2005). “§ 57-5-301 (e)(1) (2002) (making it illegal for minors to possess beer "for any purpose").”
State v. Greenwood, 115 S.W.3d 527 (Tenn. Crim. App. 2003). “However, even this amount exceeds the statutory limit of .10%. Furthermore, we reject the defendant’s argument that the state’s failure to extrapolate the .”
State v. Rhodes, 917 S.W.2d 708 (Tenn. Crim. App. 1995). “Thus, after 1980, the legislature was aware that the foregoing language was interpreted by the Tennessee courts to include DUI, as defined in T.C.A. § 55-10-401, as a lesser included offense.”
Tenn. Code Ann. § 55-10-401(1): 22 cases
State of Tennessee v. David Dwayne Bell, 429 S.W.3d 524 (Tenn. 2014).
State of Tennessee v. Cristobal J. Quintana II (Tenn. Crim. App. 2025).
State of Tennessee v. Thomas Santelli, No. E2015-01004-CCA-R3-CD (Tenn. Crim. App. June 22, 2016).
State of Tennessee v. Jeffrey Clay Dale, No. M2023-00167-CCA-R3-CD (Tenn. Crim. App. Jan. 12, 2024).
State of Tennessee v. Jerry Ray Oaks, No. E2017-02239-CCA-R3-CD (Tenn. Crim. App. Feb. 12, 2019).
Tenn. Code Ann. § 55-10-401(2): 10 cases
State of Tennessee v. David Dwayne Bell, 429 S.W.3d 524 (Tenn. 2014).
State of Tennessee v. Stephen W. Jaco, No. M2016-00634-CCA-R3-CD (Tenn. Crim. App. June 20, 2017).
State of Tennessee v. Alan Terry Stein, No. M2016-01345-CCA-R3-CD (Tenn. Crim. App. Oct. 16, 2017).
State of Tennessee v. Rosemary L. Decosimo, No. E2017-00696-CCA-R3-CD (Tenn. Crim. App. Feb. 6, 2018).
State of Tennessee v. Riley Christopher Wilburn - Concurring, No. M2020-00130-CCA-R3-CD (Tenn. Crim. App. June 22, 2021).
Tenn. Code Ann. § 55-10-401(2008): 1 case
State of Tennessee v. Myron Lee Webb, No. M2011-02181 CCA-R3-CD (Tenn. Crim. App. Sept. 25, 2012).
Tenn. Code Ann. § 55-10-401(2010): 1 case
State of Tennessee v. Robert G. Barham, No. W2011-02348-CCA-R3-CD (Tenn. Crim. App. Sept. 17, 2012).
Tenn. Code Ann. § 55-10-401(a): 59 cases
State v. Butler, 108 S.W.3d 845 (Tenn. 2003). “Effective July 1, 2003, Tennessee Code Annotated section 55-10-401 (a)(2) will read: "The alcohol concentration in such person's blood or breath is eight-hundredths of one percent (.”
State v. Lawrence, 849 S.W.2d 761 (Tenn. 1993). “The Defendant, David Lawrence, has appealed his conviction of driving while under the influence of an intoxicant, third offense, in violation of T.C.A. § 55-10-401. He was also convicted of violating the implied consent provision of T.”
State v. Pruett, 788 S.W.2d 559 (Tenn. 1990). “They found that “the mere fact that the ‘Fairground Park’ is owned by the city does not necessarily lead this Court to draw the inference the State suggests.”
State v. Turner, 953 S.W.2d 213 (Tenn. Crim. App. 1996).
State v. Rhodes, 917 S.W.2d 708 (Tenn. Crim. App. 1995). “Thus, after 1980, the legislature was aware that the foregoing language was interpreted by the Tennessee courts to include DUI, as defined in T.C.A. § 55-10-401, as a lesser included offense.”
Tenn. Code Ann. § 55-10-401(a)(1): 96 cases
State v. Lemacks, 996 S.W.2d 166 (Tenn. 1999). “See Tenn.Code Ann. § 55-10-401 (1991). Because the appellee was charged with the one offense of DUI, the indictment satisfied the notice requirements under Byrd even though it did not specifically include language of criminal responsibility.”
State v. Conway, 77 S.W.3d 213 (Tenn. Crim. App. 2001). “§ 55-10-401 shall not be considered a repeat or multiple offender and subject to the penalties prescribed in subsection (a), if ten (10) or more years have elapsed between such conviction and any immediately preceding conviction for a violation.”
State v. Cooper, 336 S.W.3d 522 (Tenn. 2011).
State v. Butler, 108 S.W.3d 845 (Tenn. 2003). “Effective July 1, 2003, Tennessee Code Annotated section 55-10-401 (a)(2) will read: "The alcohol concentration in such person's blood or breath is eight-hundredths of one percent (.”
State of Tennessee v. Jessica Lee Clark, 355 S.W.3d 590 (Tenn. Crim. App. 2011).
Tenn. Code Ann. § 55-10-401(a)(1)(2): 1 case
State of Tennessee v. Jeffrey L. Crowe, No. M2022-00072-CCA-R3-CD (Tenn. Crim. App. Oct. 31, 2022).
Tenn. Code Ann. § 55-10-401(a)(1)(A)(v): 1 case
State of Tennessee v. Ricky N. Berry, No. E2009-02028-CCA-MR3-CD (Tenn. Crim. App. Sept. 30, 2010).
Tenn. Code Ann. § 55-10-401(a)(2): 42 cases
State v. Butler, 108 S.W.3d 845 (Tenn. 2003). “Effective July 1, 2003, Tennessee Code Annotated section 55-10-401 (a)(2) will read: "The alcohol concentration in such person's blood or breath is eight-hundredths of one percent (.”
State v. Conway, 77 S.W.3d 213 (Tenn. Crim. App. 2001). “§ 55-10-401 shall not be considered a repeat or multiple offender and subject to the penalties prescribed in subsection (a), if ten (10) or more years have elapsed between such conviction and any immediately preceding conviction for a violation.”
State v. Greenwood, 115 S.W.3d 527 (Tenn. Crim. App. 2003). “However, even this amount exceeds the statutory limit of .10%. Furthermore, we reject the defendant’s argument that the state’s failure to extrapolate the .”
State v. Bowman, 327 S.W.3d 69 (Tenn. Crim. App. 2009).
State v. McCloud, 310 S.W.3d 851 (Tenn. Crim. App. 2009).
Tenn. Code Ann. § 55-10-401(a)(a)(1): 1 case
State of Tennessee v. Alpheus Lerone Lowe, No. M2008-00766-CCA-R3-CD (Tenn. Crim. App. Oct. 21, 2009).
Tenn. Code Ann. § 55-10-401(a)(l): 10 cases
State v. Lemacks, 996 S.W.2d 166 (Tenn. 1999). “See Tenn.Code Ann. § 55-10-401 (1991). Because the appellee was charged with the one offense of DUI, the indictment satisfied the notice requirements under Byrd even though it did not specifically include language of criminal responsibility.”
State v. Conway, 77 S.W.3d 213 (Tenn. Crim. App. 2001). “§ 55-10-401 shall not be considered a repeat or multiple offender and subject to the penalties prescribed in subsection (a), if ten (10) or more years have elapsed between such conviction and any immediately preceding conviction for a violation.”
State v. Butler, 108 S.W.3d 845 (Tenn. 2003). “Effective July 1, 2003, Tennessee Code Annotated section 55-10-401 (a)(2) will read: "The alcohol concentration in such person's blood or breath is eight-hundredths of one percent (.”
State v. Brooks, 277 S.W.3d 407 (Tenn. Crim. App. 2008).
State v. Greenwood, 115 S.W.3d 527 (Tenn. Crim. App. 2003). “However, even this amount exceeds the statutory limit of .10%. Furthermore, we reject the defendant’s argument that the state’s failure to extrapolate the .”
Tenn. Code Ann. § 55-10-401(b): 1 case
State of Tennessee v. Evelyn Cotton Self, No. M2009-00343-CCA-R3-CD (Tenn. Crim. App. Nov. 9, 2010).
Tenn. Code Ann. § 55-10-401(e): 1 case
State v. Geselbracht, 310 S.W.3d 402 (Tenn. Crim. App. 2009).
Tenn. Code Ann. § 55-10-401(n): 1 case
State of Tennessee v. Austin Wells, No. W2014-02448-CCA-R3-CD (Tenn. Crim. App. Nov. 16, 2015).
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