Tennessee Code Annotated
Tenn. Code Ann. § 55-50-408 (2026)
Driving under the influence
✓ current as of May 2026
For purposes of this chapter and § 55-10-401, any person who drives, operates or exercises physical control of a commercial motor vehicle with a blood alcohol concentration of four hundredths of one percent (0.04%) or more commits the offense of driving while under the influence of alcohol, in violation of § 55-50-405.
Acts 1937, ch. 90, § 5; impl. am. Acts 1939, ch. 205, §§ 2, 3; C. Supp. 1950, § 2715.13 (Williams, § 2715.18); Acts 1973, ch. 224, §§ 1, 2; T.C.A. (orig. ed.), § 59-706; Acts 1988, ch. 584, § 6; T.C.A., §§ 55-7-106, 55-7-408; Acts 2009, ch. 321, § 27.
Notes of Decisions
Cited in 7
cases, 1992–2005 · leading case: State v. Snyder, 835 S.W.2d 30 (Tenn. Crim. App. 1992).
State v. Snyder, 835 S.W.2d 30 (Tenn. Crim. App. 1992). “The appellant was charged under T.C.A. § 55-50-408, which provides as follows: 55-50-408.”
State v. Banks, 875 S.W.2d 303 (Tenn. Crim. App. 1993). “See T.C.A. § 55-50-408 and T.C.A. § 55-50-405.”
State v. Mark Scisney, No. 01C01-9605-CC-00209 (Tenn. Crim. App. Oct. 16, 1997). “In overruling the de fendant’s issue that the trial court erred by not charging the jury that it had to find him actually physically under the influence of an intoxicant to return a guilty verdict, our court held: By enacting T.C.A. § 55-50-408, the legislature mad e it a crime…”
State of Tennessee v. Danny Munson, No. W2001-00151-CCA-R9-CD (Tenn. Crim. App. Dec. 31, 2001). “04% blood alcohol content in a breathalyzer examination, was found guilty of driving under the influence while operating a commercial motor vehicle in violation of Tennessee Code Annotated section 55-50-408. The applicable statute provided as follows: For purposes of this…”
State of Tennessee v. Angie Delene Jackson, No. E2004-01755-CCA-R3-CD (Tenn. Crim. App. Oct. 14, 2005). “Defendant was indicted in count one of “commit[ting] the offense of driving while intoxicated by driving, operating or exercising physical control of a commercial motor vehicle on premises which is generally frequented by the public at large with a blood alcohol concentration of…”
State v. Mark Scisney, No. 01C01-9605-CC-00209 (Tenn. Crim. App. Oct. 16, 1997). “04 percent, alone, would be sufficient to convict under T.C.A. § 55-50-408. _____________________________ Joseph M.”
Cooley v. State Dep't of Pub. Saf., 827 So. 2d 124 (Ala. Civ. App. 2002). “T.C.A. § 55-50-408 states that a person who has a CDL and has a .”
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