In Tennessee, the penalties for driving under the influence (DUI) have always been severe. But in 2025, the consequences become even more dire—especially if there’s a child in the car. These new laws reflect a growing urgency from lawmakers to crack down on what they see as not just impaired driving, but endangerment of minors.
If you’re a parent, caregiver, or simply someone driving with children, here’s why the stakes are higher than ever—and what you need to understand to protect your future.
The Problem: Why DUIs Involving Children Are Now Treated Differently
Tennessee has long criminalized DUI offenses under Tenn. Code Ann. § 55-10-401, but the presence of a child escalates the situation into a more serious criminal matter. Lawmakers, prosecutors, and judges increasingly view these cases not only as DUI incidents but as child endangerment—or worse.
What Changed in 2025?
Under the 2025 statutory updates, DUIs involving children are now considered an “aggravating factor,” which means harsher penalties can be applied by default. These include longer license suspensions, higher fines, mandatory ignition interlocks, and in some cases, felony charges.
Specifically, the statute addressing child endangerment has been bolstered by:
- Mandatory mental health evaluations for certain first-time offenders if a child was endangered (effective Jan 1, 2026).
- Expanded definitions of child abuse to include knowingly placing a child in danger through exposure to illegal substances or hazardous environments—like an impaired vehicle.
- Increased scrutiny from courts when a DUI is committed with a child under 8 years old, especially if fentanyl or other substances are involved.
Why the Presence of a Child Raises Legal Alarms
Driving under the influence is already a public safety risk. Add a child into the equation, and that risk is amplified—both legally and emotionally. Children have no agency in the car. They cannot object or protect themselves. Tennessee law views this power imbalance as a betrayal of the caregiver’s duty.
Legal Framework
Tenn. Code Ann. § 39-15-401(d) was amended to treat unlawful exposure to drugs like fentanyl as a Class E felony, and a Class B felony if the child is 8 years old or younger. This same statute is now increasingly referenced in DUI-child endangerment cases, particularly when impairment is suspected due to substances other than alcohol.
When combined with the state’s existing child abuse laws, a single DUI arrest could potentially lead to charges for:
- DUI
- Child endangerment
- Child abuse or neglect
- Vehicle-related assault (if an accident occurs)
For a detailed explanation of the specific penalties now imposed, including mandatory jail time, fines, and loss of license, review the DUI Penalties in Tennessee page.
A Closer Look: How the 2025 Laws Expand Liability
Lowered Thresholds for Aggravated Charges
Tennessee amended Tenn. Code Ann. §§ 39-13-115 and 39-13-218 to lower the blood alcohol concentration (BAC) threshold from 0.20% to 0.15% for aggravated vehicular assault or homicide when a child is involved. That means drivers with even moderately high BACs can now face felony charges if a child is present.
Longer License Revocation
A first-time refusal to submit to DUI testing can now result in a one-year and six-month license suspension, up from one year, if DUI is suspected and a child is in the vehicle.
Indirect Endangerment = Abuse
Even if a child is not physically injured, mere exposure to impairment or witnessing abuse now qualifies as child abuse under the revised definition of Tenn. Code Ann. § 37-1-102(b).
What This Means in Real Life: One Missed Detail = Felony Charges
Example: A Parent Returning from a Party
Imagine a parent drives home after a neighborhood barbecue with their 6-year-old child asleep in the backseat. They’ve had two drinks, but believe they’re okay to drive. On the way home, they’re pulled over for failing to stop completely at a sign.
The officer detects alcohol and administers a field sobriety test. A breathalyzer shows a BAC of 0.16%. That’s over the new 0.15% threshold.
Under 2025 law, this parent could face:
- DUI charge
- Aggravated child endangerment (potential felony)
- Mandatory ignition interlock
- 1.5-year license revocation
- A possible report to the Department of Children’s Services
One routine traffic stop becomes a life-altering criminal case. In situations like these, it’s critical to understand the nuances of local court practices. Learn how experienced attorneys approach such charges by exploring Defending Against DUI Charges in Chattanooga.
Key Mistakes to Avoid
If you’re a parent or guardian, here’s what not to do:
- Never assume you’re “fine” to drive just because you’ve had only one or two drinks.
- Don’t transport a child if you’re using prescription medications that impair driving—especially opioids or anxiety meds.
- Don’t refuse a chemical test thinking it will prevent charges. In 2025, refusal often triggers longer penalties.
- Avoid transporting children in risky conditions, like after a late-night event where fatigue may impair driving—even if sober.
Practical Steps to Protect Yourself and Your Family
- Use rideshare services after consuming any alcohol, especially if you have kids with you.
- Designate a sober driver before family gatherings where alcohol is served.
- Understand the penalties of a DUI with a child in Tennessee—ignorance won’t be a defense.
- Consult an attorney immediately if you’re charged with DUI, even if you believe it’s a minor incident.
Conclusion: This Isn’t Just About DUI—It’s About Child Protection
Tennessee’s updated DUI laws reflect a shift in mindset. Driving under the influence with a child in the car is no longer treated as just a DUI with added concern—it is increasingly treated as an offense against the child themselves. That shift brings serious consequences: not only criminal, but also social, professional, and familial.
The best way forward? Know the law, plan ahead, and never mix impaired driving with childcare. If you or someone you know has been charged, speak with a defense attorney immediately to understand what’s at stake and how to respond.
FAQ: DUI with a Child in the Car in Tennessee
- What is the age cutoff for a child to trigger enhanced DUI penalties in Tennessee?
While any minor under 18 can be a factor, heightened penalties often apply when the child is 8 years old or younger, especially if fentanyl exposure is involved. - Can I lose custody of my child after a DUI arrest?
Yes. A DUI with a child in the car can trigger a referral to child protective services, especially if substance abuse or negligence is suspected. - What if I wasn’t drunk but failed a sobriety test due to medication?
You can still be charged. Prescription drugs that impair driving ability can result in DUI charges—even if legally prescribed. - Are the penalties the same for a first-time offender with a child in the car?
No. The presence of a child can turn a first offense into a more serious charge with longer suspensions, higher fines, and potential felony enhancement. - What does Tennessee consider “child endangerment” during a DUI?
Knowingly placing a child at risk due to impaired driving, including transporting a child while under the influence of alcohol, drugs, or certain medications. - Can I fight these charges even if I failed the test?
Yes. Legal defenses exist, especially if your rights were violated during the stop, the test was improperly administered, or evidence was misinterpreted.
7. Does refusing the DUI test make things better or worse?
Worse. In 2025, refusal may add six extra months to a license suspension—even if a warrant is later used to draw blood.