Nashville DUI Lawyer

Former prosecutor Kevin Kennedy leads the firm’s DUI defense practice and personally handles all DUI cases for the Kevin Kennedy Law Firm. Kevin is a graduate of Vanderbilt Law School and an active member of the Tennessee Association of Criminal Defense Lawyers.

Tennessee DUI Law: What the State Must Prove

Tennessee law prohibits driving or being in physical control of a motor vehicle on a public road, highway, parking lot, or other premises generally frequented by the public while under the influence of an intoxicant, marijuana, a controlled substance, a drug that affects the central nervous system, or any combination of these. The State may also pursue a DUI when a driver’s alcohol concentration is .08 percent or more.

To convict, the prosecution must prove every element beyond a reasonable doubt: that the person drove or was in physical control of the vehicle, that the location qualifies under the statute, and that the person was impaired or over the legal limit at that time. Weakness in any one element can make the difference between a conviction and a dismissal or reduction.

First-Offense DUI

A first DUI in Tennessee is a misdemeanor, but it still carries a mandatory minimum of 48 hours in jail (seven days with an alcohol concentration of .20 or more), fines, a one-year license revocation, possible ignition interlock, probation, and alcohol and drug treatment requirements. For a closer look at how these cases are handled, see our page on first offense DUI defense.

Many first-time defendants assume the outcome is automatic. It is not. The facts of the stop, the testing, and the investigation often create real opportunities to challenge the charge.

Second and Subsequent DUI Offenses

Penalties rise sharply with each qualifying prior conviction. A second offense DUI carries a mandatory 45 days in jail and a two-year revocation. A third offense carries 120 days, and a fourth or subsequent DUI is a felony. Whether a prior conviction actually counts, including its date and where it occurred, should always be examined carefully.

DUI Penalties in Tennessee

Depending on the case, a DUI conviction can involve:

• Mandatory minimum jail time
• Fines and court costs
• Driver’s-license revocation
• Ignition interlock device requirements
• Probation, alcohol safety education, and treatment
• Enhanced punishment for a child passenger, a high alcohol concentration, or prior convictions
• Collateral effects on employment, insurance, professional licenses, commercial driver’s licenses, and immigration status

Cases involving serious aggravating factors, such as aggravated DUI allegations, can carry even greater exposure.

DUI Based on Drugs

A DUI does not require alcohol. Tennessee prosecutes impaired driving based on marijuana, prescription medication, controlled substances, and combinations of substances. These cases are especially fact-specific because the presence of a drug in the blood does not necessarily prove impairment at the time of driving. Learn more about drug DUI charges in Tennessee.

DUI Testing and Evidence

Blood Testing

Blood results often appear scientific and final, but they depend on a lawful basis for the draw, proper collection, preservation, chain of custody, and accurate laboratory analysis. Our page on DUI blood test cases explains these issues in more detail.

Breath Testing

Breath instruments must be properly maintained and certified, and the operator must follow required procedures, including an observation period before the test. Errors in timing, calibration, or procedure can undermine the result. A driver who declines testing may face a separate breathalyzer refusal issue.

Field Sobriety Tests

Standardized field sobriety tests are divided-attention exercises that are easily affected by footwear, weather, road surface, injuries, nerves, and the officer’s instructions. Video frequently tells a different story than the police report. See field sobriety test cases for more.

Implied Consent and DUI Refusal

Under Tennessee’s implied consent law, drivers are deemed to have consented to chemical testing in certain circumstances. Refusing a test can lead to a separate proceeding and license consequences, even if the DUI itself is later dismissed. Whether the officer properly advised the driver and had a lawful basis for the request matters. Read more about implied consent violations and DUI cases involving a refusal.

Physical Control of a Vehicle

A person does not always have to be seen driving to be charged. Cases involving a parked car or a driver asleep behind the wheel turn on physical control: where the vehicle was located, where the keys were, whether the engine was running, and whether the vehicle was operable. These cases often present strong defense issues.

Underage DUI

Drivers under 21 can face an underage driving while impaired charge at a much lower alcohol concentration, and drivers under 21 can also face an adult DUI charge. Either can affect school, scholarships, and future employment. See our page on underage DUI defense.

Driver’s-License Consequences and Restricted Licenses

A DUI conviction generally results in license revocation, and a refusal can trigger its own suspension. In many cases, a driver may qualify for a restricted driver’s license to drive to work, school, or other approved destinations, often with an ignition interlock. Driving before your privileges are restored can lead to a separate driving on a suspended license charge.

DUI Arrests Involving Accidents

An accident raises the stakes. A DUI with an accident can bring restitution and more aggressive prosecution, a DUI involving injury increases the exposure further, and when someone is seriously hurt or killed, the State may pursue vehicular assault or vehicular homicide. Depending on the driving conduct, a driver may also face a reckless driving charge.

DUI Defenses and Challenging the Evidence

Every DUI case is different, but common defense issues include:

• Whether police had a lawful reason to stop or detain you
• Whether there was probable cause for the arrest
• Whether field sobriety tests were properly administered and scored
• Whether breath or blood testing was lawful, timely, and accurate
• Whether video contradicts the officer’s observations
• Whether the State can prove driving or physical control
• Whether medical conditions, fatigue, or other factors explain the officer’s observations

When evidence was obtained unlawfully, it may be suppressed, which can lead to a dismissal or a significant reduction.

What Happens After a DUI Arrest

After an arrest in Nashville, a person is typically booked, held for a period, and released on bond with conditions. The State may seek to revoke or suspend your license, and the case is set for a first appearance in General Sessions Court. Contacting a lawyer early helps preserve dash-camera, body-camera, and jail video before it is lost.

The DUI Court Process

Most Davidson County DUI cases begin in General Sessions Court. The case may be resolved there, set for a preliminary hearing, or bound over to the grand jury and Criminal Court. Along the way, the defense can review discovery, file motions to suppress, negotiate with the prosecution, and, when appropriate, take the case to trial.

How Kevin Kennedy Law Firm Can Assist

A thorough review of the evidence is critical. Kevin examines the reason for the stop, reports, video, witness accounts, field sobriety testing, statements, breath or blood records, warrants, laboratory materials, implied-consent issues, and any evidence concerning driving or physical control.

As a former prosecutor who routinely handled DUI matters, Kevin understands how prosecutors evaluate evidence, which issues may affect negotiations, and what weaknesses can support suppression, dismissal, reduction, or a defense at trial. He uses that experience to seek a dismissal or reduction.

If you are facing a DUI charge in Nashville or Middle Tennessee, call or text Kevin Kennedy Law Firm at (615) 205-7311 for a free, confidential consultation.

Related Nashville DUI Defense Pages

• Nashville First Offense DUI Lawyer
• Second Offense DUI
• Third Offense DUI
• Fourth Offense DUI
• Aggravated DUI
• DUI Involving Drugs
• DUI Blood Test Cases
• Field Sobriety Test Cases
• Implied Consent Violations
• DUI With Refusal
• Underage DUI
• DUI With an Accident
• DUI Involving Injury
• DUI With a Minor in the Vehicle
• DUI and Commercial Driver’s Licenses
• Restricted Driver’s License
• Driving on a Suspended License
• Nashville Reckless Driving Lawyer
• Vehicular Assault
• Vehicular Homicide

This page provides general information about Tennessee criminal law and is not legal advice.