Nashville DUI Lawyer

Providing DUI Defense

Kevin Kennedy Law Firm & Nashville DUI Defense

As a former prosecutor, Kevin prosecuted DUIs. He understands the weak points often present in the prosecution’s DUI case and what prosecutors consider in deciding whether to reduce a DUI.

He also knows the high stakes of a DUI charge. A DUI can never be expunged from your record, and it carries substantial consequences for your freedom and freedom to drive.

Kevin truly believes that good people make mistakes. One mistake should not take so much from you.

If you are facing a DUI charge, schedule a free, confidential consultation with DUI Defense Attorney Kevin Kennedy.

What Is Considered a DUI?

Driving Under the Influence (DUI) is driving or being in “physical control” of a vehicle with a .08% or higher Blood Alcohol Concentration (BAC)— for commercial drivers a .04% BAC—or while under the influence of any intoxicant that is impairing your ability to safely operate a vehicle.

DUI Penalties in Tennessee

The consequences of a DUI vary depending upon your BAC (blood-alcohol concentration), prior DUI convictions, your criminal history, and other factors. A DUI conviction is not expungable. Having an experienced DUI Defense Lawyer, familiar with the state law and the customs of Nashville's court system, can mean the difference between the steep consequences of a DUI and a reduction or even dismissal.

DUI 1st

DUI 1st is a Class A Misdemeanor with a maximum penalty of 11 months, 29 days in jail. It carries the following mandatory minimums:

  • 48-hour mandatory minimum jail time (7 days if your BAC was .15% or above). In certain circumstances you might be able to serve that 48 hours at a DUI (treatment) Center.
  • $350 fine
  • 1 year suspension of license, though you can often apply for a restricted license with an ignition interlock device installed on your vehicle.
  • If the court imposes the mandatory minimum jail time, you will generally be on probation for the remainder of the sentence.

DUI 2nd

DUI 2nd is a Class A Misdemeanor with a maximum penalty of 11 months, 29 days in jail. It has steeper mandatory minimums than a DUI 1st:

  • 45-day mandatory minimum jail time. In certain circumstances, you might be able to do 17 days in jail and the remaining 28 days can be accounted for through receiving treatment.
  • $600 fine
  • 2-year suspension of your license

DUI 3rd

DUI 3rd is also a Class A Misdemeanor with a maximum penalty of 11 months, 29 days. However, the mandatory minimum penalties increase:

  • 120-day mandatory minimum jail time. Like with a DUI 2nd, the court might allow you to serve some of that 120 days in treatment. However, you must serve at least 65 days in jail.
  • $1,000 fine
  • 6-year suspension of your license

DUI 4th

DUI 4th is a Class E Felony. Depending upon your general criminal history, a DUI 4th can carry up to 6 years in jail. The mandatory minimums are as follows.

  • 150-day mandatory minimum jail time. However, unlike DUI 2nd and 3rd, you cannot reduce this time by completing a treatment program.
  • $3,000 fine
  • 8-year suspension of your license

DUI 5th

DUI 5th is a Class D Felony. It can carry up to 12 years in jail depending upon your prior criminal convictions. The mandatory minimums are the same as a DUI 4th.

DUI 6th

DUI 6th is a Class C Felony. It can carry up to 15 years in jail depending on your criminal history. The mandatory minimums are the same as DUI 4th and 5th.

DUI with a Minor

A DUI conviction with a minor in the vehicle carries an additional mandatory minimum of 30 days in jail and an additional $1,000 fine. These penalties are added onto any other mandatory minimums on the DUI.

What Is an Implied Consent Violation? What Are The Penalties?

If an officer has probable cause of a DUI, they will ask you to take a breathalyzer or blood test. If you refuse, you will be charged with an Implied Consent Violation. This is a civil, not criminal, charge. As of 2026, the penalty is an 18-month suspension of your driver’s license. During this 18-month suspension you can typically apply for a restricted license, which might include installing an ignition interlock device on your car. Keep in mind that for these penalties to take effect, you must first be found “guilty” of violating the Implied Consent law by a judge. This makes it critical that you have a Nashville Criminal Defense Attorney to explore every possible defense.

How Can a Criminal Defense Lawyer Help Me?

At Kevin Kennedy Law Firm, we dissect each piece of evidence and explore every possible defense. That can be the difference between pleading to a DUI with all the consequences that come with it versus being able to plead to a reduced charge, or sometimes even having the case dismissed. Below are a few of the defenses we explore when analyzing your case.

Finding Weaknesses in The Proof

Breathalyzer Results

Officers are taught to adhere to strict protocols when administering a breathalyzer. This includes a “20-minute observation period” where an officer should observe you for 20 minutes prior to the breathalyzer to ensure you do not vomit, regurgitate, or put any foreign substance in your mouth. We review bodyworn camera for any improper administration of the test. We also request the breathalyzer’s calibration logs to check if the machine was properly calibrated at the time of your test.

Blood Results

Officers can obtain blood via a search warrant or your consent. Blood results can sometimes be suppressed if police did not have an adequate basis for a search warrant or if your consent was not “knowing and voluntary” in a legal sense. It is also important that we review the chain of custody for the blood sample, the methodology the laboratory used, and analyze whether the results actually indicate anything about your state at the time of driving.

Standard Field Sobriety Tests (SFSTs)

We review the bodyworn camera for the Standard Field Sobriety Tests (SFSTs). Sometimes officers will improperly administer the tests, tainting the results. Additionally, there are often alternative explanations for your performance on the one-leg stand or walk-and-turn. These could include fatigue, medical conditions, extreme heat or cold, anxiety, uneven roadway surfaces, or just naturally bad balance.

Horizontal Gaze Nystagmus (HGN) Test

The HGN test (Eye Test) can only be conducted by officers with the special qualifications needed to perform the test. We find out if that was the case. If not, it is not admissible. Additionally, flashing vehicle lights in your line of vision and other factors can interfere with the test.

The Stop and Search

We evaluate whether the officer had probable cause at the critical junctures of the interaction—the stop, the detainment, and any searches. That means reviewing the police dash camera to observe your car prior to the stop. It also means reviewing the bodyworn camera to evaluate whether police continued to have probable cause to detain or search you.

Bodyworn Camera

Sometimes defense attorneys do not review bodyworn camera. That is a tremendous mistake. We carefully review and analyze the officers’ bodyworn camera for any police misconduct, inconsistencies with the police report, suppression issues, and any evidence that might be favorable to you.

Alternative Explanations

We explore whether there are alternative explanations to impairment that explain your driving or performance on the sobriety tests. These could include fatigue, anxiety, age, extreme heat, extreme cold, or simply normal driving errors.

Negotiating with the Prosecutor

Kevin cares about his clients and their story. This helps him to humanize you to the prosecution, which is helpful in the plea-bargaining process.

Frequently Asked DUI Questions

What Exactly Is a DUI in Tennessee?

In Tennessee, you can be charged with a DUI if you were driving or in physical control of a vehicle with a Blood Alcohol Concentration (BAC) of .08% or more, or for commercial drivers .04%. Even without a breath or blood test, you can still be charged if there is probable cause that you were under the influence of any intoxicant—including alcohol, marijuana, and prescription drugs—that impairs your ability to operate a vehicle.

What Does Being in “Physical Control” of My Vehicle Mean?

This is a “totality of the circumstances” test where the court or a jury will look at several factors to determine whether you were in “physical control” of your vehicle. These factors include the operability of your vehicle, the location of your keys, your proximity to your vehicle and the driver’s seat, any indicia that you might be intending to drive, and other variables. Importantly, juries are sometimes more hesitant to convict a person of DUI when the prosecution is proceeding on a “physical control” theory.

Can I Get a DUI Off My Record?

No. DUI convictions are one of the charges that are ineligible for expungement. This is part of why it is critical to hire the right criminal defense attorney.

How Can I Get My DUI Reduced?

As a former prosecutor, Kevin understands what prosecutors tend to look for in deciding whether to reduce a DUI. More than anything, prosecutors assess the strength of the case. Are there breath or blood-test results demonstrating intoxication? Were you driving or in “physical control” of your vehicle? Do you have any prior DUI or Reckless Driving convictions? What other weaknesses are present? This is where an experienced criminal defense lawyer is so important. It is critical to find every potential weakness in the prosecution’s case. Additionally, it is important to present to the prosecution any mitigating factors to humanize you to the prosecution.

Is a DUI a Felony or a Misdemeanor in Tennessee?

DUI 1st, DUI 2nd, and DUI 3rd are all Misdemeanors. DUI 4th and above are felonies.

How Much Is Bond for DUI?

The magistrate will look at a variety of factors in determining whether to give you pre-trial release or set a bond, and, if so, how much bond to set. They will look at factors such as the facts of the case and any prior DUIs or other criminal convictions that you might have.

Is a DUI a Criminal Conviction?

Yes. Even a DUI 1st is an A Misdemeanor and cannot be expunged from your record.

Can a DUI Affect My Employment?

A DUI conviction is not expungable and thus employers will be able to see it. However, we cannot say how employers will react as it depends on the employer. Some employers will understand that mistakes happen while other employers might be less forgiving.

Do I Lose My License After a DUI?

Even a DUI 1st carries a mandatory 1-year suspension of your license. However, you can typically apply for a restricted license, which is a license that allows you to drive but with certain conditions, such as installing an ignition interlock device on your vehicle.

How Do I Get My License Back After a DUI?

If you were convicted of DUI and had your license suspended, you might qualify for a restricted license. If you are eligible, you need to obtain an Order for Restricted Driver License (ORDL) from a judge. As part of this order, you will have certain restrictions, most commonly needing to install an ignition interlock device in your car and show proof of the installation prior to receiving your restricted license. An experienced criminal defense attorney can assist you in determining your eligibility and obtaining a restricted license.

Can I Refuse a Breathalyzer in Tennessee?

Yes. The consequences of a refusal are civil, not criminal. Tennessee law says that anyone who drives on Tennessee roads is deemed to have given implied consent to taking a breathalyzer if police determine there is probable cause that you have committed a DUI. If you refuse the breathalyzer, police will charge you with violating this Implied Consent Law. This is a civil, not criminal, offense. If you are “convicted” of this offense, the penalty is a suspension of your driver’s license for anywhere from one to five years depending upon the circumstances. In some cases, you might be able to apply for a restricted license, but this is up to the court’s discretion.

What are the Penalties for a First-Time DUI?

DUI 1st is a Class A Misdemeanor with a maximum penalty of 11 months, 29 days in jail. It carries a 48-hour mandatory minimum jail time (7 days if your BAC was .15% or above), a $350 fine, and a 1 year suspension of license, though you can often apply for a restricted license with conditions such as an ignition interlock device installed on your vehicle. If the court imposes the mandatory minimum jail time, you will generally be on probation for the remainder of the sentence.

Can Breathalyzer Results Be Challenged?

Yes. Breathalyzer results can sometimes be successfully challenged. Police must follow a tight protocol in administering a breathalyzer. Deviations from that protocol can put the results in question. For example, they must examine you for 20 minutes prior to the breathalyzer test to ensure you did not regurgitate, vomit, or put anything in your mouth as all of this can affect the validity of the results. This is called the “20-minute observation period.” Bodyworn camera footage can be critical for this. Additionally, breathalyzer machines must be regularly recalibrated and checked for accuracy. Police keep calibration logs that can and should be reviewed.

Can Standard Field Sobriety Tests Be Challenged?

Yes. Standard Field Sobriety Tests (SFTS’s) such as the walk-and-turn and one-leg-balance are subjective and poor performances can be attributed to a variety of innocent factors, such as medical conditions, uneven pavement, age, simple bad balance, anxiety, and other alternative explanations. Additionally, officers’ improper administration of these tests can also explain poor performance. This also applies to the Horizontal Gaze Nystagmus (HGN) Test, which is the eye test. Such tests are not even admissible unless conducted by those select officers specially trained in this test.

Can Blood Tests Be Challenged?

Yes. Blood tests can occasionally be successfully challenged. For example, did the officer have probable cause to obtain a search warrant for your blood? Or if you gave consent, was your consent “knowing and voluntary” in a legal sense? Additionally, it is important to review other details of the test, such as the procedures used to test the blood and the chain of custody of the sample.

Can I Get a DUI if I Only Took Prescribed Drugs?

Yes. While taking a prescription drug can be essential to your life and health, Tennessee law still prohibits you from driving while impaired by any intoxicant—including a prescribed drug. The central question in these cases is often whether the prescribed drug actually impaired driving. The mere existence of the drug in your system may not be enough for the state to establish impairment. Additionally, Standard Field Sobriety Tests (SFSTs) can be subjective and might be insufficient to establish impairment. For example, medical situations or improper administration of the tests might have affected your performance on these tests.

How Can I Defend a Drug Based DUI?

Tennessee DUI law prohibits you from driving while impaired by any intoxicant, including drugs. While many of the defenses for a drug DUI are the same as for alcohol related DUIs, drug-based DUIs may present additional defenses. For example, simply because a blood lab test shows the presence of a drug does not necessarily mean that the prosecution can prove you were impaired by that drug when you were driving. Drugs can often stay in your blood for far longer than they are impairing you. Additionally, Standard Field Sobriety Tests (SFSTs) are subjective, and several factors can affect an individual’s performance on SFSTs other than drug impairment. For example, medical conditions, your age, ability to balance and improper administration of the tests to name a few. Similarly, factors other than drugs could have affected your driving performance.