A first DUI in Tennessee is a serious criminal charge. Even without a prior DUI conviction, a conviction can require jail time, a fine, loss of driving privileges, probation, alcohol or drug treatment requirements, and other conditions. The exact consequences depend on the facts of the case, including the driver's blood-alcohol concentration, whether there was an accident or injury, whether a child was in the vehicle, and whether other charges are involved.
An arrest is not the same as a conviction. Before deciding how to resolve a first DUI, the defense should examine the reason for the traffic stop, the officer's observations, field sobriety testing, body-camera footage, breath or blood evidence, implied-consent issues, and whether the State can prove the offense beyond a reasonable doubt.
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
What Is DUI in Tennessee?
Tennessee Code Annotated § 55-10-401 prohibits driving or being in physical control of a motor vehicle on a public road, highway, alley, certain premises generally frequented by the public, or specified other locations while under the influence of an intoxicant or with an unlawful alcohol concentration.
For most adult drivers, an alcohol concentration of .08 percent or more can support a per se DUI charge. Different rules can apply to commercial drivers and drivers under twenty-one.
Will I Go to Jail for a First DUI in Tennessee?
A first DUI conviction generally carries mandatory minimum confinement. Tennessee's DUI sentencing statute provides a minimum of 48 consecutive hours for a standard first offense, with increased minimum confinement in certain high-BAC circumstances.
The fact that jail is mandatory after conviction does not mean every person arrested for a first DUI will ultimately be convicted of DUI. The defense should be evaluated before assuming the mandatory sentence will apply.
What Is the Fine for a First DUI?
A first DUI conviction carries a statutory fine range. Court costs and other financial obligations can be added to the fine, and separate expenses can arise from license reinstatement, treatment, ignition-interlock requirements, towing, and insurance consequences.
The total financial impact can therefore be significantly greater than the criminal fine alone.
How Long Will I Lose My License?
The Tennessee Department of Safety and Homeland Security lists a one-year driver's-license revocation for a first DUI conviction. Eligibility for restricted driving privileges and the conditions for reinstatement depend on the case and current Tennessee law.
Ignition-interlock requirements can be an important part of maintaining lawful driving privileges. Do not drive simply because you need to work or attend court if your license is revoked and you do not have lawful authority to drive.
Will I Have to Get an Ignition Interlock?
An ignition-interlock device may be required as part of restricted-license eligibility or other DUI requirements. The device requires a breath sample before the vehicle will start and can require additional samples while the vehicle is being operated.
The precise duration and conditions depend on the disposition and the driver's circumstances.
Will I Be on Probation?
A first DUI sentence can include probation for the portion of the sentence not served in confinement. Probation conditions can include reporting, treatment or education, avoiding new offenses, complying with driving restrictions, and satisfying other court-ordered requirements.
Violating those conditions can create a separate probation-violation proceeding.
Do I Have to Attend DUI School?
Tennessee DUI sentencing includes alcohol and drug education or treatment requirements. The exact program and any additional treatment recommendations can depend on the assessment and court order.
Completing required programs on time is important both for the criminal sentence and, where applicable, restoration of driving privileges.
What Happens at the First Court Date?
The first court appearance is generally not the jury trial. In a misdemeanor DUI case beginning in General Sessions Court, the early stages can involve arraignment or initial appearance issues, counsel, discovery, negotiations, and setting later dates. If the case is charged or prosecuted as a felony because of additional allegations, the procedure can differ.
Do not assume that you need to plead guilty at the first appearance simply because the arrest report says DUI.
What Evidence Is Used in a First DUI Case?
Common evidence includes body-camera and dash-camera video, driving behavior, the officer's observations, statements, field sobriety tests, breath testing, blood testing, laboratory records, witness testimony, and sometimes surveillance or crash evidence.
Each category should be examined separately. A person can perform poorly on a roadside exercise for reasons unrelated to intoxication, and chemical evidence can raise its own collection, warrant, chain-of-custody, and testing issues.
Can a First DUI Be Reduced or Dismissed?
Potentially, depending on the evidence and legal issues. There is no automatic right to a reduction merely because it is a first offense. A favorable resolution may depend on weaknesses in the stop, proof of driving or physical control, officer observations, testing evidence, constitutional issues, or other case-specific problems.
Any proposed reduction should also be evaluated for its own consequences rather than focusing only on avoiding the word DUI.
What Should I Do After a First DUI Arrest?
Preserve paperwork and any video or photographs related to the stop. Write down what happened while your memory is fresh, including where you were, what you consumed, the timing, what the officer said, what tests were requested, and whether you consented to or refused chemical testing.
Follow every bond condition and driving restriction. Do not miss court. If your license is affected, determine what steps are required for restricted privileges rather than risking a new driving charge.
Frequently Asked Questions
Is jail mandatory for a first DUI conviction in Tennessee?
Yes. Tennessee law generally requires minimum confinement for a first DUI conviction, although the exact minimum can increase based on particular facts.
How long is my license revoked for a first DUI?
The Tennessee Department of Safety lists a one-year revocation for a first DUI conviction, subject to applicable restricted-license and reinstatement rules.
Is a first DUI a felony?
A standard first-offense DUI is generally a misdemeanor. Additional facts or separate charges can significantly change the case.
Can I get probation instead of serving any jail?
A first DUI conviction has mandatory minimum confinement. Probation can apply to the remainder of the sentence but does not ordinarily eliminate the statutory minimum jail requirement.
Should I plead guilty because my blood or breath test was over .08?
Not before the case is evaluated. Chemical testing is important evidence, but the defense should examine the stop, collection procedure, warrants or consent, testing process, and whether the State can admit and prove the result.
Talk With a Nashville DUI Defense Lawyer
A first DUI can have consequences far beyond the night of the arrest. Before deciding how to resolve the case, the defense should review the traffic stop, video, field sobriety testing, chemical evidence, license consequences, and every realistic defense or negotiation issue.
Kevin Kennedy Law Firm represents people charged with first-offense DUI in Nashville and Middle Tennessee. A first arrest should be treated seriously, but it should also be investigated before assuming the State can prove a DUI conviction.