Nashville DUI Lawyer | First-Offense Process, Penalties and Defense
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
What Happens After a First DUI Arrest in Nashville?
A first DUI arrest in Davidson County usually begins with the arrest and booking process, followed by release or bond conditions and a General Sessions court date. General Sessions Court is the entry point for many Davidson County criminal cases and has jurisdiction over misdemeanor trials.
A first DUI is a serious misdemeanor. Even without any prior DUI conviction, Tennessee law imposes mandatory minimum consequences if the defendant is convicted.
What Does Tennessee Have to Prove?
Tennessee DUI law prohibits driving or being in physical control of a motor vehicle in qualifying places while under the influence of an intoxicant or with an alcohol concentration at or above the statutory limit.
The State's proof may include the driving pattern, reason for the stop, officer observations, statements, field sobriety testing, body-camera footage, breath or blood evidence, and other circumstances.
What Is the Mandatory Jail Time for a First DUI?
Tennessee's Department of Safety lists a minimum 48-hour jail sentence for a first DUI conviction. When the alcohol concentration is .20% or higher, the listed minimum is seven consecutive days.
The mandatory minimum is one reason a first DUI should not be treated like an ordinary traffic ticket. The maximum misdemeanor sentence and the final disposition depend on the charge and facts.
What Are the Fine and License Consequences?
For a first conviction, Tennessee currently lists a fine of $350 to $1,500 and a one-year driver's-license revocation. Ignition-interlock requirements can also apply, including rules governing restricted driving privileges and compliance-based removal.
Driver-license consequences can begin on a different track from the criminal case, so a defendant should understand both the court case and licensing issues.
Will I Have to Use an Ignition Interlock?
Tennessee has extensive ignition-interlock requirements for DUI offenses. The Department of Safety currently describes a one-year revocation period for a first DUI and explains that, for qualifying offenses occurring on or after January 1, 2023, compliance-based removal requires the device to be installed and maintained for the required usage period or revocation period, whichever is longer.
The exact restricted-license and interlock requirements should be reviewed for the individual case rather than assumed from an older DUI.
What Happens at the First Davidson County Court Date?
The first court date does not necessarily mean the case will be tried or resolved that day. The case may be addressed for counsel, scheduling, negotiation, evidence review, or another setting.
Davidson County General Sessions criminal dockets are held in the Justice A.A. Birch Building. The court advises people to arrive early for parking and courthouse security and to check the lobby docket display for the assigned courtroom.
What Evidence Should a DUI Lawyer Review?
A defense investigation may include:
- Body-camera and dash-camera footage
- The legal basis for the traffic stop
- Field sobriety test instructions and performance
- Breath or blood testing records
- Implied-consent paperwork
- Police reports and witness statements
- Medical or physical conditions affecting testing
- The timeline of driving, drinking, and chemical testing
A first DUI case can look very different after the video and testing records are reviewed.
Is Davidson County DUI Court an Option for a First DUI?
Davidson County operates a misdemeanor DUI Court program for certain high-risk, substance-dependent participants. Its published referral criteria specifically list a DUI first offender with no prior DUI first conviction within ten years as a disqualifier.
That means the specialized DUI Court program should not be confused with the ordinary process for a typical first DUI defendant. Other treatment, assessment, or sentencing requirements may still apply.
Can a First DUI Be Dismissed or Reduced?
That depends on the evidence. A first-offense label does not guarantee leniency, and there is no automatic reduction. Conversely, an arrest does not establish guilt.
Potential defense issues can include an unlawful stop, insufficient proof of impairment, unreliable field sobriety evidence, problems with chemical testing, constitutional violations, or inconsistencies between police reports and video.
What Should I Do While the Case Is Pending?
Follow every bond condition and do not pick up a new charge. Preserve paperwork and evidence. Do not post about the arrest on social media. If treatment or an assessment is appropriate, discuss timing and documentation with counsel.
Most importantly, do not miss court. Davidson County states that General Sessions court dates generally cannot simply be rescheduled by phone or online; a continuance requires court approval.
Talk With a Nashville First DUI Lawyer
Kevin Kennedy is a former Davidson County prosecutor who now represents people charged with DUI in Nashville and throughout Middle Tennessee. Kevin Kennedy Law Firm can evaluate the stop, sobriety testing, chemical evidence, license consequences, and possible defenses.
Call Kevin Kennedy Law Firm at (615) 205-7311 to discuss a first DUI in Davidson County.