You didn’t plan to get a DUI. 

No one does. 

Whether this is your first DUI, or you’ve had one before, DUIs are stressful, they evoke fear and anxiety and then shame and guilt. 

Then you may get mad at the police and then yourself. 

You may even get depressed until you can reconstruct what happened and accept where you are. 

It is normal to go through these feelings and ups and downs. You may even be embarrassed and afraid to talk to your significant other. 

These 7 things will help you through your feelings and give you something to focus on, winning your DUI case. 

Armed with this information you can lift your spirits and increase the courage to take the steps necessary and have the conversations to get your through this ok. 

By reading to the end you will be one step closer to winning your DUI case and save yourself the regret of not reading this article and not following through on it. 

By reading this article, you will know exactly what to do to Win Your DUI Case. 

1. Start Here: Most Cases Start Here, General Session Court

Most DUIs in Tennessee start in General Sessions Court. 

Cases typically start in General Sessions Court due to its role as the court of first resort for most DUI criminal and civil matters. 

Here’s how cases begin in General Sessions Court:

Most criminal cases in Tennessee begin in General Sessions Court. 

There are exceptions to this such as when the case is directly presented to the Grand Jury, bypassing General Sessions Court. 

Besides that, DUI cases begin in General Sessions Court whether they’re  misdemeanor or felony cases. 

The court has jurisdiction to resolve DUI misdemeanor cases and conduct preliminary hearings to determine if there is probable cause to send felony DUI cases to the grand jury for indictment if the case isn’t dismissed or resolved as a misdemeanor. 

DUI charges most commonly are initiated 1 or 2 ways:

1. You come into contact with law enforcement and they investigate right then; or
2. There was an accident and you left the scene and they found you later. 

Can they happen other ways, yeah, but these are the 2 most common and probably how you got arrested for DUI. 

Once you come into contact with law enforcement they investigate and decide whether to press charges or not. As you well know if you have already been arrested. 

2. What about if you’re under 18 years old and arrested for DUI?

If you’re underage, the standards for DUI are higher. 

Blood Alcohol Concentration (BAC) for drivers under 21 is 0.02%, significantly lower than the 0.08% threshold for adults.

It’s important to remember that some cases are moved from Juvenile Court to Circuit for the juvenile to be tried as an adult.

With that said, DUIs will probably stay in Juvenile Court where it will remain a Delinquent Act not a Criminal Charge. 

This is a big distinction so it’s important to have your case stay in Juvenile Court. 

Tennessee has 98 juvenile courts, with 109 judges and 45 magistrates. 

Juvenile courts have jurisdiction over cases involving delinquency, dependency, neglect, child abuse, child support, custody issues, and more. 

Juvenile Courts generally are more rehabilitative than adult courts and they have systems and programs to help you learn, improve and ideally never get a DUI again. 

If you’re reading this you’re probably a Great Person Facing a DUI Charge©️. If that’s true, get your “Win Your DUI Case Strategy Session” now, call 615-NASH-LAW (615-627-4529) or click here to schedule a call. 

3. Three goals to Win Your DUI Case

Facing a DUI is stressful. Overwhelming and not fun. 

For a DUI 1st, you’re facing 11 months and 29 days in jail with a minimum 48 hours of jail if your BAC was .08 or higher. 

If your BAC is .15 or higher you’re facing 7 or more days in jail minimum. 

You’re also facing the embarrassment or tough conversations with your partner, children, boss, friends and family. 

If you plead guilty or are found guilty after a trial, (bench or jury) you will lose your driver’s license for one year but can get a restricted driver’s license upon following the requirements. 

Whether your case is in General Sessions Court or Juvenile Court we have three goals in your DUI Case. This is how we know if you won your case or not.

We fight to:

1. Limit jail (or detention if it’s a juvenile case);
2. Limit the damage to your record; and 
3. Help get your life back on track. 

No one wants to go to jail. So we fight to keep you out of jail. 

Often, winning your case involves getting your DUI reduced to one of these lesser charges, listed from most serious to the best option. 

1. Reckless Endangerment
2. Aggravated Reckless Driving
3. Reckless Driving
4. Dismissed

Getting your DUI reduced to one of the other charges is way better than a DUI conviction. 

EXCEPTION: 

If you are a Foreign National/immigrant of the United States then a Reckless Endangerment plea is often worse than a DUI conviction. 

I know what you’re probably thinking? 

Really? How?! 

Well Reckless Endangerment has a specific intent component to potentially harm others, where DUI does not. 

DUI is a strict liability crime. 

You drank and/or did a substance or combination that left you in a state that is not safe for you to drive. 

Make sure any attorney you talk to has clear goals to stay focused on in order to win your DUI case. Learn more on this topic here:

4. Nine Stages of Your DUI Case

The 9 Stages of a DUI: Understanding the Process

Navigating a DUI case can be overwhelming, but understanding the process can help alleviate some of the uncertainty. Here’s a detailed breakdown of the nine stages involved in a DUI case:

Stage 1: The Event Before You have Contact with Law Enforcement

We have seen almost every DUI start with anxiety or excitement. 

Anxiety: You lost a loved one, job or had an argument with your partner. 

Excitement: Or the flip side of this is you got engaged, are celebrating a bachelorette party or got a raise at work. 

Either way, you were out and about doing your thing. 

After sharing with friends who were supporting you or celebrating you, you got behind the wheel. 

Maybe you only had 1 or 2 drinks, this is common. 

Once you’re behind the wheel, something catches the eye of law enforcement. Which leads to Stage 2. 

Stage 2: Contact with Law Enforcement and Investigation

Whatever catches the eye of law enforcement leads to the officer deciding to make a stop. 

They will approach your vehicle and begin an initial conversation. 

During this interaction, the officer will assess your speech, physical condition, and other indicators of potential impairment. They often put in the Affidavit of Complaint (in Tennessee) that “The driver has bloodshot watery eyes and slurred speech”. 

The investigation typically then moves to seeking consent to conduct field sobriety tests (FSTs) (we never recommend doing these) such as the one-leg stand, walk and turn, and horizontal gaze nystagmus tests. 

These tests are designed for you to fail and claim to evaluate coordination, balance, and ability to follow instructions to see if you’re impaired beyond the legal limit. 

Once law enforcement does these tests they make a decision to arrest you or not which leads to Stage 3.

Stage 3: Arrest, Consent to Breathalyzer or Blood Draw and Booking

If the officer concludes that you are impaired, you will be arrested and taken into custody. 

The officer or sheriff will then ask you to blow into a breathalyzer or take you to draw your blood. In Tennessee this is called Implied Consent. The law basically is written in a way that says if you weren’t intoxicated you would agree to blow in the breathalyzer or have your blood drawn. This is very debatable and beyond this guide. 

We recommend not consenting to this and making them get a warrant. Sometimes they don’t do this extra work and it improves the odds of winning your DUI case. 

Once the officer goes over implied consent they will ask you to blow in the breathalyzer if they do that,  take you to the hospital to draw your blood or to the jail, if they don’t have breathalyzers as an option. 

Upon arrest, and after drawing your blood, you will continue to be handcuffed and transported to jail Once at the jail you will be “booked” into jail. Being booked is the jails way of saying they will take your biometrics (fingerprints, iris scan and photograph) and information and do the necessary paperwork before putting you in your jail cell. 

Once you are processed Stage 4 becomes an option in most cases.

Stage 4: Bonding Out

After getting processed/booked into jail, the magistrate or judge will set your bond amount. 

Bail is the money you pay to be released from jail. Bond is what you pay a bond company and they have to pay if you don’t attend court. They will hunt you down if you don’t go to court so they don’t have to pay. If you post bail, you paid the money, and if you don’t go to court you lose the money. 

Either way, if you post bail or use a bonding company to bond out, you will get processed and released. They will give you a court date to go to court. 

This stage is crucial for regaining freedom while waiting for your day in court. Jail sucks so we want you to be out of jail pending your case. 

Especially if you consented or they got a warrant to take your blood because that can take months to come back and it is a big factor in your case. 

Whether you got out of jail or not, you need to go to Stage 5.

Stage 5: Hiring an Attorney

Whether you posted bail, bonded out with a bond company or you are stuck in jail it is essential to hire a DUI Attorney for your criminal defense case.  

Hiring a DUI attorney can significantly impact the outcome of your case. 

An experienced attorney can guide you through the complexities of DUI law, help navigate the court system, and potentially reduce penalties or even achieve a favorable resolution through negotiations or eventually a jury trial.

Most importantly, they will guide you through the process and give you peace of mind that you did EVERYTHING possible to win your DUI case. 

Your attorney will do many things including Stage 6, preparing for court. 

Stage 6: Preparing for Court

Court is stressful. It’s overwhelming. 

At 615-NASH-LAW we do everything we can to ease your stress and give you peace of mind. 

One way we do that is to explain to each of our clients what to expect and that this is a 50/50 effort. This helps you in two ways: one it gives you agency in the outcome and it gives you actual things to do to help win your DUI case. 

We need our clients to do certain things that will greatly increase the odds of winning their case. 

These things aren’t outcome determinative but will greatly help. 

We will of course do the normal things such as review the Affidavit of Complaint, apply the law to it, help gather evidence, interview witnesses, and develop a strategy for your defense. 

This stage involves understanding the charges against you, reviewing the police report, and preparing for eventual court appearances.

Once we are sufficiently prepared for court, we go to Stage 7.

Stage 7: Court

The court process begins with an arraignment or first appearance. 

If you retain us then we do our best so neither of us have to attend this since you already have an attorney. 

Some jurisdictions require the defendant to attend this to make sure you’re in compliance with bond conditions or for some other reason. 

Depending on the jurisdiction, this may occur shortly after arrest, after several weeks or a month. 

You have to be at each and every court date unless you hired an attorney and they notified you that you do not have to be there and they gave you another court date to attend. 

Your attorney will represent you during this and subsequent hearings, potentially negotiating with the prosecutor or preparing for trial. 

At some point you will plead guilty or no contest, have a preliminary hearing and or send your case to the next court where you will eventually have a jury trial. 

Your case may be dismissed, reduced or you plead guilty. Or you may be found guilty of DUI at trial then have a sentencing hearing. At some point your case will conclude. This takes you to Stage 8. 

Stage 8: Post-Court Process and Probation

If your case is dismissed, congratulations! 

Before leaving the courthouse go to the clerk of court and get a certified copy of the Affidavit of Complaint and the disposition signed by the judge. Keep this certified copy and take a picture/scan and email it to yourself and save in Google Drive or Dropbox forever. 

You can also apply to expunge charges that are dismissed. You cannot expunge a DUI conviction in Tennessee though. 

If you plead to a lesser charge such as reckless endangerment or reckless driving then you may have jail time, loss of driver’s license, eligibility for restricted license, fines, classes such as DUI School and/or MADD’s Victim Impact Panel (VIP), and/or probation. Make sure to make a list of everything you’re supposed to do and do it. 

Probation involves adhering to specific conditions set by the court, which might include community service, alcohol treatment programs, or regular check-ins with a probation officer. 

Make sure to check in with your probation officer before leaving court and comply with everything. 

Your attorney can help you with all of these things, we do at 615-NASH-LAW.

We help you navigate these requirements and ensure compliance which takes us to Stage 9.

Stage 9: The Conclusion of Your Case: Completing All Requirements of Court and Probation

The final stage involves fulfilling all requirements of court and probation. 

Successfully completing probation can lead to the closure of your case and potentially reduce long-term consequences. 

It is crucial to work closely with your attorney and probation officer to ensure all requirements are met on time.

Understanding each of these stages can help you better navigate the challenging journey of a DUI case.

Now that you know the 9 Stages of a DUI, let’s dive into the costs of a DUI.

5. Five options in General Sessions Court

If you’re in General Sessions Court, whether you bond out of jail or not, you will be given a court date. 

This first court date is often First Appearance. If you’re in custody, for example, in Nashville, Tennessee General Sessions Criminal Court, they will bring you before the judge to see if you want an appointed attorney or want to hire one. 

The 5 options in General Sessions Criminal Court are:

1. Negotiate a plea agreement
2. Have a Preliminary Hearing (you have a right to have this within 14 days) and have your case bound over (sent) to the Grand Jury
3. Waive your right to a Preliminary Hearing and have your case bound over (sent) to the Grand Jury
4. Have a Bench Trial, the judge conducts the trial (versus a jury trial) and finds you guilty or not guilty then sentences you
5. Continue your case to another court date

What you do depends on if the officer shows up, what the District Attorney’s position is and a lot of other factors. 

This framework is helpful to keep your eye on along with the 3 goals of your case. 

6. Criminal/Circuit Court and Jury Trials

All of these courts, legal jargon and words can be overwhelming. 

Often the court where you would have your jury trial is called Circuit Criminal Court. 

In Nashville it’s just called Criminal Court. With that said:

Thanks for hanging in there this far. I will keep this super simple to help  you understand this important option. 

If you cannot resolve your case in General Sessions Court you will choose either option 2 or 3 from above: 

2. You will have a Preliminary Hearing and your case will be bound over to Criminal  Court or 3. you will just waive your preliminary hearing and bind it over. 

Once in Criminal Court there are 5 main stages of your case:

1. Arraignment
2. Motion/Review Court Dates
3. Plea Court Dates
4. Set for Trial
5. Trial

Going into all the details of each level would be too much for this article. 

Know this, whatever your circumstances you want to have an attorney guide you through court, it greatly increases your odds of winning your case. 

7. Appellate Courts

If you don’t like a decision of the General Sessions Court or Criminal Court Judges or you think there was an error, you can submit an appeal to the higher court in Tennessee. 

Grounds for Appeal: Criminal appeals can be based on legal errors, procedural irregularities, misconduct, and constitutional violations. 

Common grounds include improper jury instructions, insufficient evidence, and prosecutorial misconduct.

General Sessions Court: You can appeal to the Circuit Court for any rulings in General Sessions Court, it has to be filed within 10 days. 

Direct Appeal to Appellate Court: A defendant can appeal a conviction or sentence directly to the Court of Criminal Appeals within 30 days of sentencing.

Post-Conviction Relief: If a defendant seeks relief after the direct appeal process, they can file a post-conviction petition. If denied, they may appeal to the Court of Criminal Appeals.

Appeal to The Tennessee Supreme Court: After a decision by the Court of Criminal Appeals, a defendant may request permission to appeal to the Tennessee Supreme Court. This is discretionary and requires specific criteria to be met.

United States Supreme Court: In some cases you can file a Writ of Certiorari to the United States Supreme Court. This also is discretionary and requires specific criteria to be met.

Bonus: DUI Courts/Recovery Courts/Veterans Courts and DUI Centers

Thank you for caring enough about yourself to read this far. 

There are other courts in Tennessee and other states. 

They’re also alternative sentencing courts in Tennessee such as DUI Court, Recovery Court and Veterans Court. 

These courts are within the other courts and offer advanced treatment and rehabilitation in lieu of harsher sentences. 

These alternative courts are often set up and run by Judges that overcame addiction problems themselves. Or by authorities that greatly appreciate the service and sacrifice Military Members gave to us so they want a way to help you. 

These “Courts” are more strict, require more time commitment and the desire to change but can really help you. 

Many people contact us after these and say thanks for helping them get into them because it changed their lives. 

Make sure to see if any type of alternative court is available for your DUI case. 

Also, make sure to see if there are any DUI Centers that you can attend. 

DUI centers are often an alternative to jail. Not all courts allow them but it’s worth finding out if they do. 

We often have our client’s attend 48 hours at a DUI Center before court as it greatly enhances the odds the District Attorney will reduce the DUI. 

Conclusion

There you have it, 7 things, plus a Bonus, you need to know about Tennessee DUI Courts to help win your DUI case. 

We hope you found this helpful. If so let us know on your Win Your DUI Strategy Session. 

We only help Great People Fight Their DUI Charges. 

If you would like get your “Win Your DUI Case Strategy Session” call 615-NASH-LAW (615-627-4529) or click here to schedule a call.