Reviewed by Attorney Brian Nash, Nash Law PLLC | Updated: June 2026
Arrested for DUI in Tennessee? Here’s Exactly What to Do Next
Being arrested for DUI in Tennessee is terrifying — your heart is racing, you’re sitting in the back of a police cruiser, and you have no idea what happens next. The decisions you make in the next few hours and days can determine whether you keep your driving licence, avoid jail time, and protect your future. This step-by-step guide, written by Attorney Brian Nash of Nash Law PLLC, walks you through every critical action you need to take right now.
Quick Answer: The most important thing you can do after a DUI arrest in Tennessee is exercise your right to remain silent and immediately call a qualified DUI defence attorney. Do not submit to field sobriety tests if you haven’t already, and do not discuss what happened with anyone except your lawyer.
Step 1: Stay Calm and Exercise Your Right to Remain Silent
The first moments after a DUI stop set the tone for your entire case. Whatever you say to the officer — even casual conversation — can be written into the arrest report and used against you in court.
Under the Fifth Amendment to the U.S. Constitution, you have an absolute right to remain silent. You are only required to provide your name, driver’s licence, vehicle registration, and proof of insurance. Beyond that, you are under no legal obligation to answer questions about where you were going, what you had to drink, or how you feel.
What to say (and nothing more):
– “I am invoking my right to remain silent.”
– “I would like to speak with an attorney before answering any questions.”
Stay calm and be respectful — resisting or arguing with an officer adds charges and makes things worse. But staying quiet is not an admission of guilt. It is one of the smartest moves you can make.
Step 2: Understand Tennessee’s Implied Consent Law Before Refusing a Chemical Test
Here is where many people make a costly mistake. Tennessee’s Implied Consent Law (TCA §55-10-406) means that by driving on Tennessee roads, you have already given implied consent to a chemical test — breath, blood, or urine — if an officer lawfully arrests you for DUI.
Refusing a chemical test after a lawful arrest carries serious automatic consequences:
| Situation | Consequence of Refusal |
|---|---|
| First refusal | Automatic 1-year driving licence suspension |
| Second refusal (prior DUI/refusal) | Automatic 2-year driving licence suspension |
| Refusal with child passenger | Enhanced penalties; used as evidence of guilt |
| Refusal used at trial | Prosecution can tell the jury you refused — it implies consciousness of guilt |
⚠️ Important distinction: Field Sobriety Tests (FSTs) — the walk-and-turn, one-leg-stand, and horizontal gaze nystagmus — are not covered by Implied Consent. You can legally decline those roadside tests without automatic licence penalties. Many sober people fail FSTs due to nerves, fatigue, or medical conditions.
At Nash Law PLLC, we see clients every week who incriminated themselves by performing field sobriety tests they had every right to refuse. If you are reading this before an encounter with police: you do not have to do those roadside tests.
Step 3: Call a DUI Attorney Before You Say Anything Else
Once you are in custody, your next call should be to a DUI defence attorney — not a family member, not a friend, a lawyer.
Attorney Brian Nash has defended clients across Middle Tennessee, from Nashville to Franklin and beyond. When you call 615-NASH-LAW (615-627-4529), you reach a real attorney who understands the Tennessee DUI statute (TCA §55-10-401), the local courts, and the strategies that actually work.
Here is why timing matters so much:
- Evidence fades fast. Witness memories, surveillance footage, and body camera footage can disappear or be overwritten quickly. Your attorney needs to move immediately to preserve it.
- The 7-day rule is real. You have only 7 days from the date of your arrest to request a hearing with the Tennessee Department of Safety to challenge your administrative licence revocation (TCA §55-50-504). Miss that window and your licence is suspended automatically — even if the criminal charges are later dropped.
- What you say now matters forever. Everything said to police, jail staff, or other inmates can be subpoenaed. A lawyer stops that clock.
Step 4: Know What Happens at Booking and Bail
After your arrest, you will be transported to the local jail for processing — fingerprinting, photographs, and a medical screening. Depending on the county (Davidson, Williamson, Rutherford, etc.) and the time of day, you may be held until a bail hearing or released on your own recognisance.
Typical bond amounts for a first-offence DUI in Tennessee:
– First DUI, no aggravating factors: typically $1,000–$2,500 bond
– DUI with a blood alcohol concentration (BAC) of 0.20% or higher: higher bond, mandatory 7-day jail hold (TCA §55-10-403)
– DUI with a child passenger (under age 18): mandatory minimum 30 days additional jail time; bond set at judge’s discretion
Once you are released, you will receive a court date. Write it down and do not miss it. Failing to appear results in an automatic bench warrant for your arrest.
Step 5: Protect Your Driving Licence — The 7-Day Rule
This is one of the most time-sensitive steps and the one most people miss.
When you are arrested for DUI in Tennessee and either fail a breath test (BAC ≥ 0.08%) or refuse a chemical test, the arresting officer will confiscate your physical licence and issue a Tennessee Temporary Driving Certificate — a pink or yellow slip of paper. This certificate is valid for only 20 days.
However, you must request a hearing within 7 days of your arrest to challenge the administrative revocation of your licence. This is a separate process from the criminal DUI case and requires a specific written request to the Tennessee Department of Safety.
At Nash Law PLLC, we handle this request as part of our immediate case intake. If you do not take this step, your licence will be suspended automatically at the end of the 20-day period — even if your criminal case is still pending and has not been resolved.
Step 6: Understand the Ignition Interlock Device Requirement
Even for a first-offence DUI conviction in Tennessee, you may be required to install an Ignition Interlock Device (IID) on your vehicle under TCA §55-10-408. This is a breathalyser attached to your vehicle’s ignition that requires a clean breath sample before the car will start.
When is an IID required?
- BAC of 0.15% or higher on a first offence — mandatory IID for at least 6 months
- Second or subsequent DUI — mandatory IID for at least 6 months, often longer
- As a condition of restricted licence — if you are granted a restricted driving certificate to get to work or school while your licence is suspended
IIDs are not cheap. Monthly rental and monitoring fees typically run $70–$100 per month, and you are responsible for installation and calibration costs. Your attorney may be able to negotiate conditions that reduce the duration of this requirement.
Step 7: Attend All Court Dates and Follow Bond Conditions
Once you are released on bond, the judge or magistrate will set conditions. These typically include:
- No alcohol consumption (and sometimes no drug use, verified by random testing)
- No new criminal charges
- Reporting to a pretrial services officer in some cases
- Surrendering your passport if flight risk is a concern
Violating any bond condition results in immediate re-arrest and forfeiture of your bond money. If you are uncertain what your conditions require, call our office. At Nash Law PLLC, we stay in close communication with our clients throughout the process so you are never left guessing.
How Tennessee DUI Law Defines the Offence
Under TCA §55-10-401, it is unlawful to drive or be in physical control of a motor vehicle in Tennessee:
- While under the influence of any intoxicant, marijuana, controlled substance, or any combination that impairs the ability to drive safely, OR
- With a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers; 0.02% for drivers under 21)
Note the phrase “physical control” — you can be charged with DUI while sitting in a parked car with the engine running in Tennessee. The law is broader than most people realise.
What a DUI Attorney Can Do That You Cannot Do Alone
Many people wonder whether they really need a lawyer for a “first offence.” At Nash Law PLLC, we believe the question should be: what are you willing to risk?
An experienced DUI attorney can:
– Challenge the legality of the traffic stop itself (was there reasonable suspicion?)
– Contest the administration and calibration of the breathalyser (Title 55 administrative rules govern device certification)
– Cross-examine the officer’s field sobriety test observations
– Review dashcam and body camera footage for inconsistencies
– Negotiate with the District Attorney for reduced charges or diversion programmes
– Fight for suppression of evidence obtained improperly
– Argue for a restricted driving certificate so you can get to work during suspension
– Prepare your case for trial if a fair plea offer is not available
A conviction for even a first-offence DUI in Tennessee carries up to 11 months and 29 days in jail, fines of $350–$1,500 plus court costs, a 1-year licence revocation, and a permanent criminal record. The stakes are too high to navigate alone.
Frequently Asked Questions About DUI Arrests in Tennessee
Can I refuse the breathalyser in Tennessee?
You can refuse, but there are automatic consequences under Tennessee’s Implied Consent Law (TCA §55-10-406). A first refusal results in a 1-year licence suspension, and that suspension stands even if criminal charges are eventually dismissed. Your refusal can also be presented to a jury as evidence of guilt. This is a complex decision, and Attorney Brian Nash can walk you through the implications during a free consultation.
What is the difference between the criminal DUI case and the administrative licence suspension?
They are two separate proceedings. The criminal case goes through the court system and determines whether you are guilty of DUI. The administrative licence suspension is handled by the Tennessee Department of Safety and is triggered automatically by a BAC test failure or refusal. You only have 7 days to request a hearing to fight the administrative suspension — call Nash Law PLLC immediately after your arrest.
Will a DUI conviction stay on my record in Tennessee?
Yes. Tennessee does not allow DUI convictions to be expunged from your criminal record, regardless of whether it is a first offence. This can affect job applications, professional licences, housing, and future sentencing if you are ever charged again. Protecting your record is one of the strongest reasons to fight a DUI charge aggressively from day one.
What if my BAC was under 0.08%?
You can still be convicted of DUI in Tennessee under TCA §55-10-401 if the prosecution can prove you were impaired to the point that your ability to drive was affected — regardless of your BAC reading. This is sometimes called a “common law DUI.” If an officer observed signs of impairment (slurred speech, poor driving, failed field sobriety tests), the case is about more than just a number. An attorney can challenge the totality of the evidence.
How much does a DUI defence attorney cost in Tennessee?
Legal fees vary depending on the complexity of the case. At Nash Law PLLC, we offer a free initial consultation so you can understand your options without any financial pressure. We are transparent about fees from the start. Consider the cost of not having representation: a DUI conviction leads to fines, court costs, higher insurance premiums, IID fees, potential lost employment — costs that far exceed most attorney fees. Call 615-NASH-LAW (615-627-4529) to get started.
Do Not Wait — Your Licence and Your Future Depend on Acting Now
Every hour after a DUI arrest matters. The 7-day window to challenge your licence suspension closes fast. Evidence disappears. And attempting to navigate Tennessee’s DUI process alone is a gamble that rarely pays off.
Attorney Brian Nash and the team at Nash Law PLLC are ready to help you right now.
📞 Call us: 615-NASH-LAW (615-627-4529)
📅 Book your free consultation online: Schedule an Appointment
We defend clients throughout Middle Tennessee, including Nashville, Franklin, Brentwood, Murfreesboro, Columbia, and surrounding communities. No judgement — just strong, experienced DUI defence.
