Short Answer: No. Tennessee law does not allow diversion for DUI offenses. Unlike some states such as Florida, Georgia, Indiana, Kansas, Louisiana, Oregon, Pennsylvania and Texas a DUI in Tennessee cannot be dismissed through a diversion program—even if it’s your first offense.
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Why Can’t You Use Diversion to Avoid a DUI Conviction in Tennessee?
Tennessee has some of the strictest DUI laws in the country. Under TCA § 55-10-403, DUI convictions carry mandatory penalties, including jail time, license suspension, fines, and more. This is because a DUI is considered a public safety issue, not just a legal slip-up.
Unlike lesser offenses that may be eligible for judicial diversion (which allows charges to be dismissed after probation and compliance), DUI is explicitly excluded from diversion eligibility under TCA § 40-35-313. This means even a first-time offender cannot enter a diversion agreement to wipe a DUI off their record.
What Are Your Real Options If You’ve Been Charged with a DUI in Tennessee?
While you can’t use diversion to dismiss a DUI in Tennessee, you do have several paths forward depending on the facts of your case:
1. Negotiate a Plea
In some cases, your DUI lawyer may be able to negotiate a plea to a lesser offense—like reckless driving or reckless endangerment. However, be cautious: certain reductions can cause immigration issues if you’re a non-citizen.
2. Fight the Charges in Court
If there are weaknesses in the prosecution’s case—such as an unlawful stop, improperly administered field sobriety tests, or flawed breath/blood testing—you may be able to win at trial.
3. Alternative Sentencing (Not Diversion)
While diversion isn’t allowed, some counties in Tennessee offer DUI Court, Recovery Court or Veterans Court, which focus on treatment and rehabilitation. These usually won’t dismiss your charge but could reduce penalties and help you avoid jail.
What Should You Do Right Now?
If you’ve been charged with DUI in Tennessee, don’t assume you’ll get a second chance through diversion. Instead:
- Contact an attorney that focuses on DUI
- Understand the legal deadlines, especially around bond conditions and court appearances
- Explore all legal options with a seasoned attorney who knows Tennessee DUI law inside and out
At Nash Law PLLC, we focus exclusively on DUI defense. We’ll help you understand your options, fight your charges, and protect your future.
We help great people fight their DUIs.
Call 615-NASH-LAW (615-627-4529) or schedule your Free Strategy Session today.
