In Tennessee, a DUI arrest rarely comes alone. Additional charges like Reckless Driving, Speeding, Open Container Violations, Implied Consent Refusal, and more often accompany a DUI. These charges can increase penalties and complicate your case. Understanding them is key to building your defense.
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Why It Matters: Context & Detail
If youāve been arrested for DUI in Tennessee, you might also be facing several related charges. Police and prosecutors often āstackā these charges to help prove impairment and increase leverage in court and push for harsher penalties. Knowing what youāre up against is step one in protecting your future.
Here are the most common charges we see alongside DUI arrests in Tennessee:
1. Reckless Driving ā T.C.A. § 55-10-205
Driving in āwillful or wanton disregard for safety.ā
Penalty: Class B misdemeanor, up to 6 months in jail, $500 fine.
Often charged when speeding, swerving, or risky behavior is observed during a DUI stop.
2. Speeding ā T.C.A. § 55-8-152
Even a few miles over the speed limit can justify a stop that leads to a DUI arrest.
Penalty: Usually a non-criminal infraction, but if paired with DUI, it strengthens the prosecution’s case of impaired driving.
3. Failure to Maintain Lane ā T.C.A. § 55-8-123
Weaving, drifting, or crossing lane lines are classic signs officers cite when initiating a DUI stop.
Penalty: Typically a traffic citation but can be used as probable cause for the DUI stop and arrest
4. Open Container ā T.C.A. § 55-10-416
Possession of an open alcohol container by the driver or passenger in the passenger area.
Penalty: Class C misdemeanor, up to 30 days in jail and a fine.
Open container charges make DUI charges more difficult to fight and can lead to stricter sentencing conditions like mandatory alcohol education or ignition interlock devices.
5. Implied Consent Violation ā T.C.A. § 55-10-406
Refusing a blood or breath test after a lawful DUI arrest.
Penalty: Automatic license suspension (1ā5 years), even if youāre not convicted of DUI.
Even if you āwinā your DUI case, you can still lose your license if you refused to test. Judges and juries may also view a refusal as an admission of guilt.
6. Leaving the Scene of an Accident (Hit and Run) ā T.C.A. § 55-10-101, § 55-10-102
- With Property Damage: Class A misdemeanor
- With Injury or Death: Class E felony
This is common in DUI crashes, especially when drivers panic and flee. Fleeing the scene increases the severity of your legal situation dramatically.
7. Driving on a Suspended or Revoked License ā T.C.A. § 55-50-504
Driving during or after a license suspension for DUI or related offenses.
Penalty: Mandatory jail time and enhanced fines, especially for repeat offenses.
This charge compounds your legal exposure and often results in longer suspensions and tougher bond conditions.
8. Evading Arrest ā T.C.A. § 39-16-603
Failing to pull over or attempting to flee during or after a DUI stop.
Penalty:
- On foot: Class A misdemeanor
- In a vehicle: Class E felony
The āI didnāt feel safe stoppingā defense is sometimes validābut only if presented correctly and early.
Actionable Guidance: What Should You Do Next?
If youāre facing DUI plus any of these related charges, your case is more complexāand riskierāthan a standard DUI.
Hereās what to do next:
- Call a DUI-focused lawyer immediately. Not just any criminal defense attorney. You need one who understands the nuances of Tennessee DUI law and local court practices.
- Donāt talk to the police without legal counsel. Anything you sayāeven casual commentsācan be used to support these added charges.
- Gather your paperwork and timeline. Your citation, court date, bond conditions, and memory of the traffic stop are all crucial.
- Document your case details. Write down what happened during the stop, arrest, and any interaction with officers.
- Avoid talking to anyone about your case (especially online). Statements can be used against you later.
Final Word: Youāre Not Alone
DUI is serious enough on its own. When paired with charges like Reckless Driving, Leaving the Scene, or Driving on a Suspended License, it becomes even more urgent to act. If there was an accident with injuries or death you really need help.
At Nash Law PLLC, we defend great people whoāve been charged with DUI and every related offense in Tennessee. From Davidson and Wilson to Rutherford and Williamson County, we know the local court systemsāand how to fight.
Call us now at 615-NASH-LAW (615-627-4529) or fill out our online form for your Free Strategy Session to see if weāre a good fit. We hold our clientās hand every step of the way.
We Help Great People Fight Their DUI Charges.Ā©ļø