Tennessee DUI FAQs

What should I do after a DUI arrest?

What are the important things to do after being arrested for DUI?

• Get out of jail. In Tennessee you are taken to jail after a DUI arrest. Depending on your situation you may be released on your own recognizance (ROR) or you will be given a bond. Post that or have someone post it for you and get out of jail. 
• Look at your citations, paperwork and bond conditions for your first court date (arraignment) and mark it on your calendar.
• Understand that you have to comply with bond conditions or risk going back to jail pending your court date.
• Consult with an experienced DUI specialist. A law firm such as Nash Law PLLC that specializes in DUI will make sure that you get prompt attention, answers to your questions and the support you need to avoid the worst outcomes and will hold your hand every step of the way.
• Have compassion for yourself. Make sure to take care of yourself. Being arrested is a traumatic experience. Do not let feelings of shame and guilt keep you from getting the help you need and deserve.
• Understand that one unhealthy decision does not undo a lifetime of being a great person. You’ll get through this and we can help.

For more information go here.

Can I still drive after my DUI arrest?

Is it legal to drive after being arrested for DUI?

• Yes, you can continue to drive if you had a valid Tennessee driver’s license and were arrested for DUI, you must comply with any and all bond conditions though. The bond conditions often require you to have an ignition interlock device on your vehicle.
• Yes, if you have a valid out-of-state license and were arrested for DUI, you must comply with any and all bond conditions though. The bond conditions often require you to have an ignition interlock device on your vehicle.
• If you plead guilty to a DUI and you have a valid Tennessee driver’s license the judge will take your license and you can submit a Restricted License Order for the judge to sign allowing you to drive legally for 10 days while you get your Restricted Driver’s License. 
• Contact a DUI-specialist law firm ASAP to see about complying with all the conditions of bond and the court.

Do I need to hire an attorney?

I’ve Been Charged With a DUI. Do I Need a Lawyer?

Yes. Although legally you have a right to represent yourself, it is just not a good idea. They say that an attorney that represents herself has a fool for a client. You can hire our team, hire someone else, or apply for the public defender or court-appointed attorney if you qualify. You can choose who represents you, don’t go to court without someone who knows what they are doing to help you.

I am not saying this so you hire us. I have found the best way to show someone we can help them is to help them. You still might have some concern since we are a law firm and may be saying this for selfish reasons but we would give this same advice to everyone, especially our loved ones and families. Here’s why:

A Story From Brian Lee Nash, CEO

Meet my brother– at the time of writing this he is 44 years old and works for the city – he is smart and articulate, but he is not at all familiar with the criminal justice system. I would not want my brother to go to court for DUI without an attorney that specializes in DUI in the Court helping him. He would be facing jail, that should be reason enough. If things go wrong in court, he could go to jail that day.

And it’s not because my brother isn’t smart and articulate – he is both. It is because he doesn’t do this day in and day out for years like we have. I would not want him to be the first try at navigating a DUI in the complicated criminal justice system.

I am not saying that the District Attorney’s office takes advantage of people who  don’t have an attorney. They’re not going out of their way to do them any favors either. Prosecutors think if he or she didn’t have a lawyer, that meant to me that they didn’t take the matter seriously. The opposite of what most people think, if they have an attorney they look guilty. 

A DUI defense attorney’s job is to help you win your DUI case, it is not the judge’s job or the prosecutor’s job. That’s why it is so important my brother has a DUI focused attorney and you do also, the reality is that you are at a serious disadvantage if you do not have a DUI attorney that focuses on just DUIs.

How do I choose a DUI attorney?

What’s the best way to choose a Tennessee DUI lawyer?

• This is easy, look for a law firm that specializes in DUI defense. A firm that focuses on and handles  DUI defense every day is going to give you the best odds of success.
• How do they treat you when you call? Answering the phone and/or calling you back quickly tells you a lot about a law firm’s values and the experience you will get. Also, pay attention to if they treat you like just a number or an actual human being. 
• Look for a DUI law firm that has years of experience in the court your case is in. Also, if they specialize, if so your case will go smoother.
• Fee Structure. Hiring a DUI Attorney is an investment. Like most things, the cheapest option is rarely the best choice. Also, how the DUI law firm structures their fee agreements shows if they know how to properly fight a DUI or just want easy money.

For more perspective on the subject go here.

What is the difference between a citation and a crime?

How are crimes and citations different?

• A citation is civil in nature, think traffic ticket, generally punishable by a fine.
• A crime is more serious in nature and has the potential for jail time and other consequences.
• Driving under the influence of intoxicants (DUI) is a crime in Tennessee.
• Crimes come in two forms, misdemeanors and felonies. Felonies include more serious crimes and imprisonment can be over 1 year. Misdemeanors can not be over 11 months and 29 days. 
• In Tennessee, a DUI can be charged as either a misdemeanor or a felony, depending on the number of DUIs you’ve had and your past criminal history.

For more information, go here.

Will my driver’s license get suspended for my DUI?

• In some states you may lose your license prior to court, not in Tennessee. 
• You may however have bond conditions requiring an ignition interlock device (IID) or other bond conditions. If you plead guilty to DUI or are found guilty after a trial, then yes, you driver’s license will be suspended, here is the breakdown:
  • DUI 1st – Loss of license for 1 year – Restricted License available.
  • DUI 2nd – Loss of license for 2 years – Restricted License available.
  • DUI 3rd – Loss of license for 6 years – Restricted License available.
  • DUI 4th – Loss of license for 8 years – Restricted License available.
  • Other factors might limit Restricted License eligibility, check with your attorney.

What if I refused field sobriety tests?

What happens if I refuse field sobriety tests (FST’s)?

• The police officer may read you a prepared statement about the tests and ask you again.
• If you refuse the field tests each time, then the officer will decide whether or not to arrest you based on their observations up to that point.
• Although they can use it at trial if your case goes that far, there are no direct legal consequences for refusing field tests.

For more information on the subject, go here.

What if I refused a breath or blood test?

What happens if I refuse a breath, blood, or urine test after a DUI arrest?

• Tennessee has what’s called Implied Consent Law TCA Section 55-10-406, the summary of this statute says that law enforcement can ask you to provide either a breath or blood sample to show you haven’t been driving impaired. Failing to do so is a sign that you are impaired and shouldn’t be driving.  
• The police officer should read you a standard statement about the Implied Consent and ask you again.
• If you refuse the blood or breath tests, the officer can arrest you for Violation of Implied Consent Law.
• Implied Consent is usually an additional charge to a DUI arrest where the person refused to provide either a breath or blood sample. (We always insist on not providing a sample.)
• The Officer can ask a judge for a warrant to draw your blood for testing.

I am guilty, I know what I did was wrong. Should I just plead guilty to DUI at my first court date?

Can I just plead guilty at my DUI 1st court date?

• Often the first court date is not designed for you to enter a plea, although there are exceptions. 
• It probably is not a great idea in most cases. 
• A DUI is a serious criminal charge, and there is only an advantage to rushing the process in rare cases. One example is if you’re charged with DUI 1st and it really is supposed to be a DUI 3rd and the State has a strong case against you. 
• You’re going to want to review, along with your legal team, discovery (the evidence) before enter a plea of guilty.
• You’re also going to want to allow your attorney to negotiate the best outcome with the District Attorney’s Office.

Do I have to pay the fine on my DUI citation?

Can I just pay the DUI fine and be done?

• No. DUIs are criminal charges, meaning you can go to jail. You cannot just pay the fine and be done. You have to go to court on all criminal charges. The dollar amount written on your citation is not like a traffic violation ticket where you can simply apply to take a class or pay the fine.
• In Tennessee, a DUI is a serious criminal, and you have to go through the court process to resolve it properly.
• It is very important to show up at the time and date listed on your citation/paperwork. Failure to do so will lead to new charges of Failing to Appear (FTA).
• If you plead guilty or are convicted of DUI after a bench or jury trial, you will be required to pay court costs and a fine. You will have the time you’re on probation to pay these costs. I always recommend paying these off as fast as possible.

What are the options for resolving my DUI charge?

What can happen in a Tennessee DUI case?

• Tennessee does not allow Diversion on DUIs. Diversion is a conditional plea of guilty, you can only do this once in your lifetime, and if you comply with all the terms of the Court and probation your charges are dismissed at the end and you can expunge them.  
• If your case is in General Sessions Court you have 5 options for most cases:
  • Your attorney will negotiate a plea agreement;
  • You have a right to a preliminary hearing and your case will be bound over to the Grand Jury;
  • You can waive the preliminary hearing and your case will be bound over to the Grand Jury;
  • You sometimes can have a bench trial where the judge decides if you’re guilty or not guilty and then sentences you; and 
  • Your case is continued to another court date for some reason. 
• If your case is in Criminal/Circuit Court:
  • Your attorney will get Discovery;
  • Your attorney will file an necessary motions and have hearings;
  • Your attorney will negotiate a plea agreement;
  • Your attorney will set for trial if an agreement cannot be reached;
  • Your attorney will conduct a trial;
  • Your attorney will have a sentencing hearing if you are found guilty at trial. 

Will I have to go to jail for my DUI?

How long will I spend in jail for a DUI?

• If you are able to resolve your case through negotiations reducing it to something other than a DUI then there is a good chance no jail will be required.
• If you are convicted of a DUI 1st, there is a mandatory 48 hours in jail which is to be served all at the same time if your BAC is .08-.149. 
• If you are convicted of a DUI 1st, there is a mandatory 7 days in jail which is to be served all at the same time if your BAC is .15.
• If you are convicted of a DUI 2nd, there is a mandatory 45 day in jail which is to be served all at the same time if your BAC is .08 or higher.
• The jail amounts go higher and higher for each subsequent DUI conviction. 
• In the end, the amount of jail you can expect depends on a number of things, such as the court, the county, the facts of your case, and your criminal history.
• Also, some counties such as Davisionson and Wilson, allow you to go to the DUI Center to serve your time instead of jail. 
• In many counties you can turn yourself in within 30 days to serve your time. In rare cases you have to go into custody that day, but it happens. 

What if I get convicted of a DUI 1st?

What happens with a DUI conviction in Tennessee?

• DUI 1st, which is a misdemeanor, has a jail sentence of 11 months and 29 days, suspended after a minimum 48 hours depending on the case and your criminal history. 
• You will have supervised probation and must comply with all of the conditions. 
• The court will suspend your license for at least a year. Longer suspensions and revocations can happen depending on your history.
• You must complete the Victim Impact Panel (VIP) where you hear the stories of victims and their families.
• You must complete the Alcohol Course (ASC).
• You will have to pay probation fees, court costs and fines.

Will I have to go to rehab for my DUI?

What happens in DUI treatment?

• Often, courts have alternative treatment options including DUI Court and Recover Courts. 
• Each county in Tennessee differs, so you have to check with the specific county your case is in. 
• The length of your treatment depends on the court program and your needs.
• DUI or other court programs are great programs to not only help win your case but get your life back on track. They are able to help because they are more strict and help you create new habits thereby creating a new life for you.

What is an ignition interlock interlock device (IID)?

• An ignition interlock device (IID) is a device that is installed in a vehicle so you can drive while out on bond in Tennessee or after being found guilty for a DUI. It does not allow the car to start if it detects alcohol on your breath.
• An IID is required after DUI conviction in Tennessee, and usually during the DUI bond conditions.
• There are exceptions for IID requirements for cases that don’t involve alcohol.

For more information about IID requirements, go here.

Should I take my DUI case to a bench trial or jury trial?

How do I know trial is right for my case?

• A bench trial is a trial in front of a judge only, not a jury. The judge determines guilt or not guilty then sentences you.
• A jury trial is a trial that is conducted in front of 12 citizens who decide if you are guilty or not guilty then there is a separate sentencing hearing. 
• The choice to have a trial should only be made after discussing the pros and cons, reviewing the evidence, and with the advice of an experienced DUI attorney.
• Of course your lawyer can advise you about the strengths and weaknesses of your case.
• It’s wise to weigh the pros and cons of your negotiated plea deal vs. the consequences of a loss at trial. Consider the risk involved when deciding whether to go to trial or not. 

Call 615-NASH-LAW for a Free DUI Consultation

Arrested for DUI in Tennessee? Don’t wait.

If you or a loved one is facing DUI charges contact Nash Law PLLC today. Our team of experienced Tennessee DUI lawyers are focused on DUI defense and we know how to fight for your rights and navigate the court system. We hold your hand every step of the way.

We’re not just here to win your DUI case, we’re here to help you get your life back on track better than when you or your loved one got arrested for DUI. 

• Fast answers.
• Clear strategies.
• Fierce DUI defense.

Call us now at 615-NASH-LAW (615-627-4529) or fill out our online form for your Free Strategy Session to see if we’re a good fit. We hold our client’s hand every step of the way.

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