Nashville DUI Attorney

I am attorney Patrick T. McNally, founding partner at Weatherly, McNally & Dixon, P.L.C., and I have more than 35 years of experience helping individuals fight criminal charges on both state and federal levels. I have experience in effectively fighting drunk driving charges of all kinds, and I am prepared to help you fight against a conviction and preserve your driving privileges.

Me and my team at McNally Law believe in detail-oriented and aggressive criminal defense representation for every client we represent. Our team of Nashville DUI attorneys fully understands that a DUI conviction can have serious consequences on your personal and professional life, including costly fines, loss of driving privileges, and potentially even loss of professional licenses. We strive to provide the most comprehensive defense representation in every case we represent, helping our clients overcome the charges they face and guiding them through their legal proceedings with confidence.

Driving under the influence, or DUI, is the legal term for drunk driving. In every state in the US, it is illegal for any driver to operate a vehicle under the influence of alcohol. However, alcohol affects every individual differently, and every individual has a unique body composition. The way the police determine whether a driver is under the influence of alcohol is by measuring their blood-alcohol concentration (BAC).

This metric measures the amount of alcohol in the person’s system relative to their overall physical composition. For example, a single drink can result in two very different BAC readings for two people with very different physical characteristics. Additionally, a single drink may make one person feel quite intoxicated very quickly while another person feels little to no effect.

It is vital to remember that although you may have a keen awareness of your personal alcohol tolerance, it is never worth risking getting behind the wheel after drinking. Even if you do not feel impaired in any way, if the police stop your vehicle and establish probable cause to arrest you for DUI, a chemical test could reveal a BAC reading over the legal limit of .08%. For drivers under the age of 21, the legal limit is zero, so any BAC reading could lead to a DUI conviction for younger drivers.

I have years of experience handling DUI cases for clients of all ages and all driving records. Whether you have been driving for ten years, twenty years, or just obtained your driver’s license last month, a DUI charge could lead to a loss of your driving privileges for several months, a year, or even longer in some cases. Both Kentucky and Tennessee uphold strict DUI laws and assign penalties for conviction based on the driver’s measured BAC level and the circumstances of their arrest. For example, a first-time DUI offender arrested at a random DUI checkpoint will likely face a much lighter sentence than a three-time DUI offender arrested after causing a serious accident and injuring or killing another driver.

Impaired driving remains a major safety concern across Tennessee. Recent state and federal data show that thousands of people are arrested for DUI each year, while alcohol-related crashes continue to cause serious injuries and deaths. The numbers also show that Nashville and the surrounding Davidson County area experience a large share of these incidents. 

• Davidson County recorded 909 alcohol-related crashes in 2025, making it the state’s highest-ranking county.
• Throughout the state, police reported a total of 5,653 crashes involving drunk drivers that same year, down from 6,032 in 2024.
• In 2022, 299 people were killed in drunk driving accidents on Tennessee roads.
• From 2019 to 2023, alcohol-related crashes for youth increased 209%.

These figures help explain why police and prosecutors take DUI allegations so seriously. However, crash data and statewide arrest totals do not determine the outcome of an individual case. A DUI arrest is not a conviction, and the state must prove every required element of the charge beyond a reasonable doubt.

Many people mistakenly believe that it is futile to challenge a DUI or DWI charge. In reality, it is possible to get these charges dismissed, reduced, or acquitted. I work hard to improve your chances of getting a reduction or dismissal of charges.

While some people believe they can handle criminal prosecution without legal representation, the reality is that this is a very unwise decision. The average person with no legal experience or formal legal education may have significant difficulty navigating the strict and complex legal procedures involved in a criminal case.

However, it’s easy to make mistakes if you try to manage your own case. Criminal law is complex, and even a simple case may require you to file motions and prepare a nuanced defense. Small mistakes can have major negative consequences on the outcome of your case. Instead, you can rely on the personalized defense counsel from a firm like McNally Law.

My team and I can provide the legal counsel you need to navigate the criminal court system more confidently and with more control over the outcome. We can help you prepare for every phase of your case, from arraignment and pretrial hearings to further court proceedings as your case unfolds. 

Even a seemingly straightforward DUI case has the potential to escalate into a complex legal affair, and it’s imperative to have reliable counsel on your side as you make your way through this stressful and complex process.

The penalties for a DUI conviction in the Nashville area can be severe, and without legal representation, you will have little to no opportunity to avoid the maximum penalties prescribed by law. 

A skilled defense lawyer can help their client plead down to lesser charges, minimize their penalties by arguing for alternative punishment, or help them achieve complete case dismissal by challenging the prosecution’s evidence or the conditions of their client’s arrest and booking.

Tennessee imposes mandatory penalties for most DUI convictions, even if the driver has no prior record. A conviction can result in jail time, fines, probation, DUI school, loss of driving privileges, and other court-ordered punishments. These penalties increase with each subsequent conviction. Some drivers must also pay for alcohol treatment, SR-22 insurance, and an ignition interlock device.

A second or later DUI may place the driver’s car at risk of seizure. By the fourth conviction, a DUI becomes a felony that can lead to years in prison and other significant consequences. DUI penalties include:

• First DUI offense. Conviction for a first DUI carries 48 hours to 11 months and 29 days in jail. The minimum increases to seven days when the driver’s BAC is 0.15% or higher. Other penalties include a $350 to $1,500 fine, mandatory DUI school, and a one-year license revocation. A judge may also order litter removal. License restoration requires a $100 reinstatement fee, plus applicable reissue fees, SR-22 insurance costs, and ignition interlock expenses.
• Second DUI offense. A second DUI is a Class A misdemeanor, with a mandatory minimum of 45 days in jail. The maximum sentence is 11 months and 29 days. The driver must pay a fine ranging from $600 to $3,500 and faces a two-year license revocation. The vehicle used during the offense may be seized and forfeited when the current offense occurred in Tennessee, and at least one prior qualifying DUI occurred within the previous five years.
• Third DUI offense. A third conviction is also a Class A misdemeanor that carries a mandatory minimum of 120 days in jail. The sentence may reach 11 months and 29 days. Fines range from $1,100 to $10,000, and the driver’s license is revoked for six years. Vehicle seizure and forfeiture may apply. The driver may also be required to pay all costs for an ignition interlock device, alcohol monitoring, treatment, testing, and other conditions of probation.
• Fourth and subsequent DUI offenses. A fourth DUI conviction is a Class E felony. It carries at least 150 days in custody, up to six years in prison, a $3,000 to $15,000 fine, and an eight-year license revocation. A fifth DUI is a Class D felony, while a sixth or later offense is a Class C felony.

Whether you are facing your first DUI charge or have a record of multiple DUI convictions, you want an attorney who can help you avoid the most severe penalties a conviction could entail or help you secure a case dismissal if possible.

I believe in helping every client fully explore all available defenses in every DUI case my firm handles. If you have been wrongfully accused of DUI, if the police failed to properly establish probable cause in your arrest, or if law enforcement violated your Constitutional rights in any way in handling your case, my team can make full use of these facts in crafting your defense.

If you have committed a DUI in earnest, we can help you determine what type of plea would most favorably suit your situation, potentially helping you plead down to lesser charges and avoiding the severe long-term penalties that accompany a DUI conviction in the Nashville area.

Certain circumstances can turn a standard DUI case into a much more serious criminal matter. When a child is in the vehicle, or an impaired driver causes serious injury or death, Tennessee law allows additional jail time, larger fines, and separate felony charges. These penalties may apply even when the driver has never been convicted of a DUI before.

• Child endangerment. Driving under the influence with a child under 18 in the vehicle adds a mandatory 30-day jail term and a $1,000 fine to the regular DUI penalties. The additional jail sentence must be served consecutively, meaning it is added to the sentence for the underlying DUI. If the child suffers serious bodily injury, the driver may be charged with a Class D felony. If the child dies, the offense becomes a Class B felony.

• Vehicular assault. An accident doesn’t automatically result in vehicular assault charges. Prosecutors must show that the driver’s intoxication caused another person to suffer serious bodily injury. Vehicular assault is a Class D felony, punishable by two to 12 years in prison and a fine of up to $5,000. A conviction can also result in a one-year license revocation. Drivers with certain prior alcohol-related convictions may face aggravated vehicular assault, a Class C felony.

• Vehicular homicide. When an impaired driver causes another person’s death, the driver may be charged with vehicular homicide by intoxication. This is a Class B felony carrying eight to 30 years in prison and a fine of up to $25,000. The court may impose these consequences in addition to other penalties arising from the crash. Prior DUI or vehicular assault may support an aggravated vehicular homicide charge, which carries even harsher penalties.

Nashville is a popular place for business conventions, conferences and tourism. If charged with drunk driving while visiting the city, you should work with a local Nashville DUI attorney who can help you navigate the criminal justice system discretely and efficiently. I will work to help you minimize the negative impact of these charges, possibly helping you avoid the need to return to town and endure extra expenses.

While you may feel uncertain about securing legal representation while visiting outside of your home state, you can rest assured that me and my team at McNally Law can provide the highest degree of defense counsel possible and help you expedite your proceedings as much as possible. We provide every client with comprehensive and personalized defense representation in DUI cases. It’s vital for out-of-state visitors to understand that if they are convicted of DUI while visiting Nashville, their penalties will follow them home.

We understand how difficult it can be to manage a legal case away from home, and you may feel stuck until your case concludes. My team and I will do everything we can to ensure your case proceeds as expeditiously as possible. We can also coordinate with attorneys in your home state should you require further legal assistance from us relating to your DUI case in Nashville after you return home.

After a DUI arrest in Nashville, police typically take the driver through booking and may require bail or other release conditions. The citation or release paperwork will list the first court date, which the driver must attend. Missing court can lead to another charge and a warrant.

At the arraignment, the court explains the charge and asks for a plea. The defense can then request police reports, body-cam or dashboard camera footage, chemical test results, and other evidence. An attorney may examine whether officers had a lawful reason for the stop and whether they followed proper testing and arrest procedures.

Before trial, the parties may attend hearings, discuss a possible plea agreement, or argue motions to exclude unreliable or unlawfully obtained evidence. If the case is not dismissed or resolved by agreement, it may proceed to trial.

A defendant should preserve all paperwork and avoid discussing the case online. Contacting an experienced attorney as soon as possible gives the defense more time to collect evidence, locate witnesses, and prepare for each court appearance.

Your right to drive, your financial security and even your career are at stake when facing drunk driving charges. Beyond the criminal and administrative penalties, a DUI or DWI comes with a stigma that can affect your job opportunities and other areas of your life. Many people underestimate the importance of having a skilled defense attorney when facing DUI charges, but I know how to protect your interests and shield you from additional financial and criminal repercussions.

I will help you determine every available defense in your case. First, my team will examine the circumstances of your arrest to determine whether the police followed due process. If the police violated your Constitutional rights in any way, failed to read you your Miranda rights during arrest, or otherwise failed to conduct a lawful arrest, these facts may very well be enough for me to have your case dismissed outright.

In the event the police conduct a lawful arrest for DUI and require you to take a chemical test, it is unlawful for you to refuse this test, and doing so will lead to an automatic suspension of your license. However, a positive chemical test does not automatically mean you will face conviction for DUI. It’s possible to challenge the manner in which the test was conducting or the findings of the laboratory responsible for handling and testing your chemical specimen. Our team has extensive experience in questioning the prosecution’s evidence and challenging the validity of chemical test results in DUI cases.

Even if you did commit a DUI offense, if it is your first offense, I can still potentially help you avoid the most severe penalties for DUI conviction in Tennessee or Kentucky. As your Nashville DUI attorney, I will thoroughly review all evidence in play and look for any inconsistencies with the prosecution’s evidence, procedural errors in the handling of your arrest, and any other exculpatory factors that would allow you to plead to lesser charges, avoiding a DUI conviction and reducing the severity of your penalties.

Q: How Much Does a DUI Lawyer Cost in TN?

A: The cost of a Nashville DUI lawyer in Tennessee depends on the case’s complexity, the attorney’s experience, and whether the charge is resolved through negotiations or goes to trial. Many lawyers charge a flat fee, while others bill hourly. Fees can also increase if the case involves repeat offenses, accidents, felony charges, motions, or a trial. Before you hire a DUI attorney, be sure to discuss their fee structure and what you could expect to pay.

Q: Is It Worth Challenging a DUI Charge?

A: Yes, it’s often worth challenging a DUI charge. The state’s DUI laws impose severe penalties for those convicted of driving while intoxicated, and a conviction can bring mandatory jail time, fines, license loss, higher insurance costs, and lasting effects on employment. What’s more, if you simply plead guilty and then receive another charge in the future, you’ll be facing even more serious consequences. Keep in mind, though, that a challenge doesn’t guarantee dismissal.

Q: How Can You Beat a DUI Charge in Tennessee?

A: To beat a DUI charge, you may need to challenge the prosecution’s case. This can include showing the traffic stop was unlawful, the officer lacked probable cause, or the state’s chemical testing was unreliable. Your DWI drunk driving defense lawyer may also present evidence such as surveillance footage, medical records, or independent test results to prove you were not in control of the vehicle or to suggest another cause of your state.

Q: When Does a DUI Become a Felony in Tennessee?

A: A DUI becomes a felony in Tennessee when it is a person’s fourth conviction or certain aggravating circumstances exist. A fourth DUI is a Class E felony, while a fifth is a Class D felony, and a sixth or later offense is a Class C felony. If an accident causes injury or death or involves a child, the charge could be elevated.

When you are facing any type of criminal conviction in the Nashville area, it is essential to secure legal counsel as soon as possible. While it may be tempting to simply represent yourself and navigate the legal system on your own, you should instead seek legal representation from an experienced private defense firm like McNally Law.

As your Nashville DUI attorney, I can help you prove that you did not commit a drunk driving charge or aid in your defense in a number of other ways, from discrediting the prosecution’s evidence to seeking full case dismissal in the event you experienced any violation of your Constitutional rights.

The sooner you secure defense counsel, the better your chances are of avoiding the harshest penalties that often follow a DUI conviction in Tennessee and Kentucky. My team and I will work diligently to help you craft the most viable defense possible and help you approach your case with greater confidence.

Nashville residents, visitors, and people throughout Tennessee and Kentucky can fill out my firm’s contact form for a free initial case evaluation. You can also call toll-free at 800-785-9546 or locally at 615-200-9559 to speak with a member of my team.