What Happens After You Get a DUI in Tennessee?

Driving under the influence (DUI) is a serious crime to be accused of. The process of any arrest can be scary, with DUIs potentially carrying lasting consequences. You may be wondering, “What happens after you get a DUI in Tennessee?” McNally Law is here to help you understand how most DUI cases work.

About Us

Our team at McNally Law has the knowledge and experience needed for your DUI case. Our founder, Patrick McNally, has been practicing law for over 35 years, litigating cases that range from local Nashville disputes to victories for clients before the United States Supreme Court. He has received several honors, such as an AV Preeminent rating by Martindale-Hubbell, the highest rating possible from the 150-year-old organization.

Tennessee DUI Definitions

Driving under the influence is defined as operating a motorized vehicle while affected by controlled substances. The legal limit for blood alcohol content (BAC) is 0.08% for personal use vehicles, and 0.04% for commercial vehicles. Other controlled or illicit substances have zero tolerance levels, making it illegal to drive with any amount in your system. DUIs are a pressing public health concern in Tennessee, as the state has one of the highest rates in the country.

DUI Stop & Arrest

What happens in your Tennessee DUI case begins with the initial stop. The police officer will administer a variety of field, breath, or blood tests. It is vital to take each chemical test, as Tennessee has implied consent laws around DUI traffic stops. Refusing to take a chemical test may result in automatic arrest and license suspension. If your tests show intoxication, you will be arrested and brought to jail.

Your time spent in jail depends on your driving history. A first-time DUI carries a minimum of 48 hours of jail time, or seven consecutive days if the BAC at arrest was 0.20% or higher. Cooperate with the police throughout the booking process and refrain from antagonistic behavior.

How you get released from jail depends on the details of the case. The most common release method is to pay bail. If you are a first-time offender and there are no aggravating factors, you may be released on your recognizance without paying a bond. Your license may be revoked, and you’ll receive details of your upcoming court hearing. If you lose the information, you can look it up on the Nashville Metro and Davidson County website.

Court Hearing & DUI Penalties

Your court hearing, known as an arraignment, is set soon after your arrest. During arraignment, the judge will state your charges and give you an option to plead guilty, not guilty, or no contest. Negotiations start based on your answer to the charges. A vast majority of cases are resolved during this step, with 90-95% of all DUI cases resulting in a plea deal. If no plea bargain is reached, the case continues to trial.

The penalties for your DUI case rely on the bargain reached, any pre-existing DUIs or criminal record, and other factors involved in your case. A first-time offender pulled over will likely face lighter punishment than a multiple DUI offender who hurts someone while intoxicated. Potential penalties include:

• Jail time
• Fines
• Installation of an ignition interlock device
• License revocation
• Towing charges

Oftentimes, a DUI course is required to get your license back. Tennessee uses the Prime For Life 12-hour model, with Davidson County’s sheriff department providing a form for in-person or online programs.

Hire a DUI Lawyer

Going through a DUI case on your own can be difficult. You may not have the wherewithal or background knowledge to know how to get a favorable plea deal. Before your court hearing, either in custody or upon release, hire a DUI lawyer to help in every step of the process.

A Nashville DUI attorney can make a major difference in your circumstances. Your DUI Lawyer can benefit your case in many ways, from getting fines and jail time lowered to convincing the judge to reduce the DUI to a lesser charge. DUIs stay on your record, so having your charges modified or removed can save you from trouble in the future.

FAQs

Q: What if You are Falsely Arrested for a DUI in Nashville?

A: You may be confused about what options you have if you are falsely arrested for a DUI in Nashville. Local news station Fox 17 found that there were more than 600 sober DUI arrests made in the past seven years. If you are falsely arrested for a DUI, speak with a DUI attorney to discuss your legal options and possible claims.

Q: What Penalties Do First-Time DUI Offenders Face in Tennessee?

A: First-time DUI offenders in Tennessee face penalties based on case details and state code. A first-time DUI arrest carries a mandatory 48-hour jail stay, or seven days if BAC was .20% or above. You may be required to attend a drug and alcohol treatment program and be subjected to a one-year license revocation, as well as a $350-$1,500 fine and additional fees. The average total cost for first-time DUI offenders in Tennessee is $4,900.

Q: How Much Does a DUI Attorney Cost in Tennessee?

A: The cost of a DUI attorney depends on the severity of your charges and the complexity of your case. A first-time offender who is pulled over without causing harm may be charged less than a fourth-time offender involved in a multi-car accident. The cost of a DUI attorney may seem daunting, but it can pay off in the end.

Q: Do You Lose Your License Immediately After a DUI in Tennessee?

A: A common concern for people pulled over in Tennessee DUI cases is whether they will lose their license right away. Your license is not revoked when pulled over, and is only taken after a test refusal or failure. Once arrested, you can receive a temporary permit as long as you follow court orders.

Contact a DUI Lawyer Today

McNally Law knows that one bad night does not define a person. Contact us today for a consultation so we can learn your story. You may also visit our Nashville office, located on Burton Hills Boulevard right off the Hillsboro Pike.