What Happens When You Get A DUI In Tennessee?

By Cesar Arbelaez

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Criminal Defense

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Last Modified on Dec 01, 2025

Getting pulled over after a night of indulgence can leave you feeling anxious about your future. The Tennessee DUI laws are strict, and there are various DUI penalties. You may wonder, “What Happens When You Get A DUI in Tennessee?” Depending on the circumstances of the charges, there are various possible outcomes. A skilled DUI attorney can review the facts of your case and offer tailored advice about your situation.

Hire a DUI Lawyer in Tennessee

DUI charges can have a profound impact on your life for years after the initial charges. Tennessee takes DUI cases seriously to ensure safer streets. When facing accusations, you need to take the charges seriously and hire a DUI lawyer to represent your rights and interests in court. For nearly a decade, The Law Office of Cesar Arbelaez has advocated for the rights of Tennessee residents.

DUI Prevalence in Tennessee

Information gathered by the Tennessee Department of Safety & Homeland Security examined DUI crashes from October 2024 to September 2025. There were a total of 6,562 drivers charged with DUI over that time period. Of those crashes that involved a DUI, 25% resulted in a fatality, while 14% resulted in a serious injury. DUI can happen at any age:

• 5.41% aged 15-19
• 44.32% aged 20-34
• 29.72% aged 35-49
• 15.41% aged 50-64
• 4.47% aged 65 and older

Timeline of a DUI Charge in Tennessee

Operating a motor vehicle while under the influence of alcohol or impaired by illicit or prescription drugs can result in a DUI charge. The Blood Alcohol Concentration (BAC) required to be considered impaired varies depending on the driver and the type of vehicle being driven. In general, charges can be filed if BAC is above:

• 0.08% drivers over 21
• 0.02% drivers under 21
• 0.04% for commercial vehicles and boats
• 0.20% aggravated DUI

The timeline of a DUI charge in Tennessee can vary. Typically, it goes as follows:

• Your first encounter with an officer is likely to be through a traffic stop or a DUI checkpoint. If officers have reason to believe you are driving impaired, they may administer field sobriety tests or a breathalyzer. Under implied consent laws, drivers are expected to comply with these requests. If you fail or refuse the breathalyzer test, the next step is being arrested.
• Once you have been arrested, you are taken to jail, where officers are likely to request a chemical test to verify the BAC. In jail, you should also be booked, including having your photos taken, fingerprinting, and the recording of your personal details. You may be released on your own recognizance, or bail may be set. A skilled DUI attorney can negotiate for lower or no bail.
• During arraignment, you enter an official plea. Conditions for your continued release may also be set.
• After a plea has been entered, you begin pre-trial hearings and motions for your DUI case. Each side exchanges evidence. The defense has an opportunity to request any relevant evidence the state has and can file motions to suppress evidence. At this point, the prosecution and defense may reach a plea agreement.
• If an agreement is not reached, the case then goes to trial. The defendant has the right to a jury trial, but can waive that right and have a judge hear the case. The length of the trial varies depending on the amount of evidence presented. A verdict is reached at the end of the trial.
• If the defendant is found guilty, an appeal can be filed.

FAQs About What Happens When You Get A DUI In Tennessee?

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

No, you do not lose your license immediately after a DUI in Tennessee. If you are pulled over and fail or refuse a breathalyzer or blood test, the officer may take your license, which is known as an on-the-spot suspension. You then receive a temporary paper license. You have to request a hearing to contest the revocation. A judge decides at the hearing whether to keep the suspension.

What Is an Ignition Interlock Device?

An ignition interlock device is a device that connects to a vehicle’s ignition system to prevent the vehicle from starting if it detects a BAC over a preset limit. The device must be professionally installed after the court orders it. The car’s owner is responsible for paying for the device and installation. The driver has to breathe into the installed breathalyzer before the car becomes drivable.

What Is the New Law in Tennessee for Drunk Driving?

Starting in 2024, two new laws in Tennessee could affect DUI charges. First, the BAC threshold for aggravated charges for a first-time offense has decreased from 0.20% to 0.15% leading to higher penalties for highly intoxicated drivers. Second, first-time DUI offenders can now avoid jail time and instead be sentenced to treatment programs or monitored sobriety programs based on the judge’s discretion.

Can I Get a Restricted License After a DUI Suspension in Tennessee?

Yes, there is an opportunity to get a restricted license after a DUI suspension in Tennessee if you meet certain criteria. Specifically, that your suspension has lasted longer than 30 days, you have no other suspensions, you have valid proof of insurance, and you must prove that driving is essential for getting to or from work, attending school or religious services, or obtaining required medical care.

Do I Have to Consent to a Breathalyzer Test in Tennessee?

No, you do not have to consent to a breathalyzer test in Tennessee, but there are consequences for refusing to take a breathalyzer test. When you hold a Tennessee driver’s license, you agree to implied consent laws that give officers the right to take a breathalyzer test if they suspect drunk driving. The penalty for refusing the test is revocation of your driver’s license for one to five years, depending on the number of offenses and aggravating circumstances.

Contact The Music City Defender

The Law Office of Cesar Arbelaez offers experienced, compassionate, and results-driven representation in all DUI cases. Tennessee DUI laws can be complicated, but having an attorney to help you understand these laws and build a solid defense is crucial when facing DUI charges. Contact The Law Office of Cesar Arbelaez to schedule your confidential consultation.