Tennessee DUI Legal Process

Matt Brock is one of only three ACS-CHAL Forensic Lawyer-Scientists in Tennessee and Georgia, earning this distinction in 2024.

A DUI case in Tennessee can involve several stages, beginning with the traffic stop or investigation and continuing through arrest, chemical testing, court appearances, evidence review, negotiations, motions, trial, and sentencing if there is a conviction.

The exact path depends on the charge, the evidence, whether the defendant waives certain procedural rights, and whether the case is resolved in General Sessions Court or proceeds to a court of record. Understanding those stages can help a person know what to expect and where important legal issues may arise.

1. The DUI Stop and Investigation

A Tennessee DUI case often begins with a traffic stop, a crash investigation, a checkpoint, or another encounter with law enforcement. Officers may observe driving behavior, appearance, speech, balance, odor, statements, or other facts they believe suggest impairment.

During the investigation, an officer may ask a driver to perform field sobriety tests or may seek breath, blood, or other chemical evidence. The legality of the initial stop, the officer’s observations, the administration of sobriety testing, and the circumstances leading to an arrest may later become important issues in the defense.

Tennessee law prohibits driving or being in physical control of a motor vehicle while impaired by alcohol, drugs, or certain other substances. It also prohibits driving with a blood or breath alcohol concentration of 0.08% or more for most adult drivers.

2. DUI Arrest and Probable Cause

Before making a DUI arrest, law enforcement must have probable cause to believe an offense has occurred. Probable cause is evaluated from the facts known to the officer at the time of the arrest.

A defense attorney may review the reason for the stop, body-camera or dash-camera footage, field sobriety testing, witness accounts, statements, chemical-test evidence, and other information to determine whether the arrest and evidence collection complied with the law.

An unlawful stop or arrest does not automatically mean that every DUI charge will be dismissed. The legal question is often whether particular evidence was obtained in violation of constitutional or statutory requirements and whether that evidence may be suppressed.

3. Breath and Blood Testing in Tennessee

Tennessee’s implied-consent law addresses breath and blood testing in DUI investigations. A law-enforcement officer with probable cause may request testing under the circumstances permitted by Tenn. Code Ann. § 55-10-406.

The rules for breath tests and blood tests are not identical. Depending on the circumstances, testing may be based on implied consent, actual consent, a search warrant, a lawful arrest in circumstances authorized by statute, or an applicable warrant exception.

Refusing a lawfully requested test can create separate license consequences under Tennessee’s implied-consent law. Whether a refusal occurred, whether the required warnings were given, and whether the testing request complied with the statute may all be reviewed in the case.

4. Booking, Bond, and the First Court Appearance

After an arrest, a person may be booked and brought before a judicial officer. Bond and release conditions can be addressed during the early stages of the case.

The first court appearance should not automatically be described as an arraignment. Tennessee criminal cases can involve an initial appearance, preliminary proceedings in General Sessions Court, and later an arraignment after indictment or presentment if the case proceeds to a court of record.

At an arraignment, the defendant is formally informed of the indictment, presentment, or information and called upon to enter a plea.

5. General Sessions Court and the Preliminary Hearing

Many Tennessee DUI cases begin in General Sessions Court. A defendant arrested or served with a criminal summons before indictment or presentment generally has a right to a preliminary hearing unless that right is properly waived or another recognized exception applies.

At a preliminary hearing, the issue is not whether the state has proven guilt beyond a reasonable doubt. The judge determines whether probable cause exists to continue the prosecution. If probable cause is found in a case that must proceed to a court of record, the matter may be bound over for consideration by the grand jury.

A misdemeanor DUI may also be resolved finally in General Sessions Court in certain circumstances. Tennessee law permits General Sessions Court to enter final judgment in a misdemeanor case when the defendant enters a written guilty plea or requests a trial on the merits and expressly waives indictment, presentment, grand-jury investigation, and jury trial as required by law.

6. Grand Jury and Criminal Court

If a DUI case is not finally resolved in General Sessions Court and proceeds beyond the preliminary stage, it may be presented to a grand jury. The grand jury determines whether sufficient probable cause exists to return an indictment.

After an indictment or presentment, the case proceeds in a court of record. The defendant is arraigned, enters a plea, and the case moves into the pretrial phase.

An indictment is not a conviction. The state must still prove the charge beyond a reasonable doubt if the case ultimately goes to trial.

7. Discovery and Reviewing the Evidence

During the pretrial process, the defense may obtain and review evidence relevant to the prosecution. Depending on the case, that may include:

• Police reports
• Body-camera and dash-camera video
• Traffic or surveillance video
• Field sobriety test evidence
• Breath or blood test results
• Laboratory documentation
• Witness statements
• Photographs
• 911 recordings
• Other evidence obtained by law enforcement

Evidence review can reveal factual inconsistencies, testing issues, constitutional questions, or procedural problems that affect how a case should be defended.

8. Pretrial Motions

A DUI defense may involve pretrial motions addressing evidence or legal issues. For example, the defense may challenge whether the traffic stop was lawful, whether probable cause supported the arrest, whether a search complied with constitutional requirements, or whether particular evidence should be admitted at trial.

The motions appropriate in a case depend on the actual evidence. Not every DUI case presents a valid suppression or dismissal issue.

9. Plea Negotiations or Trial

Some DUI cases are resolved through negotiated agreements. Others proceed to trial. A defendant should evaluate any proposed resolution based on the evidence, possible penalties, collateral consequences, and the risks of trial.

If the case proceeds to trial in a court where the defendant retains the right to a jury, the state must prove each required element of the DUI charge beyond a reasonable doubt. The defense may cross-examine prosecution witnesses, challenge the state’s evidence, and present admissible defense evidence.

No attorney can guarantee that a DUI charge will be dismissed, reduced, or resolved in a particular way.

10. Sentencing After a Tennessee DUI Conviction

A DUI conviction carries mandatory consequences under Tennessee law. For a first-offense DUI, Tenn. Code Ann. § 55-10-402 generally requires at least 48 consecutive hours in jail and allows a sentence of up to 11 months and 29 days. If the person’s blood alcohol concentration is 0.15% or higher, the minimum confinement for a first offense increases to seven consecutive days.

A first DUI conviction also carries a one-year prohibition on driving under Tenn. Code Ann. § 55-10-404. Restricted driving privileges may be available in many cases under § 55-10-409, subject to eligibility requirements, ignition-interlock requirements, and any restrictions imposed by the court.

Additional consequences can include fines, probation requirements, alcohol or drug education or treatment, ignition-interlock requirements, and other court-ordered conditions. Penalties become more severe for repeat DUI convictions and for cases involving aggravating circumstances.

How Best And Brock Can Help With the Tennessee DUI Process

A DUI case can involve constitutional issues, testing procedures, court deadlines, license consequences, and mandatory sentencing provisions. A defense attorney can review the circumstances of the stop and arrest, obtain and analyze available evidence, evaluate chemical testing, identify appropriate motions, discuss possible resolutions, and prepare the case for trial when necessary.

If you have been arrested for DUI in Chattanooga or elsewhere in Southeast Tennessee, Best And Brock can review the specific facts of your case and explain what stage of the process comes next.