The excitement of ringing in the New Year can quickly turn to a stressful and overwhelming experience if you find yourself facing a DUI charge in Chattanooga. Whether you’re celebrating with friends at a party or just out for a late-night drive, getting arrested for driving under the influence (DUI) can be a life-changing event. In this guide, we will walk you through what typically happens in the first 72 hours after your DUI arrest, helping you understand the process, your rights, and what steps you need to take to move forward.

1. The DUI Arrest: What Happens Immediately

When you are arrested for DUI in Chattanooga, the process begins with the arrest itself. During New Year’s Eve or early morning on January 1st, local law enforcement will be on heightened alert for impaired drivers. If a police officer stops you for a traffic violation and suspects that you’re driving under the influence, they may ask you to step out of your vehicle to perform a series of field sobriety tests. These tests typically include tasks like walking in a straight line, standing on one leg, or following a pen with your eyes. If you fail these tests or show signs of impairment, the officer may place you under arrest. You will then be taken to the police station, where you will undergo the booking process. This is where personal information, like your name and address, will be recorded, and any personal items will be confiscated. You will also be asked to take a breathalyzer or other chemical test to determine your blood alcohol concentration (BAC). In Tennessee, if you refuse to take the test, you will face an automatic suspension of your driver’s license for one year. Even if you pass the breathalyzer or blood test, you may still face charges based on the officer’s observations of impairment.

2. Being Held in Custody: The First 24 Hours

After your arrest, you will likely be held in the Hamilton County Jail until your bail is set. Depending on your case, this could take anywhere from several hours to up to 24 hours. In many cases, DUI suspects are given a bond hearing, where the judge will determine whether you are eligible for release and what amount your bail will be. Bail is a financial arrangement that allows you to be released from jail while you await your court date. If the judge decides that you are a flight risk or poses a danger to the public, you may be held without bond.

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Best

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Brock

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Spitalny

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Crosby

If you can post bail, you will be released and allowed to return home. If not, you will remain in custody until your first court appearance, which will typically happen within 48 hours of your arrest. While you are waiting, it is crucial to contact a skilled DUI attorney as soon as possible. The sooner you have legal representation, the better your chances of protecting your rights and building a strong defense for your case.

3. First Court Appearance: The Arraignment

Your first official interaction with the court will take place at your arraignment, which usually happens within 48 to 72 hours of your arrest. The arraignment is where you will formally be charged with DUI, and you will have the opportunity to enter your plea. At this stage, you will be informed of the specific charges against you, and the court will schedule your next steps in the legal process. During the arraignment, the judge will also determine whether you can remain free on bail or if additional conditions need to be set for your release. In some cases, the judge may order that you participate in a substance abuse assessment, or they may impose restrictions, such as surrendering your passport or limiting travel. If you have not already hired a DUI attorney, this is a critical time to ensure you have legal representation. A skilled lawyer can advise you on whether to plead guilty, not guilty, or no contest, depending on the circumstances of your case. If you enter a “not guilty” plea, the judge will schedule a hearing date for your trial. However, if you choose to plead guilty or no contest, you may face sentencing immediately. It is essential to understand the potential consequences of each option and discuss them with your attorney before making any decisions.

Garth Best was extremely helpful in my case. He explored and explained everything to me clearly and never stopped checking out every option. I am absolutely grateful I chose him as my attorney. Best and Brock are a great choice for representation. Thanks again.

- Jeremy Forgey

Matt Brock did an outstanding job with my case. Very thorough and knowledgeable attorney, highly recommended. Its very obvious through my interactions with him that he has the experience and knowledge to win in court. I will not go anywhere else. Great job, much appreciated.

- Chris Griffin

4. Post-Arraignment: Preparing for Trial or Plea Negotiation

Once your arraignment is over, the legal process will either move toward a trial or negotiation for a plea deal. If you plead not guilty, your attorney will begin working on your defense. In some cases, the prosecution may offer a plea deal to reduce the charges or penalties in exchange for a guilty plea. If you decide to accept a plea deal, it is critical that you fully understand the consequences, including fines, license suspension, or potential jail time. In many DUI cases, the defendant may be offered a diversion program, particularly if it’s a first offense. This program typically includes attending alcohol education classes, community service, and paying fines. Completing the diversion program may result in a reduction or dismissal of the charges, but not all DUI cases are eligible for this. Your attorney will help you gather evidence, question witnesses, and explore possible defenses to reduce the severity of your charges. Some defenses might include challenging the validity of the traffic stop, questioning the accuracy of the breathalyzer test, or providing proof that you were not impaired at the time of the arrest. In other situations, your attorney might seek to negotiate a plea deal that offers reduced penalties in exchange for a guilty plea.

5. Dealing with the Consequences of a DUI Conviction

If you are convicted of DUI in Chattanooga, the consequences can be severe, especially if this is not your first offense. Tennessee imposes strict penalties for DUI convictions, including mandatory fines, driver’s license suspension, and possible jail time. The severity of these penalties can vary depending on factors like your BAC at the time of arrest, whether you caused an accident, or whether you have prior DUI convictions. For a first-time DUI offense, you may face up to 11 months and 29 days in jail, fines of up to $1,500, and a driver’s license suspension of up to one year. If you have a high BAC or if there are aggravating circumstances, such as a child passenger in the vehicle, you may face more severe penalties. Additionally, repeat DUI offenders can face significantly harsher sentences, including longer license suspensions, longer jail terms, and larger fines. It is important to note that Tennessee law requires the installation of an ignition interlock device for individuals convicted of DUI, especially for repeat offenders or those with high BACs. This device prevents a vehicle from starting if alcohol is detected on the driver’s breath. The cost of the device, as well as ongoing monitoring fees, can add up quickly, creating a significant financial burden.

6. What to Do Next?

If you’ve been arrested for DUI in Chattanooga, it’s vital to act quickly. The first 72 hours can set the tone for your entire case, and having the right legal representation can make all the difference in the outcome. Contact Best and Brock for a free consultation to discuss your case and learn about the next steps. Our experienced DUI attorneys understand the complexities of Tennessee’s DUI laws and will work with you to ensure that your rights are protected and that you have the best chance of a favorable outcome. From reviewing the details of your arrest to negotiating with the prosecution, we are here to guide you through every step of the legal process.

(423) 829-1043

(423) 829-1043

DUI

New Year’s DUI in Chattanooga: What Happens in the First 72 Hours

1. The DUI Arrest: What Happens Immediately