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A first DUI can involve decisions that are new to someone who has never dealt with the criminal court system. At Killen Law, clients work directly with their attorney to discuss the allegations, potential consequences, and questions that matter to their particular situation.
With a long-standing Nashville law practice representing clients in DUI and criminal matters, the firm is familiar with Tennessee DUI law and the local court system. The practice stays current with changes in the law and approaches each matter based on its individual circumstances rather than relying on a one-size-fits-all approach.
If you are facing a first DUI in Nashville or Middle Tennessee, contact us to discuss your situation. You will get clear information about what the charge means, what issues need to be addressed, and what to consider before deciding how to proceed.
Tennessee treats a first DUI as a misdemeanor offense with specific penalties established by state law. While a first offense is treated differently from subsequent DUI offenses, a conviction can still carry significant legal requirements.
The sections below explain how Tennessee law defines DUI, the penalties that may apply to a first conviction, and other requirements that can follow.
Tennessee treats a first DUI as a misdemeanor offense. A conviction can result in several different penalties, and some consequences continue after the sentence imposed by the court.
Under Tennessee law, a person may be charged with DUI when driving or being in physical control of a vehicle while under the influence of an intoxicant, marijuana, controlled substance, drug, or other substance that affects the person’s ability to safely operate the vehicle.
For most adult drivers, an alcohol concentration of 0.08% or more in the person’s blood or breath can also constitute DUI.
A charge is an allegation. It does not by itself establish that a person committed the offense or that a conviction will result.
A first DUI conviction can include:
Jail: 48 hours to 11 months and 29 days
Fine: $350 to $1,500
License: One-year driver’s license revocation
Ignition Interlock: An ignition interlock device may be required under circumstances provided by Tennessee law
Additional Requirements: A conviction may also involve court costs, treatment or education requirements, and other conditions imposed under Tennessee law
The particular circumstances of the offense can affect the consequences that apply.
For many people, losing the ability to drive is one of the most immediate concerns following a DUI conviction.
A first DUI conviction generally carries a one-year driver’s license revocation. Tennessee law also provides circumstances under which a person may be able to obtain restricted driving privileges.
Depending on the circumstances, restricted driving may involve an ignition interlock device and other requirements.
Because driving restrictions can affect work, school, family obligations, and everyday transportation, understanding the rules that apply to your situation is important.
The cost of a DUI does not necessarily end with the court-imposed fine.
Depending on the circumstances, someone dealing with a first DUI may also encounter expenses associated with:
The effects of a DUI can continue well beyond the initial court proceedings. A conviction can involve financial obligations, restrictions on driving, and other requirements that may affect everyday life after the sentence has been completed. For someone who has never had a criminal conviction, the lasting nature of those consequences can be an important consideration when deciding how to approach the charge.
A DUI conviction in Tennessee also does not simply disappear from a person’s criminal record after a certain amount of time. Tennessee law generally does not allow a DUI conviction to be expunged, meaning a conviction can remain part of the person’s criminal history rather than being removed once the sentence or waiting period has ended. This makes the distinction between being charged with DUI and being convicted especially important. A charge that is dismissed, results in an acquittal, or otherwise qualifies for expungement can be treated differently under Tennessee law.
Because a conviction can have consequences long after the original arrest, the decisions made while a DUI charge is pending can have significance beyond the immediate penalties. Understanding the possible outcomes and their lasting effects is an important part of deciding how to proceed.
For someone who has never been arrested or charged with a crime, a DUI can raise practical questions from the beginning. There may be uncertainty about court appearances, paperwork, driving privileges, and what is expected as the matter moves forward. Even basic legal terms and procedures may be new.
An attorney can explain what the charge means, what requirements may apply, and what decisions may need to be made. This can include discussing potential penalties, driving restrictions, and the possible consequences of different ways of resolving the charge. Having that information early can help you make decisions based on a clearer understanding of what lies ahead.
