Best DUI & DWI Lawyers in Nashville

About DUI & DWI Law in Nashville, United States

DUI and DWI generally refer to crimes for operating a motor vehicle while impaired by alcohol or drugs. In Tennessee - including Nashville and Davidson County - the common statutory term is Driving Under the Influence, or DUI. Many people still see the terms used together - DUI and DWI - so both appear in everyday conversation. DUI law covers impairment from alcohol, illegal drugs, prescription medications, and combinations of substances. Penalties and administrative consequences can include fines, jail time, license suspension, mandatory treatment or education programs, ignition-interlock requirements, and long-term effects on employment and insurance.

Why You May Need a Lawyer

A lawyer can protect your rights and help you navigate both the criminal case and the separate administrative license process. Common situations where legal help is valuable include:

• You were arrested on suspicion of DUI after a traffic stop, accident, or sobriety checkpoint.
• You refused a breath, blood, or urine test and face an implied-consent suspension.
• Your case involves injury, property damage, or death - which can raise the potential for felony charges or enhanced penalties.
• You have prior DUI convictions that could enhance penalties for a new charge.
• You believe the stop, arrest, or testing was unlawful, or that procedures and equipment were not followed correctly.
• You need help securing a restricted or hardship license, or obtaining an ignition-interlock installation.
• You are a commercial driver or under 21 and face special rules and harsher consequences.

Experienced DUI attorneys know local prosecutors, judges, and the Davidson County court procedures. They can evaluate evidence, advise on plea and diversion options, represent you at hearings, and help minimize consequences where possible.

Local Laws Overview

Key aspects of Tennessee DUI law that matter for people in Nashville include:

• Blood alcohol concentration - The legal per se limit for drivers 21 and older is 0.08 percent. Commercial drivers are held to a 0.04 percent limit. Drivers under 21 are subject to a low-tolerance standard - generally 0.02 percent or greater can lead to consequences.
• Implied consent - By driving in Tennessee you consent to chemical testing if lawfully arrested for DUI. Refusing a requested breath, blood, or urine test can trigger an immediate administrative license suspension through the Department of Safety and Homeland Security. Administrative suspension and the criminal DUI case are separate processes.
• Administrative hearings - You typically have a short window of time to request an administrative hearing to contest a license suspension. Missing the deadline can lead to automatic loss of driving privileges. Make sure to act promptly to preserve hearing rights.
• Enhanced and aggravated offenses - Higher BAC levels and prior convictions affect penalties. Tennessee law provides for aggravated DUI and enhanced sentencing for very high BAC or repeat offenders. DUI that causes serious injury or death can result in more serious felony charges such as vehicular assault or vehicular homicide.
• Chemical testing methods - Breath tests are commonly used by law enforcement. Blood tests are used when breath testing is unavailable or when more accurate results are sought. Procedures for sample collection, chain of custody, and device calibration can be grounds to challenge test results if protocols were not followed.
• Field sobriety tests - Standardized field sobriety tests include horizontal gaze nystagmus, walk-and-turn, and one-leg stand. These are observational and can be challenged for officer error, medical conditions, or poor testing conditions.
• Ignition-interlock devices - Courts or the Department of Safety may require an ignition-interlock device as a condition for restricted driving privileges. Requirements vary by the case facts and prior history.
• Checkpoints and stops - Tennessee law generally allows sobriety checkpoints under controlled procedures recognized by courts, but specific practices and justifications are critical and can affect admissibility of evidence.

Because statutes, administrative rules, and local procedures can change, consult an attorney for the most up-to-date, case-specific advice.

Frequently Asked Questions

What is the difference between DUI and DWI in Tennessee?

In Tennessee, the statutory term most commonly used is DUI - Driving Under the Influence. DWI is an older or alternate term used in other states. Both terms refer to operating a vehicle while impaired by alcohol or drugs. The practical elements to prove impairment are similar across jurisdictions, but always check the local statute name when reviewing charges.

What blood alcohol concentration (BAC) level is illegal?

The general per se limit for drivers 21 and older is 0.08 percent BAC. Commercial drivers face a stricter 0.04 percent limit. Drivers under 21 can face penalties at very low levels - typically 0.02 percent or higher under zero-tolerance rules for underage drinking and driving.

Can I be arrested for DUI if my BAC is below 0.08?

Yes. A driver can be charged with DUI if the officer believes the driver is impaired by alcohol or drugs even if the BAC is below 0.08. Evidence of impairment can include driving behavior, field sobriety test results, admissions to drinking, or evidence of drug use.

What happens if I refuse a breath or blood test?

Tennessee has an implied-consent law. Refusing a lawful request for a chemical test typically triggers an administrative license suspension. That administrative process is separate from any criminal charge. You generally have a limited time to request an administrative hearing to contest the suspension, so act quickly if you refuse a test.

Can police force me to provide a blood sample?

Officers may seek a blood sample when authorized by a warrant, when exigent circumstances exist, or under state statutory provisions. Police may obtain a warrant based on probable cause. Procedures and legal standards apply, and courts will review whether the blood draw was lawful. An attorney can examine the facts and challenge improper searches or seizures.

Will I lose my driver license after a DUI arrest?

Arrest for DUI can trigger immediate administrative action against your license through the Department of Safety. Additionally, a criminal conviction often leads to a court-ordered suspension or other driving restrictions. You may be eligible for a restricted hardship license or ignition-interlock-based driving privileges depending on the case and local rules.

Do I need a lawyer for a first-time DUI?

While some people handle first-time DUI cases without counsel, there are many procedural, technical, and strategic issues that a lawyer can address - such as challenging stops or tests, negotiating plea agreements, or preserving driving privileges. A lawyer can frequently reduce penalties or help you access alternatives such as diversion or treatment programs.

What are potential penalties for a DUI conviction?

Penalties vary with factors like BAC, prior convictions, and whether injury or death occurred. Possible penalties include fines, jail time, probation, community service, mandatory alcohol education or treatment, license suspension, and ignition-interlock requirements. Aggravated or repeat offenses carry heavier penalties and may be charged as felonies in serious cases.

How does a DUI affect my insurance and employment?

A DUI conviction commonly raises auto insurance premiums and may lead to policy cancellation. Employment consequences depend on your job and employer policies - jobs that require driving or a clean criminal record can be at greater risk. Some professional licenses may also be affected by DUI convictions.

What should I do immediately after a DUI arrest?

Do not discuss the details of your case on social media. Ask for an attorney and remain polite but avoid giving long statements. If you refused testing, note the deadline to request an administrative hearing and do so promptly to protect your driving privileges. Gather any evidence you can remember about the stop, witnesses, and testing. Contact a qualified DUI attorney experienced with Nashville and Davidson County courts as soon as possible.

Additional Resources

These organizations and government bodies can be helpful starting points for information and assistance:

• Tennessee Department of Safety and Homeland Security - driver license and administrative hearing information.
• Davidson County courts and clerk offices - information about local court procedures and filing requirements.
• Tennessee Bureau of Investigation and local police departments - for details on arrest reports and evidence.
• Tennessee Bar Association - directories to find licensed attorneys in Tennessee by practice area.
• Mothers Against Drunk Driving - support and education for victims and those seeking help to avoid repeat offenses.
• Local legal aid and public defender offices - for information on representation if you cannot afford private counsel.
• Licensed substance abuse treatment and DUI education programs in Tennessee - for court-ordered or voluntary treatment options.

Contact the named agencies or organizations directly to find current procedures, forms, and program availability in Nashville and Davidson County.

Next Steps

If you are facing a DUI situation in Nashville, consider these practical next steps:

• Preserve deadlines - identify and meet any short deadlines, especially for administrative license hearings. Missing a deadline can have automatic and lasting consequences.
• Contact a qualified DUI attorney - look for counsel experienced in Tennessee law and Nashville/Davidson County practice. An attorney can advise both on the criminal case and the administrative processes.
• Collect information - keep your arrest paperwork, citations, and any medical or witness information. Note names of officers and any observers if you can recall them.
• Avoid discussing the case publicly - do not post about the arrest on social media or speak at length to others about the details without your lawyer present.
• Consider treatment and education - voluntary enrollment in alcohol education or treatment programs can be helpful both practically and in court negotiations.
• Plan for transportation - arrange alternative transportation during any period of suspension or restricted driving.
• Ask about diversion or alternative programs - depending on your circumstances, attorney negotiation may lead to diversion, reduced charges, or programs that limit long-term consequences.

Facing a DUI is stressful, but acting promptly, preserving your rights, and seeking experienced legal advice are the most important steps to protect your interests. An attorney familiar with Nashville and Davidson County procedures can give case-specific guidance and represent you through both the criminal and administrative processes.