DUI Lawyer in Gallatin, TN
01. DUI Defense
What a First DUI Can Mean in Tennessee
A DUI arrest starts two problems at once: the criminal charge in court and the effect on your driver's license. Talk to a lawyer before your first court date.
Jail. A first DUI carries at least 48 consecutive hours in jail, and at least 7 days if the blood alcohol test was 0.15% or higher (Tenn. Code Ann. § 55-10-402).
Your record. Fines, court costs and a conviction on your record. A DUI conviction cannot be expunged in Tennessee.
Your license. A first conviction brings a one-year loss of driving privileges (Tenn. Code Ann. § 55-10-404). During that year you can ask the court for a restricted license. If your test was 0.08% or higher, the restricted license requires an ignition interlock device; otherwise it may be limited to driving for work, school, treatment and similar purposes (Tenn. Code Ann. § 55-10-409).
Refusing a breath or blood test. Under Tennessee's implied consent law, refusing a test is a separate civil violation that can suspend your license even if the DUI charge is later dismissed (Tenn. Code Ann. § 55-10-406). For refusals on or after January 1, 2026, a first refusal with no DUI, vehicular assault or vehicular homicide conviction in the past 10 years carries an 18-month suspension; with a prior conviction it is 2 years. The 2026 law also added oral fluid (saliva) testing.
What We Look At in a DUI Case
• Why you were stopped, and whether the stop was lawful.
• How field sobriety tests were given and recorded.
• Breath or blood test results, and how and when the sample was taken.
• Patrol car and body camera video.
How the case moves. DUI cases start in General Sessions Court in the county where you were charged. If the case is not resolved there, it can be bound over to the grand jury and move to Criminal Court (Sumner, Davidson) or Circuit Court (Wilson, Robertson, Williamson). We stay with you through settlement or trial.
Facing a different charge? See our criminal defense page, or read about expungement for charges that were dismissed.
Call (615) 997-7618. Arrested after hours? Send us a message and we are notified right away.
