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What Happens After a DUI Arrest in Sumner County?

kyleneross
1 hour ago
5 min read

After a DUI arrest in Sumner County, you are booked, a judicial officer sets your bond, and your case starts in Sumner County General Sessions Court in Gallatin. Your driver's license is affected on two tracks: the DUI charge itself and, if you refused a breath or blood test, a separate implied consent charge. Here is the timeline, step by step, under current Tennessee law.

Step 1: The stop, the arrest and the test

Every driver in Tennessee is treated as having agreed in advance to breath or blood testing for alcohol or drugs (Tenn. Code Ann. § 55-10-406). An officer can ask you to take a test when there is probable cause to believe you were driving under the influence.

Two changes took effect January 1, 2026 (Public Chapter 403 of 2025):

  • Oral fluid (saliva) testing was added as another way to test.

  • Longer refusal suspensions. A first refusal, with no DUI, vehicular assault or vehicular homicide conviction in the past 10 years, now carries an 18-month license suspension instead of one year. With a prior conviction, it is 2 years (Tenn. Code Ann. § 55-10-406).

The 2025 law also says a driver who refuses must be charged with the refusal even if police later get a blood sample with a search warrant or by other lawful means.

Step 2: Booking and bond

After arrest you are taken to jail and brought before a magistrate "without unnecessary delay" (Tenn. R. Crim. P. 5). In Sumner County, judicial commissioners issue arrest warrants and set appearance bonds and release conditions, and the county says they work around the clock, including nights, weekends and holidays. The Sheriff's Office and jail are at 117 W. Smith Street in Gallatin.

Tennessee law says everyone charged with a non-capital crime is entitled to bail before trial (Tenn. Code Ann. § 40-11-102). Extra conditions can apply to a DUI charge when you have a prior DUI:

  • The court may have to require an ignition interlock as a bond condition (Tenn. Code Ann. § 40-11-118(d)).

  • For people with prior convictions, the court must consider special conditions such as alcohol monitoring devices or electronic monitoring with testing.

  • On a third or later DUI involving alcohol, the judge or magistrate must order a transdermal alcohol monitor for at least 90 days after release (Tenn. Code Ann. § 40-11-118(f)).

Read your bond papers closely. They list your first court date and your release conditions. Breaking a condition can put you back in jail.

Step 3: Your first court date in General Sessions

Misdemeanor DUI cases in Sumner County start in Sumner County General Sessions Court. The clerk's office is at 155 East Main Street, Gallatin. General Sessions handles misdemeanors and preliminary hearings in felony cases.

At the first appearance you can ask for an appointed lawyer if you cannot afford one. If the case is not resolved in General Sessions, it can be bound over to the grand jury and move to Sumner County Criminal Court. Our General Sessions court guide explains what happens at that first date.

If you were charged with refusing a test, the court usually decides that charge at the same time as the DUI, or at the first appearance or preliminary hearing in General Sessions (Tenn. Code Ann. § 55-10-406).

Talk to a Lawyer Today

Call (615) 997-7618 to talk with Kylene Ross or Chloe Hawes about your situation. Arrested after hours? Send us a message and we are notified right away.

Step 4: Your driver's license

  • Refusal. A refusal can lead to a license suspension even if the DUI charge is later dismissed (Tenn. Code Ann. § 55-10-406).

  • Conviction. A first DUI conviction means you cannot drive for one year. A second is 2 years, a third 6 years, and a fourth or later 8 years (Tenn. Code Ann. § 55-10-404).

  • Restricted license. In many cases you can ask the court for a restricted license during that time, often with an ignition interlock (Tenn. Code Ann. § 55-10-409). See our article on getting a restricted license after a DUI.

Step 5: Possible outcomes

Every case is different, and no lawyer can promise a result. Under Tennessee law, the possible outcomes include:

  • Dismissal, for example if the stop or the testing does not hold up.

  • A plea to a different charge, if the prosecutor agrees.

  • A DUI conviction, by plea or after a trial.

A first DUI conviction carries at least 48 consecutive hours in jail, and at least 7 days if your test result was 0.15% or higher (Tenn. Code Ann. § 55-10-402).

Things that are not available for DUI. DUI is excluded from both pretrial diversion (Tenn. Code Ann. § 40-15-105) and judicial diversion (Tenn. Code Ann. § 40-35-313). A DUI conviction cannot be expunged (Tenn. Code Ann. § 40-32-107). That is why the early stages of the case matter so much.

Sumner County also has a DUI Court through the Recovery Court of Sumner County, a treatment-focused program for some DUI defendants.

What to do right now

  • Write down what you remember about the stop, the tests and what was said, while it is fresh.

  • Keep your bond papers and any citation. Put your court date on your calendar.

  • Do not talk about the case with anyone but your lawyer, including on social media.

  • Talk to a lawyer before your first court date.

How we can help

Attorneys Kylene Ross and Chloe Hawes defend DUI cases in Sumner County General Sessions and Criminal Court from our office on the Gallatin Public Square. We look at why you were stopped, how the tests were given, the video, and your license options. Learn more on our DUI defense page, or see all of our criminal defense services. If someone you love was just arrested, our police custody page covers the first hours.

Ready to Talk?

Call (615) 997-7618 to talk with Kylene Ross or Chloe Hawes about your situation. Arrested after hours? Send us a message and we are notified right away.

Sources

This article is general information about Tennessee law, not legal advice for your situation.

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