Step 1: Contact an Experienced DUI Attorney
The very first thing you should do after a DUI arrest is exercise your right to remain silent and contact an experienced criminal defense attorney. Do not discuss the details of your case with law enforcement without your lawyer present. An attorney can ensure your rights are protected, analyze the evidence against you (such as the traffic stop and field sobriety tests), and begin building a defense strategy. The initial hours and days after an arrest are critical.
Step 2: Understand the Charges and Potential Penalties
After a DUI arrest, you will face both a criminal case and a separate administrative action from the Tennessee Department of Safety regarding your driver's license. You must understand the specific charges. A first-offense DUI (T.C.A. § 55-10-401) carries mandatory jail time, fines, and license revocation. The consequences become significantly more severe for subsequent offenses or if there were aggravating factors, such as an accident or a high blood alcohol content (BAC).
Step 3: Address the Administrative License Revocation
Tennessee's Implied Consent law means that by driving, you have consented to a chemical test (blood or breath) if an officer has probable cause. Refusing the test leads to an automatic license revocation, separate from the criminal DUI charge. You have a limited window of time after your arrest to appeal this administrative license revocation. Missing this deadline can mean losing your driving privileges for a year or more, regardless of the outcome of your criminal case.
Step 4: Prepare for Your First Court Date (Arraignment)
You will be given a date for your arraignment, which is your first formal court appearance. It is crucial that you and your attorney appear. During this time, your lawyer will gather all evidence from the prosecution, known as discovery. This includes police reports, body and dash camera footage, and the results of any chemical tests. This evidence is vital for assessing the strength of the state's case against you. This article is for informational purposes only and does not constitute legal advice. If you've been arrested for a DUI in East Tennessee, call The Myrick Law Firm at 865-365-1184 to protect your rights.
Frequently Asked Questions
Can I refuse a breathalyzer test in Tennessee?
Yes, under Tennessee's Implied Consent Law (T.C.A. § 55-10-406), refusing a chemical test results in an automatic driver's license revocation for at least one year.
What are the penalties for a first-time DUI in Tennessee?
For a first offense DUI, penalties can include 48 hours to 11 months and 29 days in jail, a $350-$1,500 fine, license revocation for one year, and mandatory participation in an alcohol and drug treatment program.
Can I get a restricted license after a DUI?
A restricted license may be available for driving to specific places like work or school, but it often requires the installation of an Ignition Interlock Device (IID) at your expense.
Will a DUI conviction stay on my record?
Yes, a DUI conviction in Tennessee is a criminal offense that will remain on your permanent record and cannot be expunged.