Tennessee DUI Attorneys
A DUI arrest in Tennessee can affect your license, your job, and your record — but an arrest is not a conviction. Tennessee DUI law is strict, with mandatory jail time even for a first offense, and the rules changed again on January 1, 2026. The Law Offices of Thomas Maynard has defended drivers in Wilson County and across Middle Tennessee since 2005.
The traffic stop: what to do and what to say
Pull over safely. Keep your hands visible, and provide your license, registration, and insurance when required. Comply with lawful directions. Do not argue or physically resist.
You may ask, "Am I free to leave?" If the answer is no, do not leave — but you do not have to discuss the incident. Say clearly: "I am exercising my right to remain silent. I want a lawyer." If an officer asks to search your car, you can calmly say, "I do not consent to a search." Officers may have another legal basis to search.
Field sobriety tests: you can say no
After a stop, an officer may ask you to do roadside coordination exercises — the walk-and-turn, the one-leg stand, and the eye test. In Tennessee, these field sobriety tests are voluntary: you can politely decline them, and declining, by itself, carries no automatic penalty like losing your license.
Saying no does not mean you will not be arrested, and anything you do or say at the roadside can still be used as evidence. One distinction matters: a saliva test is not one of these roadside exercises. It is a chemical test, and the rules below apply to it.
Chemical tests and implied consent
Breath, blood, and saliva tests are different from field sobriety tests. Under Tennessee's implied consent law (Tenn. Code Ann. § 55-10-406), driving on Tennessee roads means you have agreed to a chemical test if an officer has probable cause to believe you were driving under the influence. The officer should advise you of the consequences of refusing.
Since January 1, 2026 (2025 Public Chapter 403), officers may also request a roadside oral fluid (saliva) test in certain situations — with your consent, by warrant, after a lawful arrest, or in an emergency — and the results can be used in court.
Refusing a chemical test after arrest is a separate violation from the DUI charge. A first refusal generally means a one-year license revocation; since January 1, 2026, refusing a blood test can mean one year and six months in a narrow case — no prior conviction, suspected misdemeanor DUI, blood-test refusal. A prior conviction raises it to two years. A refusal still counts even if the officer then gets a warrant and takes your blood anyway.
What a first DUI conviction can cost
A first DUI in Tennessee is a Class A misdemeanor (Tenn. Code Ann. §§ 55-10-401, 55-10-402). A conviction carries at least 48 consecutive hours in jail — seven consecutive days if your blood alcohol concentration was 0.15% or higher — and up to 11 months and 29 days. Fines run from $350 to $1,500, plus court costs. Your license is revoked for one year. The legal limit is 0.08% blood alcohol concentration for drivers 21 and older. Ask us about restricted-license, ignition-interlock, and diversion options.
After the arrest: what happens next
After booking, you will have an initial court appearance, where the charge, your rights, and release conditions are addressed. Do not plead guilty simply to leave faster — a guilty plea waives important rights, and a DUI conviction stays on your record. Write down what you remember about the stop, the tests requested, and the warnings given, and keep every citation, testing form, and court notice.
Frequently asked questions
Can I refuse the field sobriety tests?
Yes. In Tennessee, the roadside exercises are voluntary, and declining them carries no automatic license penalty.
What happens if I refuse the breath or blood test?
Refusing a chemical test after arrest is a separate implied-consent violation. A first refusal generally means a one-year license revocation; since January 1, 2026, refusing a blood test can mean one year and six months in a narrow case (no prior conviction, suspected misdemeanor DUI). A refusal still counts even if your blood is later taken by warrant.
What is the legal alcohol limit in Tennessee?
For drivers 21 and older, it is illegal to drive at 0.08% blood alcohol concentration or higher (Tenn. Code Ann. § 55-10-401). You can also be charged based on impairment without a test result at or above that number.
Can a first DUI be dismissed or reduced?
It depends on the evidence — the stop, the testing, the warnings, and the results. Some cases are dismissed or reduced; some are not. No lawyer can promise an outcome before reviewing the facts.
I was asked for a saliva test. Is that the same as a field sobriety test?
No. A roadside oral fluid (saliva) test is a chemical test under Tennessee's implied consent law, not a roadside exercise. Since 2025 Public Chapter 403, officers may request one in defined situations, and the results can be used in court.
Talk to a Tennessee DUI lawyer
If you have been arrested for DUI anywhere in Tennessee, call the Law Offices of Thomas Maynard at (615) 784-4677 for a free consultation.
Want the full step-by-step guide? "What to Do If Arrested in Tennessee" — free, instant download: tonymaylaw.gumroad.com/l/what-to-do-if-arrested-in-tennessee
*General information only, not legal advice. Every case is different. Contacting the office does not by itself create an attorney-client relationship, and no outcome is promised.*