Nashville DUI/DWI Lawyer | Protecting Your License & Future
A DUI arrest in Tennessee can change your life in an instant. A single traffic stop may lead to handcuffs, a court date, and serious consequences that impact your freedom, finances, and driving privileges. If you’ve been arrested for driving under the influence in Nashville or anywhere in Davidson County, you need an attorney who knows how to fight back.
Attorney Erik Herbert is a Nashville DUI lawyer who has defended clients in thousands of criminal cases. He understands the nuances of Tennessee DUI law, the science behind field sobriety and breathalyzer tests, and the strategies needed to protect your record.
Understanding Tennessee DUI Laws
What Counts as DUI in Tennessee?
Under Tennessee Code Annotated § 55-10-401, it is illegal to operate a vehicle:
- With a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers, and any detectable amount if under 21).
- While impaired by alcohol, illegal drugs, prescription medication, or even over-the-counter substances.
Common DUI Situations in Nashville
- Being pulled over near Broadway or downtown checkpoints after a night out.
- Drivers stopped on I-40 or I-65 for alleged “erratic driving.”
- Visitors in town for Titans games, concerts, or bachelorette weekends.
Prescription medication impairs driving even when legally prescribed.
DUI Penalties in Tennessee
The state imposes mandatory minimums for all DUI convictions. Judges have little discretion to reduce penalties below those thresholds.
First Offense DUI
- 48 hours to 11 months and 29 days in jail (minimum of 7 days if BAC is 0.20% or higher)
- $350–$1,500 in fines
- License revocation for 1 year
- Mandatory alcohol treatment program
- Ignition interlock device (IID) may be required
Second Offense DUI
- 45 days to 11 months and 29 days in jail
- $600–$3,500 in fines
- License revocation for 2 years
- Mandatory alcohol treatment program
- Vehicle seizure possible
Third Offense DUI
- 120 days to 11 months and 29 days in jail
- $1,100–$10,000 in fines
- License revocation for 6 years
- Ignition interlock device required
Fourth Offense or Higher (Felony DUI)
- At least 150 days in jail
- Up to 6 years in prison
- Felony record for life
Aggravating Factors That Increase Penalties
- Having a child passenger under 18
- Causing an accident with injury or death
- Extremely high BAC levels
- Prior DUI convictions within 10 years
The Consequences of a DUI Conviction
Even beyond jail time and fines, a DUI has ripple effects that can last for years:
- Employment: Employers may refuse to hire someone with a DUI record, especially in professional or driving jobs.
- Insurance: Car insurance premiums often double or triple after a conviction.
- Travel Restrictions: Certain countries, including Canada, restrict entry for people with a DUI conviction.
- Professional Licenses: Teachers, nurses, commercial drivers, and others with regulated licenses may face suspension.
Personal Reputation: A DUI charge is public record, which can damage your reputation in the community.
Defenses Against DUI Charges
No two DUI cases are the same. Erik Herbert carefully examines the facts, police reports, and evidence to find weaknesses in the prosecution’s case.
Common DUI Defenses
- Illegal Traffic Stop: Police must have a valid reason (reasonable suspicion) to pull you over.
- Improper Field Sobriety Tests: Uneven pavement, poor lighting, or medical issues can cause false “failures.”
- Breathalyzer Problems: Machines require calibration and proper administration—any lapse can invalidate results.
- Blood Test Errors: Chain of custody and lab handling must follow strict procedures.
- Violation of Rights: If officers failed to read your rights or conducted an unlawful search, evidence may be excluded.
Example: Challenging Probable Cause
If an officer pulled you over simply for “looking tired” without swerving or breaking traffic laws, the stop itself may be unlawful. Evidence obtained afterward could be thrown out.
Nashville DUI Court Process
Step 1: Arrest and Booking
Most DUI arrests in Nashville result in transport to the Davidson County Sheriff’s Office for booking.
Step 2: Arraignment
Your first court appearance, usually at Davidson County General Sessions Court, involves entering a plea of guilty, not guilty, or no contest.
Step 3: Discovery and Motions
Your attorney will request dashcam footage, officer notes, and breathalyzer maintenance logs. Motions may challenge evidence.
Step 4: Negotiation or Trial
Many DUI cases are resolved through reduced charges (such as reckless driving) or diversion programs. If negotiations fail, Erik Herbert is prepared to fight your case at trial.
Why Hire Erik Herbert as Your DUI Lawyer?
- Local Knowledge: Familiar with Nashville prosecutors and judges.
- Courtroom Experience: Proven track record in jury trials and motion hearings.
- Personalized Defense: Every case strategy is tailored to the client’s facts.
- Clear Communication: Clients stay informed about their options and risks.
Erik doesn’t treat DUI cases as “routine.” He understands what’s at stake—your license, your livelihood, and your freedom.
FAQs About DUI in Tennessee
Q: Can I refuse a breathalyzer test in Tennessee?
A: Yes, but refusal carries automatic license suspension for one year under the state’s “implied consent” law.
Q: Will I go to jail for a first-time DUI?
A: Yes, Tennessee law requires at least 48 hours in jail for a first offense, though alternatives may be negotiated.
Q: Can a DUI be expunged in Tennessee?
A: No. DUI convictions stay on your record permanently. However, reduced charges (like reckless driving) may be eligible.
Q: How long does a DUI stay on my record?
A: Forever. Tennessee law does not allow DUI convictions to be removed.
Q: Can out-of-state drivers charged in Nashville hire Erik Herbert?
A: Yes. Erik represents both Tennessee residents and out-of-state visitors who are charged while in Nashville.
If you’ve been charged with DUI in Nashville, time is critical. Prosecutors are already building a case against you.
Contact Erik Herbert today for a free, confidential consultation.