A DUI Charge Moves Fast. So Should You.
Tennessee law gives you seven days to request a hearing that could save your driver's license. If that window closes, your license is gone — regardless of what happens to the criminal case.
The hours immediately after a DUI arrest are the most consequential of the entire case.
Evidence is still fresh. Options that exist today may not exist tomorrow. And deadlines you may not even know about are already running.
At the Law Office of T. Verner Smith, we have represented people across West Tennessee through DUI charges for more than 40 years. We are not here to lecture you. We are here to help you understand what you are facing and what can still be done about it.
What Tennessee DUI Law Actually Means for You
Tennessee law sets the blood alcohol concentration limit at .08 for most drivers. If you hold a commercial driver's license, that threshold drops to .04. If you are under 21, any BAC of .02 or above can support a DUI charge. These limits apply whether you were stopped on a highway, a back road, or a parking lot.
At the scene, law enforcement will typically conduct field sobriety tests and request a breathalyzer or blood test. Tennessee's implied consent law means that by holding a Tennessee driver's license, you have already agreed to submit to chemical testing when lawfully requested. Refusing that test does not make the DUI go away — it triggers an automatic license suspension on its own, separate from the criminal charge.
After booking, you will be arraigned and given a court date. In Madison County, DUI cases are heard at the J. Alexander Leech Justice Complex at 505–515 South Liberty Street in Jackson. We know that courthouse, the prosecutors who work there, and how DUI cases move through it.
The 7-Day Deadline Most People Miss
After a DUI arrest in Tennessee, you have seven calendar days to request a license suspension hearing with the Tennessee Department of Safety. This is not a criminal court deadline — it is a separate administrative process, and most people charged with a DUI do not know it exists until it is too late.
If that request is not filed within seven days, your license is automatically suspended. That suspension stands regardless of how your criminal case resolves. You could win in court and still lose your license because the hearing was never requested.
This is one of the most important reasons to contact an attorney the same day you are charged — not next week, not after you have had time to think about it. Seven days is not much time, and the window does not extend for weekends or holidays.
What a DUI Conviction Can Cost You
A DUI in Tennessee carries consequences that reach well beyond the courtroom. Understanding the full picture is the first step toward managing it.
- License suspension: First-offense convictions carry a mandatory one-year revocation. A restricted license may be available in some circumstances.
- Fines and court costs: A first DUI conviction typically results in fines between $350 and $1,500, plus court costs and mandatory fees that can substantially increase the total.
- Jail time: Tennessee law requires a minimum of 48 hours in jail for a first DUI conviction. That minimum rises sharply with a higher BAC or if a minor was in the vehicle.
- Ignition interlock device: Tennessee courts frequently require an ignition interlock device as a condition of any restricted driving privileges.
- Insurance: A DUI conviction almost always triggers a significant increase in auto insurance premiums — often for several years.
- Employment: Certain employers, professional licenses, and security clearances treat a DUI conviction as disqualifying. Acting early gives you the best chance of limiting that exposure.
Can a First DUI Be Kept Off Your Record?
For many first-time offenders, the answer is: possibly. Tennessee law includes diversion programs that allow qualifying defendants to complete a period of supervision in exchange for dismissal of the charge. A successfully completed diversion can then be expunged from your record — meaning the arrest and charge are no longer visible to most employers, landlords, or licensing boards.
Diversion is not available to everyone, and eligibility depends on the specific facts of your case, your prior record, and prosecutorial discretion. But for people who qualify, it can mean the difference between a permanent record and a clean one. The time to evaluate that option is now — before deadlines pass and before a plea is entered that forecloses it.
We will review your eligibility during your consultation and give you a straightforward answer about what your options look like.
Already Past the Breathalyzer Decision? Here Is What to Do Now
If you refused the breathalyzer and are now dealing with the consequences, you are not out of options — but you need to move quickly. An automatic suspension triggered by refusal can be challenged through the same administrative hearing process as a BAC-related suspension, but only if the request is filed within that seven-day window.
The same logic applies if you submitted to testing and the results came back above the legal limit. A positive test result is not the end of the case. Test administration, equipment calibration, officer conduct, and the circumstances of the stop itself are all subject to review. An attorney who knows Tennessee DUI law will look at every element of what happened before advising you on next steps.
Frequently Asked Questions About DUI Charges in Tennessee
What is the 7-day deadline after a DUI arrest in Tennessee?
After a DUI arrest, Tennessee law gives you seven calendar days to request an administrative hearing with the Tennessee Department of Safety to contest your license suspension. If you do not file that request within seven days, your license is automatically suspended — and that suspension holds even if your criminal case is later dismissed or you are found not guilty. This deadline is separate from your criminal court date and runs immediately from the date of arrest.
What happens if I refused the breathalyzer?
Refusing a breathalyzer in Tennessee triggers an automatic license suspension under the state's implied consent law. That suspension is handled through the same administrative process as a BAC-related suspension, and the same seven-day deadline applies. Refusal does not prevent a DUI charge — prosecutors can use the refusal itself as evidence in some circumstances. An attorney can help you understand your options given the specific facts of your situation.
Will a DUI stay on my record permanently?
Not necessarily. Tennessee offers diversion programs for qualifying first-time offenders. A successfully completed diversion can be expunged, which removes the charge from most background checks. Eligibility depends on your prior record, the facts of your case, and prosecutorial agreement. This is one of the first things we evaluate in a consultation, because the window to pursue diversion closes once certain decisions are made in your case.
How much does a DUI lawyer cost in Tennessee?
Attorney fees vary depending on the complexity of the case and whether it proceeds to trial. What we can tell you is that the cost of not having an attorney — in fines, license loss, insurance increases, and potential employment consequences — is almost always greater than the cost of representation. Contact us to discuss your situation and we will give you a straightforward answer about what representation looks like for your case.
Do I need a lawyer if this is my first DUI?
Yes. A first DUI in Tennessee carries mandatory minimum penalties, and the decisions made in the first days after your arrest — including whether to request a license hearing, how to respond to the charge, and whether to pursue diversion — have lasting consequences. Having an attorney from the start gives you the clearest picture of your options and the best chance of the most favorable outcome.
Where are DUI cases heard in Madison County?
DUI and criminal cases in Madison County are heard at the J. Alexander Leech Justice Complex, located at 505–515 South Liberty Street in Jackson, Tennessee. We have practiced in that courthouse for decades and are familiar with how DUI cases are handled there.
Take the First Step Today
Forty Years of Representation Without the Judgment
People charged with DUI come from every walk of life. We have represented clients across West Tennessee from all backgrounds — first-time offenders who made a single bad decision, CDL holders whose livelihood depends on their license, and professionals with careers on the line.
We do not ask how you got here. We ask what you need and what we can do about it. That has been our approach for more than 40 years, and it is not going to change.
Our office is available 24 hours a day, seven days a week by phone and text. If you were arrested last night, you can reach us this morning. If you were arrested this morning, you can reach us right now.