The DUI Process in Tennessee: What to Expect
A DUI arrest in Murfreesboro or anywhere in Rutherford County can feel like the end of the world. It is not. But what you do in the hours and days after your arrest will have a major impact on how your case turns out.
As a former police officer who has conducted traffic stops and administered field sobriety tests, I know exactly how the DUI process works from the inside. Here is what you need to know.
The Traffic Stop
Every DUI case starts with a traffic stop. Under Tennessee law, an officer needs reasonable suspicion to pull you over. Common reasons include:
- Swerving or crossing the center line
- Driving too slowly
- Running a red light or stop sign
- Equipment violations (broken taillight, expired tags)
- Erratic braking
Important: If the officer did not have a legitimate reason to stop you, everything that follows — the field sobriety tests, the breathalyzer, the arrest — may be thrown out.
Field Sobriety Tests
After the stop, the officer may ask you to perform Standardized Field Sobriety Tests (SFSTs). The three standard tests are:
- Horizontal Gaze Nystagmus (HGN) — following a light or pen with your eyes
- Walk and Turn — walking heel-to-toe in a straight line
- One-Leg Stand — balancing on one foot for 30 seconds
Here is something most people do not know: you are not required to perform these tests. There is no legal penalty for refusing field sobriety tests in Tennessee. These tests are designed to produce evidence against you, and many sober people fail them due to nerves, medical conditions, or uneven road surfaces.
The Breathalyzer and Chemical Testing
Tennessee has an implied consent law. This means that by driving on Tennessee roads, you have already agreed to submit to a chemical test (breath, blood, or urine) if arrested for DUI. Refusing the test triggers an automatic one-year license revocation — separate from any criminal penalties.
However, the breathalyzer itself is far from perfect. Common issues include:
- Improper calibration of the device
- Failure to observe the required 20-minute waiting period
- Mouth alcohol from recent belching, vomiting, or dental work
- Medical conditions like acid reflux or diabetes
Booking and Release
After your arrest, you will be taken to the Rutherford County jail for booking. This includes fingerprints, a mugshot, and paperwork. For a first-offense DUI in Tennessee, you will typically be released after posting bond.
Mandatory minimum jail time for a first DUI in Tennessee is 48 hours. However, most first-time offenders are released on bond and serve this time later if convicted.
Your First Court Appearance
You will receive a court date, usually within a few weeks. At this hearing, the judge will:
- Read the formal charges against you
- Set bond conditions
- Appoint a public defender if you qualify (or you can hire your own attorney)
Do not plead guilty at your first court appearance. You need time to review the evidence, explore defenses, and make an informed decision.
How a Former Officer Defends DUI Cases
My background gives me a significant advantage in DUI defense. I know exactly what procedures officers are supposed to follow during a DUI stop — and I know where they cut corners. Common defense strategies include:
- Challenging the legality of the initial traffic stop
- Questioning whether field sobriety tests were administered correctly
- Challenging breathalyzer accuracy and calibration records
- Examining the officer's body camera footage for inconsistencies
- Negotiating for reduced charges when appropriate
Contact Quinn Rodriguez Law Today
If you have been arrested for DUI in Murfreesboro, Smyrna, La Vergne, or anywhere in Rutherford County, call (615) 546-5551 immediately. The sooner you have an attorney, the better your chances of a favorable outcome. Your initial consultation is free and confidential.