DUI Defense REAL PEOPLE. REAL RESULTS.

DUI Defense in Nashville

Middle Tennessee Criminal Defense with Four Decades of Local Practice

A DUI charge in Nashville moves fast. From arrest to your first court appearance in Davidson County, the window to build a defense is narrow. At Flexer Law, we’ve practiced criminal defense in this community since 1981, and our attorneys know the local courts, the procedural expectations, and what’s at stake when a client’s record is on the line.

Under Tennessee law, a first-offense DUI is a Class A misdemeanor. A conviction stays on your record permanently and can’t be expunged. That permanence can affect employment applications, professional license renewals, and background checks that follow. Getting the defense right from the start matters.

If you’ve been arrested for DUI in Nashville or anywhere in Middle Tennessee, call us at (615) 805-6374. You’ll meet one-on-one with an attorney during your consultation, not support staff.

Why Nashville Residents Turn to Flexer Law for DUI Defense

Founded in Nashville in 1981, Flexer Law brings institutional depth as a multi-attorney firm. Our attorneys carry over 100 years of combined legal experience across all practice areas, and we bring that collective knowledge to every criminal defense matter we handle. Our attorneys hold AV Preeminent® ratings from Martindale-Hubbell® and have earned recognition from Super Lawyers, a reflection of the standards we hold ourselves to on cases that carry serious consequences.

We operate from three offices in Nashville, Murfreesboro, and Columbia, and every attorney and staff member lives and works in Middle Tennessee. That local presence translates directly into familiarity with Davidson County General Sessions Court, the Criminal Court, and the procedural rhythms that shape how a DUI case moves from arraignment through resolution. When you work with us, you work directly with an attorney throughout your case.

Start Your DUI Defense Today

Early action gives your attorney time to review the facts of the stop, the arrest, and any chemical testing before court dates close in. The sooner we understand what happened, the more options may be available. Call Flexer Law at (615) 805-6374 or reach us through our online contact form to schedule your consultation.

Tennessee DUI Law & Penalties by Offense Level

Tennessee Code Annotated § 55-10-401 defines DUI as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by any intoxicant regardless of BAC. The thresholds are stricter for certain drivers: 0.04% for commercial license holders and 0.02% for drivers under 21.

Penalties escalate significantly with each offense and with aggravating BAC levels.

First through fourth offense penalties include:

First offense: 48 hours to 11 months and 29 days in jail, fines of $350 to $1,500, and a one-year license suspension. Effective July 1, 2024, a first-offense BAC of 0.15% or higher triggers a mandatory minimum of 7 days in jail.
Fourth offense: Elevated to a Class E felony under Tennessee law, carrying substantially heavier consequences.
License suspension: Drivers may apply for a restricted license during the suspension period, which typically requires an ignition interlock device installed in the vehicle.
Implied consent refusal: Refusing a chemical test triggers an automatic license suspension under Tennessee’s implied consent law, separate from any court-ordered suspension.

DUI convictions in Tennessee are permanent. State law doesn’t permit expungement of a DUI conviction, which means the charge can follow a person through future background checks.

Continue Reading Read Less

Why Choose Flexer Law?

Put 40 Years of Experience On Your Side

$0 Down Until You File
We can help you file your bankruptcy with no money down.
Free Consultations Available
Get started on your case with a free consultation today.

What Happens After a DUI Arrest in Nashville

After a DUI arrest in Nashville, a driver is typically processed through the Davidson County Sheriff’s Office before a bond hearing. From there, the case enters Davidson County General Sessions Court, which convenes at the Justice A.A. Birch Building. Cases that aren’t resolved at the General Sessions level can be bound over to the Davidson County Criminal Court.

The stages between arrest and resolution include arraignment, discovery, pretrial motions, potential plea negotiations, and trial. At each stage, what your attorney does affects what options remain available. Pretrial motions can challenge the legality of the stop, contest evidence, or seek a charge reduction before the case reaches trial.

Our attorneys are familiar with how Davidson County DUI cases are processed and where procedural arguments may create leverage. We prioritize clear communication throughout so clients understand where their case stands and what decisions are ahead.

DUI Defense Strategies in Tennessee

No two DUI cases are identical. The defense approach depends on the specific facts of the stop, the arrest, and the testing. Several legal arguments may be available depending on what the record shows.

Grounds a defense may pursue include:

Probable cause challenge: If the officer lacked legal justification to initiate the traffic stop, evidence gathered during that stop may be suppressible. Challenging the basis of the stop is one of the first questions we examine.
Field sobriety test administration: These tests can be challenged on grounds of improper administration, the subject’s physical condition, or environmental factors at the scene that affected performance.
Breathalyzer and blood test accuracy: Results can be contested if equipment calibration records are incomplete, testing protocols weren’t followed correctly, or the chain of custody for a blood sample was broken at any point.
Rising BAC defense: This argument contends that a driver’s BAC was below the legal limit at the time of driving but rose above 0.08% by the time testing occurred, due to how alcohol absorbs into the bloodstream.
Charge reduction: In some cases, a DUI charge may be reduced to reckless driving if the prosecution’s evidence may be insufficient to prove impairment beyond a reasonable doubt.
Drugged driving charges: When impairment is attributed to prescription medication or other substances rather than alcohol, the evidentiary issues differ from a standard alcohol-based DUI and require a distinct approach.

The outcome of any DUI case depends on its individual facts. Our role is to identify every available argument and pursue the strongest path forward for each client.