What Happens After a DUI Arrest?

Being arrested for driving under the influence in Tennessee is a serious matter that can affect your freedom, your license, and your future. Many people are uncertain about what happens once they are taken into custody, yet knowing the steps ahead can help reduce confusion and prepare for what comes next.

At The Law Office of Bryan Stephenson, we guide individuals in Middle Tennessee through the legal process, ensuring they understand each stage of a DUI case and what to expect throughout the process.

If you have been arrested, the immediate concern is how the charge will impact your license, criminal record, and even your ability to work. Contact us today for immediate guidance on protecting your rights.

The DUI Arrest Process

When someone is pulled over on suspicion of DUI, officers will typically request field sobriety tests and possibly a breath or blood test. If the officer believes there is enough evidence, you will be arrested and taken into custody. This is the beginning of the case, not the end. From this point forward, it is essential to have a DUI attorney in Nashville, TN who can examine whether the stop and testing procedures followed the law.

Booking, Bail, and Charges

After the arrest, you will be booked at the local jail, where your information will be recorded and your fingerprints taken. Depending on the situation, you may be released on bail or required to appear before a judge for a bond hearing. Bail amounts vary depending on prior convictions, the severity of the offense, and whether aggravating factors are present, such as an accident or a minor in the vehicle.

One charge that often surprises drivers is the “DUI-vehicle owner” charge. Tennessee law allows prosecutors to charge the vehicle owner even if they were not the one driving, as long as there is evidence of permission or responsibility for the vehicle. Having a DUI lawyer can make a significant difference in fighting or reducing such unexpected charges.

License Suspension

In Tennessee, your driver’s license can be at risk immediately after a DUI arrest. If you refuse a chemical test, the judge can order the Department of Safety to suspend it even before your criminal case is resolved. For a first offense, the suspension can last up to a year, while repeat offenders may face a license revocation of two years or more.

During this time, it may be possible to apply for a restricted license that allows driving to work, school, and other places. In some cases, you may be required to install an ignition interlock device at your own expense. The costs add up quickly, which is why early representation from a DUI attorney is critical to protect your driving privileges. Additional details about defense strategies can be found on the firm’s DUI defense page.

Court Appearances and Plea Negotiations

After release, the first court date will usually be an arraignment, where you are formally charged and enter a plea. From there, pre-trial hearings allow your attorney to challenge evidence, file motions, and discuss possible plea agreements. Plea negotiations may result in reduced charges or alternative sentencing options like alcohol treatment programs.

The criminal justice system is not designed for individuals to face alone. Working with a DUI lawyer who understands both prosecution tactics and defense strategies gives you the strongest chance of reaching a favorable outcome. For broader information about defense strategies, review the firm’s criminal defense page.

Trial and Sentencing

If the case proceeds to trial, prosecutors must prove beyond a reasonable doubt that you were impaired while operating the vehicle. Your attorney can challenge the breathalyzer or blood testing accuracy, the legality of the traffic stop, faulty field sobriety test administration, and witness testimony. If convicted, sentencing may include jail time, fines, probation, community service, alcohol education classes, and the mandatory use of an ignition interlock device.

Results can vary widely depending on the circumstances, prior record, and quality of representation. To see how others have successfully defended their charges, you can review client feedback on the firm’s testimonials page.

Why Legal Representation Matters

A DUI arrest in Nashville or Middle Tennessee is not a minor issue. Convictions can affect employment opportunities, insurance rates, and personal reputation. With Tennessee law permitting charges such as DUI-vehicle owner, defendants may face penalties they never anticipated. Having a dedicated advocate ensures no detail is overlooked and every available defense is explored.

For individuals who may also be dealing with related drug allegations, the drug defense page provides further information on how charges can overlap and how defense strategies may be built.

Taking Control of Your Future

A DUI arrest sets into motion a series of legal challenges that require swift action, from bail and license suspension to ignition interlock requirements and court proceedings. The Law Office of Bryan Stephenson has many years of experience defending individuals against DUI charges and related offenses in Middle Tennessee. Our firm understands the significant consequences that can result from an impaired driving accusation, and we strive to protect both legal rights and future opportunities. If you are facing DUI charges, contact us today to schedule a consultation with our firm.

Finding a good criminal defense attorney begins with understanding what qualities set a reliable advocate apart in Nashville, Tennessee. A strong lawyer will guide you through Tennessee Code Title 39, which outlines offenses and penalties, and apply deep knowledge of the law to safeguard your rights after an arrest. Whether the charges involve serious felonies or minor misdemeanors, the right criminal defense attorney will listen carefully to your situation, answer your questions promptly, and develop a strategic plan aimed at securing the best possible outcome.

The Law Office of Bryan Stephenson specializes in such cases and has a deep understanding of Tennessee criminal, DUI, and drug defense laws.

Factors to Look for in a Good Attorney

When you are facing criminal charges in Nashville, selecting the right criminal defense lawyer requires careful attention to several critical factors.

Knowledge of State Laws

An attorney’s familiarity with Tennessee law is essential. When finding a good criminal defense attorney, a strong candidate will demonstrate deep knowledge of Tennessee Code Title 39, which governs criminal offenses from assault to theft and beyond. Having a lawyer who understands the nuances of state laws provides clients with the confidence that their criminal defense case will be handled in a professional and intelligent manner.

Law Practice and Courtroom Experience

Equally important is experience in law practice and the courtroom. A highly-rated criminal defense attorney who has handled multiple trials & hearings will know how to challenge evidence, cross-examine witnesses, and present persuasive arguments before a judge or jury. Real-world courtroom exposure cannot be replaced by theory alone. Look for a history of cases similar to yours, particularly involving felonies and misdemeanors under domestic violence laws in Tennessee.

Responsiveness to Queries

Responsiveness to queries is another hallmark of a quality lawyer. You deserve clear and timely answers whenever you have concerns or need updates on your case. An attorney who delays calls or emails can leave you feeling uncertain and anxious. Effective cooperation and communication go hand-in-hand; your attorney should explain legal terms in plain language and involve you in decisions that affect trial strategy.

Proven Track Record

Past results do not guarantee future success, but a history of favorable outcomes suggests a skillful approach to advocacy. Whether through plea agreements, dismissed charges, or acquittals, having an exemplary track record as a criminal defense attorney demonstrates an attorney’s ability to protect clients facing severe penalties.
For instance, when domestic violence accusations arise, working with a domestic violence lawyer who specializes in criminal defense ensures familiarity with Tennessee domestic assault laws that can make all the difference in negotiating protective orders or minimizing charges.

Understanding Lawyer Fees and Consultation Costs

Understanding associated costs before retaining representation is crucial to avoid unexpected expenses. Depending on the nature of the criminal defense, your chosen attorney should provide you with a choice between flat-fee arrangements and alternative payment plans such as Lawpay’s “pay later” option. It is also important to note that clients must prepare for other potential expenses, including hiring expert witnesses and private investigators.

How important is the role of a good criminal defense attorney?

The importance of hiring a dedicated criminal defense attorney cannot be overstated when your freedom, reputation, and future are at risk. Without proper representation, you may face harsher sentencing, limited options for reducing charges, or missed opportunities to challenge inadmissible evidence. A skilled lawyer serves as your advocate at every step: from initial bail hearings and arraignment to negotiations with prosecutors and, if necessary, trial. Their in-depth knowledge of domestic violence laws in Tennessee enables them to identify procedural errors or constitutional violations that can result in suppressed evidence or case dismissal.

Furthermore, a seasoned attorney understands how to gather and present critical evidence on your behalf. They will investigate the circumstances of the arrest, consult expert witnesses, and analyze police reports to craft arguments defending your rights. This proactive approach often persuades prosecutors to reduce or drop charges rather than proceed to trial. Even when a plea bargain is the best path, having an accomplished lawyer who understands criminal defense laws in Tennessee on your side can secure a more favorable agreement.

Defending Your Rights

Choosing the right criminal defense attorney significantly influences the outcome of your case. At The Law Office of Bryan Stephenson, we bring extensive experience handling both felony and misdemeanor offenses in Nashville, Tennessee.

When you require a criminal defense lawyer who has years of experience in handling domestic violence, DUI, and drug defense laws inside and out, The Law Office of Bryan Stephenson helps Tennesseans in securing the rights that they deserve. Call now to schedule your free consultation.

For tourists visiting Tennessee, a DUI charge can disrupt not only travel plans but also have lingering legal consequences that extend beyond state lines. Tennessee’s strict DUI laws apply to residents and non-residents alike, meaning a conviction could affect your driving privileges, fines, and potentially impact your record back home. For visitors facing these charges, understanding the legal process and how a local DUI attorney can help is essential.

The Law Office of Bryan Stephenson offers knowledgeable guidance for out-of-state visitors dealing with DUI charges. Bryan Stephenson’s background in Tennessee DUI law provides clients with clarity on how the charges may affect them, even once they return home. Client testimonials emphasize his commitment to effective and accessible defense.

Key Points to Consider if Charged with DUI as a Tourist

If you’re a tourist facing a DUI charge in Tennessee, here are some essential factors to keep in mind:

• Jurisdiction Issues: Even though the charge occurred in Tennessee, the penalties may affect your driving record and insurance rates in your home state due to the Interstate Driver’s License Compact.
• Court Appearances: Out-of-state drivers may need to attend court in Tennessee for certain DUI proceedings. A Nashville TN DUI Attorney can sometimes represent you in court, helping you avoid repeated travel back and forth.
• License Suspension: Tennessee may suspend your right to drive in the state if convicted. In many cases, this suspension can also extend to your home state, impacting your overall driving privileges.
• Legal Defense Options: Working with a Nashville DUI Lawyer provides access to defense strategies tailored to your case. Your lawyer can review evidence, such as BAC testing or the circumstances of the traffic stop, to identify potential grounds for dismissal or reduction of charges.
  

Protecting Your Travel Plans and Record After a DUI Charge

If you’re a tourist dealing with DUI charges in Tennessee, taking immediate action can help safeguard your travel plans and prevent complications when you return home. The Law Office of Bryan Stephenson has extensive experience in defending DUI cases for out-of-state visitors, offering strategies to protect your driving privileges and limit the impact on your record. Bryan Stephenson’s approach allows you to address the charges confidently, minimizing potential disruptions to your life and future travel. With effective legal support, you gain a knowledgeable partner focused on securing a favorable resolution for your situation. Contact us today to discuss your case and explore your options.

Many people assume that public intoxication charges require a breathalyzer or blood test, but that is not the case in Tennessee. Law enforcement officers have broad discretion to make arrests based solely on their observations, meaning individuals can face charges even without scientific proof of intoxication. These charges can have lasting consequences, making understanding your legal rights and defense options essential.

Can You Be Arrested Without a Test?

Yes, public intoxication charges do not require a chemical test. Tennessee Code Annotated § 39-17-310 states that a person can be charged if they are in a public place under the influence of alcohol or drugs and:

• Present a danger to themselves or others
• Cause a disturbance
• Pose a risk to property

Officers can rely on subjective observations alone because the law does not set a specific BAC requirement. This creates a risk of wrongful arrests, especially when there is no tangible evidence of intoxication.

How Law Enforcement Determines Intoxication

When no chemical test is used, officers assess impairment based on external factors such as slurred speech, unsteady movements, bloodshot eyes, or the smell of alcohol. They may also consider behavior, such as aggression or confusion, as indicators of intoxication. However, these signs are not always caused by alcohol or drug use. Fatigue, medical conditions, or even anxiety can produce similar symptoms.

At the Law Office of Bryan Stephenson, we have successfully defended clients against public intoxication charges by challenging these subjective assessments. Our Nashville domestic violence lawyer can present alternative explanations and dispute the officer’s observations, working to reduce or dismiss the charges.

The “DUI-Vehicle Owner” Charge in Tennessee

Public intoxication may be the least of your worries if you enter your vehicle while intoxicated. Many people are unaware that Tennessee law allows for “DUI-vehicle owner” charges, meaning you can be charged with a DUI even if you were not driving. If an individual is found intoxicated inside a vehicle and can operate it—such as being in the driver’s seat with the keys nearby—they may face DUI-related charges.

Law enforcement often relies on circumstantial evidence to justify these arrests, leaving room for an experienced attorney to challenge the charge by arguing that mere presence in a vehicle doesn’t indicate an intent to drive. Still, if you’re intoxicated in public, the best practice is to stay out of your car until you’re sober or have a designated driver.

Defending Against Public Intoxication Charges

Several legal strategies can be used to challenge a public intoxication charge. One common defense is lack of probable cause, as law enforcement must have a legitimate reason for making an arrest. The charges may not hold up in court if there is no clear evidence of intoxication.

Another defense involves alternative explanations for behavior that may have been mistaken for intoxication. Medical conditions, prescription medications, or even stress can cause symptoms similar to impairment.

Additionally, if law enforcement violated procedures or lacked justification, the arrest may be considered unlawful, leading to a possible dismissal of charges. A Nashville DUI lawyer can assess the circumstances of your case and determine the best approach to protect your rights. Visit our criminal defense practice area to learn more about available defense strategies.

Consequences of a Public Intoxication Conviction

A conviction for public intoxication in Tennessee is classified as a Class C misdemeanor, which may seem minor but can have lasting consequences. Individuals found guilty can face a fine of up to $50 and a jail sentence of up to 30 days. However, the most significant impact is often a criminal record, which can affect employment opportunities, housing applications, and professional licensing. Many employers and landlords conduct background checks; even a misdemeanor conviction can create obstacles. With the proper legal defense, a DUI lawyer in Nashville, TN, can work to reduce or dismiss the charges, helping to prevent the long-term consequences of a criminal record.

Steps to Take if You Are Stopped for Public Intoxication

If law enforcement approaches you under suspicion of public intoxication, taking the proper steps can protect your rights:

• Remain calm – Arguing with an officer can escalate the situation.
  
• Do not admit to drinking – Anything you say can be used against you in court.
  
• Ask if you are free to leave – If the officer does not have probable cause, you do not have to stay.
  
• Request legal representation – A Tennessee domestic violence lawyer can review your case and protect your rights.

Legal Representation for Public Intoxication and DUI Cases

Public intoxication and DUI charges should not be taken lightly. The Law Office of Bryan Stephenson has successfully defended clients throughout Nashville and Middle Tennessee, helping them avoid the lasting consequences of a conviction. Our past case successes are documented on our results page.

Do not let a criminal charge define your future. Contact us today for a consultation.

Facing criminal charges can be overwhelming, and the potential consequences extend beyond fines and jail time. A conviction can impact employment opportunities, housing applications, and personal relationships. 

Tennessee enforces strict penalties for various offenses, including DUI, drug possession, and domestic violence, making legal representation crucial for protecting your rights. Many people are unaware of how broad some laws can be, including public intoxication. Without a strong defense, individuals risk severe legal repercussions that could have been avoided or reduced with proper legal guidance.

At the Law Office of Bryan Stephenson, we leverage decades of experience to help our clients fight criminal charges. Bryan Stephenson has over twenty years of experience as a criminal attorney, including over three years as a criminal prosecutor. Thanks to his breadth of experience on both sides of criminal cases, Bryan is uniquely positioned to help our clients to reduce or dismiss charges and fight for fair sentencing.     

Understanding Criminal Charges in Tennessee

Tennessee’s criminal justice system can be complex, and every case has unique challenges. Criminal charges range from misdemeanors to felonies and can include DUI, drug offenses, domestic assault, theft, and more. A conviction can lead to jail time, fines, probation, and long-term consequences.

One charge that surprises many individuals is DUI-vehicle owner in Tennessee. This offense applies when a vehicle owner allows someone under the influence to operate their car, potentially leading to penalties similar to those of a standard DUI. If you are facing this or any other charge, our firm is here to provide strong legal defense.

Why You Should Never Face Criminal Charges Alone

Some prosecutors in Tennessee aggressively pursue criminal convictions, occasionally seeking the maximum penalties the law allows. Without legal representation, defendants may:

• Accept plea deals that are not in their best interest
  
• Face higher fines and longer jail sentences
  
• Miss opportunities to challenge weak or unlawful evidence
  
• Overlook crucial defense strategies

We tirelessly protect our clients’ rights and build a strong defense. Our firm has successfully defended individuals against serious charges and helped them achieve the best possible outcomes in their cases.

Legal Strategies for Defending Your Case

Our firm provides legal support at every stage, from investigation to trial. We:

• Examine every detail of the arrest and gather supporting evidence
  
• Challenge any violations of legal rights or improper police procedures
  
• Negotiate with prosecutors to reduce charges or secure alternative sentencing
  
• Provide aggressive courtroom representation when necessary

If you are facing DUI charges, working with a DUI lawyer in Nashville, TN, is critical. DUI convictions can lead to license suspension, increased insurance costs, and mandatory jail time. We analyze every aspect of a DUI arrest, including field sobriety tests and breathalyzer accuracy, to identify weaknesses in the case. Learn more about how we handle DUI defense cases and what legal options may be available.

Tennessee’s Strict Domestic Violence Laws

Tennessee law takes domestic violence accusations seriously. Under TN domestic violence laws, an arrest can happen based on little more than an allegation. Once charges are filed, prosecutors often proceed with the case even if the alleged victim does not wish to pursue charges.

Because of the severity of domestic violence laws in Tennessee, a conviction can result in jail time, firearm restrictions, and a permanent criminal record. Our firm carefully examines the evidence, identifies inconsistencies, and works to protect our clients’ rights throughout the legal process.

DUI Defense in Tennessee

DUI charges come with severe penalties, even for first-time offenders. A conviction can lead to fines, mandatory alcohol education programs, and a permanent record. Our Nashville, TN, DUI attorney understands Tennessee’s strict DUI laws and knows how to challenge traffic stops, field sobriety tests, and breathalyzer results to fight for reduced charges or case dismissal.

In Tennessee, a DUI stays on your record permanently, affecting future employment and other opportunities. A Nashville drunk-driving lawyer can explore possible defenses, such as improper police procedures or inaccurate BAC readings, to help minimize penalties.

The Advantages of Hiring an Experienced Defense Attorney

A criminal conviction can have life-changing consequences. A Nashville DUI lawyer ensures that your rights are protected, evidence is challenged, and the best legal strategy is pursued. 

Our firm has a long history of securing favorable client results, from dismissed charges to reduced sentencing. Leveraging over 20 years of experience, Bryan Stephenson has successfully defended clients facing DUI, drug offenses, disorderly conduct, public intoxication, and other serious charges. Our firm is committed to fighting for the best outcome for every client, no matter the case’s complexity.

Committed to Strong and Effective Legal Advocacy

If you face criminal charges in Nashville, Davidson County, or Williamson County, the Law Office of Bryan Stephenson is here to help. A strong defense can make all the difference in protecting your rights and securing the best possible outcome. Contact us today to discuss your case and learn how we can help.

Most people assume that only the driver can be charged with DUI, but Tennessee law also allows for certain charges against passengers. One of the most overlooked offenses is DUI-vehicle owner, which holds a vehicle owner responsible for allowing an impaired person to drive their car. This charge is more common than many realize and carries severe legal consequences. The Law Office of Bryan Stephenson provides skilled defense for individuals facing DUI-related charges throughout Nashville and Middle Tennessee.

Can a Passenger Be Charged with DUI?

Passengers cannot be charged with DUI traditionally since they are not operating the vehicle. However, Tennessee law allows for other charges in DUI-related cases, including:

• DUI-Vehicle Owner – Many people do not realize they can be charged simply for allowing an intoxicated person to drive their car. This is sometimes referred to as DUI by allowance or DUI by consent.
• Public Intoxication – A passenger who is visibly impaired and causing a disturbance may be arrested for public intoxication.
• Open Container Violation – In some states, it’s illegal to possess an open alcohol container in the car. In Tennessee, a passenger may legally possess an open container of alcohol so long as the driver isn’t participating and everyone in the car is at least 21 years old.
• Obstruction or Disorderly Conduct – Interfering with a DUI investigation can result in additional criminal charges.

What Is a DUI-Vehicle Owner Charge?

Most people are unaware that DUI vehicle ownership is a common charge in Tennessee. State law allows prosecutors to charge vehicle owners if they knowingly allow an impaired driver to operate their car. This charge does not require the owner to be intoxicated—only that they permitted someone under the influence to drive.

Allowing an intoxicated driver to take control of a vehicle can also lead to reckless endangerment charges. If a DUI-related crash results in injuries, the penalties can be even more severe. More information on related offenses and legal defense strategies is available in our criminal defense practice area.

Can a Passenger Be Charged with DUI for Grabbing the Wheel?

In some cases, an intoxicated passenger can face DUI charges if they take control of the vehicle. Tennessee law defines DUI as operating a vehicle while under the influence, and operation includes steering or controlling any part of the vehicle’s movement. Note that “physical control” also includes being in a parked car, so you can be cited even if the vehicle isn’t driving.

If an intoxicated passenger suddenly grabs the wheel and causes erratic driving or an accident, they could face DUI-related charges in addition to reckless driving or endangerment. Many individuals are caught off guard by this legal risk, assuming that passengers cannot be held accountable for a DUI offense.

Legal Consequences of Allowing an Impaired Driver to Operate a Vehicle

A vehicle owner who permits an intoxicated person to drive may face severe legal penalties, including:

• Criminal Charges – Many people are unaware that Tennessee law allows for prosecution under the DUI-vehicle owner statute. Convictions can lead to fines, probation, and even jail time.
• License Suspension – A vehicle owner may lose their driving privileges if found responsible for enabling a DUI offense.
• Civil Liability – If an impaired driver causes an accident, the vehicle owner could be liable for damages.

Passengers facing these charges should seek legal representation immediately. 

Defenses for DUI-Related Charges Against Passengers

Many individuals charged under DUI-vehicle owners do not realize they need legal defense until it is too late. Common defenses include:

• Lack of Control — The passenger does not own the vehicle or have any say in who is driving.
• No Knowledge of Impairment – The vehicle owner did not know the driver was intoxicated.
• Duress — You are forced or coerced into allowing an impaired driver to operate your vehicle. 
• Unlawful Arrest – The charges could be challenged in court if law enforcement failed to follow proper procedures.

At the Law Office of Bryan Stephenson, we regularly defend clients charged with DUI vehicle owners and other DUI-related offenses. Many individuals are unaware of this charge until they face prosecution, making legal guidance essential.

Why Legal Representation Is Crucial in DUI Cases

A DUI vehicle owner charge or any other DUI-related offense can lead to serious legal and financial consequences. Many individuals are unaware they can be held responsible even if they are not driving, which makes it critical to have an attorney who understands Tennessee law and how to challenge these charges effectively. It’s also important to note that you need a different attorney than the driver, as your legal strategy and defense may be at odds with the driver’s best interests. 

A Nashville, TN, DUI lawyer can analyze the details of your case and identify the best legal options available. With the right defense strategy, charges may be reduced or even dismissed. Legal guidance is key to protecting your record, driving privileges, and future. Learn more about your rights and possible defenses by visiting our DUI defense practice area.

Get the Right Defense for Your DUI Case

The Law Office of Bryan Stephenson defends individuals facing DUI-related charges, including DUI vehicle owners, public intoxication, and open container violations. Many people assume they cannot be legally responsible as passengers, but Tennessee law allows for prosecution in specific situations. If you have been charged, seeking legal representation as soon as possible is critical.

A DUI lawyer in Nashville, TN, can assess your case and provide the necessary defense. Our firm has successfully defended clients across Middle Tennessee. Contact us today to discuss your case and take steps to protect your rights.