A DUI charge can cast a shadow of doubt on your daily life, making every errand, commute, or family obligation feel uncertain. One of the most common questions people have is whether they can continue driving while their case is pending. Before you assume the worst, know that there are ways to protect your right to drive and secure a positive outcome in Tennessee DUI cases. Our lawyers understand your anxiety, and we know how to help.
In this guide, we’ll explain what happens after a DUI charge in Tennessee, cover key legal principles such as implied consent law, and highlight how a DUI attorney can help you emerge from this challenge with your license and freedom intact.
The DUI Arrest Process and Impact on Driving Privileges
When you’re suspected of driving under the influence, the process usually begins with a traffic stop. The officer must have a reasonable basis—such as erratic driving, speeding, or a broken taillight—to pull you over. During this interaction, the officer may administer field sobriety tests or request a breath or blood sample if there’s probable cause to believe you’re impaired. After an arrest, you’ll be taken into custody, booked, and may spend some time in jail before posting bail.
Once released, you’ll be given a court date, typically your initial appearance (or arraignment), where you’ll be formally charged. At this stage, the judge may impose conditions on your release, such as installing an ignition interlock device or avoiding alcohol consumption. It is very important to comply with these conditions–violating them could result in your bond being revoked, potentially sending you back to jail.
Tennessee’s Implied Consent Law and What It Means for Your License
Implied consent laws in Tennessee are commonly misunderstood. Many people believe that their license will be suspended immediately if they refuse to do field sobriety tests or offer breath or blood samples. If you’ve been pulled over for DUI and an officer requests these tests, it’s critical to know what the law actually requires–and what it doesn’t:
Implied Consent in Tennessee Explained
Tennessee’s implied consent law states that by driving on public roads, you inherently agree to submit to chemical testing if an officer has probable cause to suspect impairment. This law aims to deter impaired driving and provide law enforcement with a tool to gather evidence. However, it does not grant officers the right to test without reason. They must first establish specific facts—such as slurred speech, the smell of alcohol, erratic driving, or poor performance on field sobriety testing—to justify the request.
What Happens If You Refuse Tests?
If you refuse a blood or breath sample you can be charged with an implied consent violation. However, it’s crucial to understand that a refusal alone does not trigger an automatic license suspension. Before the State can suspend your license for refusal, a court hearing must occur, during which a judge will determine if the officer had probable cause and whether you were adequately informed of the consequences of refusal.
This conditional nature of implied consent violations means that if your attorney identifies legal missteps—such as the officer lacking probable cause or failing to properly advise you of the testing requirements—your implied consent charge could be dismissed. Until the court resolves this issue, your driver’s license typically remains intact. The implied consent charge can have numerous court dates along with the DUI charge wherein your case may be pending for 3-24 months with no impact on your license.
You cannot be charged with implied consent or any additional charges for refusing field sobriety tests. Those tests are 100% voluntary. Generally, you will likely be arrested for failing to perform such tests, but you will also be arrested for performing poorly giving the state more evidence to convict you of DUI. Under Tennessee law, even if you pass field sobriety tests, an officer can arrest you if the totality of the circumstances makes the officer believe you are under the influence. But in the thousands of DUI cases we have handled, those tests are so technical and so many people fail even not impaired that it is better to just refuse.
Being Charged vs. Being Convicted: Why the Distinction Matters
It’s important to understand the difference between being charged and being convicted of a crime in Tennessee. When you’re charged, it means the State believes there’s enough evidence to allege that you committed a crime—but guilt has not yet been established. Until a conviction is secured, you remain legally innocent, and the prosecution must prove its case against you in court.
While facing a DUI charge is undoubtedly serious, it does not automatically lead to a loss of your driver’s license. The legal process can take months, allowing you the opportunity to continue driving unless a judge imposes specific pre-conviction conditions. During this period, your attorney can challenge the evidence, negotiate with prosecutors, and work to protect both your ability to drive and your freedom.
A conviction occurs only after you’ve been found guilty beyond a reasonable doubt—either through a plea or a verdict at trial. Once convicted, penalties are enforced, often including mandatory license suspension, fines, potential jail time, and possibly further ignition interlock device requirements. At that point, your driving privileges are subject to statutory penalties aligned with the severity of the offense, any prior convictions, and whether aggravating factors (such as a very high BAC or involvement in an accident) were present.
In short, being charged with DUI in Tennessee does not mean an immediate loss of your license. There’s a critical distinction between accusation and proof. Until the court renders a conviction, your license generally remains intact, provided you meet any conditions set by the court. Our Knoxville DUI attorneys who are routinely recognized as some of the best DUI lawyers and criminal defense attorneys in East Tennessee routinely protect individuals rights and licenses from being suspended.
How Tennessee’s Ignition Interlock Requirements Could Affect You
Recent changes to Tennessee’s laws have expanded the requirement of ignition interlock devices in specific DUI cases. This means you may be required to install an IID as a condition of bail if certain risk factors apply, such as:
- Prior DUI or related convictions
- Accidents involving property damage or injury
- Having a minor in the vehicle at the time of arrest
- Previous license suspensions for implied consent violations
If ordered to install an IID, you must do so within 10 days and provide proof to the court. Failing to comply may result in stricter penalties or even bond revocation. Keep in mind that pre-conviction IID time does not count toward any IID requirements imposed after a DUI conviction.
What Happens To Your License If You Are Convicted Of DUI In Tennessee?
If a court finds you guilty of DUI, the consequences for your driver’s license become serious and immediate. Tennessee law imposes mandatory license suspensions upon conviction, and the severity depends on factors like prior DUI convictions, the level of impairment, and whether any aggravating circumstances were involved. However, this is yet another reason not to give blood. If you are convicted of DUI, you will lose your license. So, there is no reason to consent to implied consent and provide additional evidence of DUI that has much more severe consequences than the implied consent charge. Your attorney may be able to demonstrate a lack of probable cause or a technicality to get the implied consent charge dismissed at a hearing, or through negotiations as well.
First-Time DUI Convictions
For a first-time DUI conviction, expect a mandatory license suspension, generally lasting one year. During this period, you may be eligible for a restricted license that allows limited driving for essential purposes—such as traveling to work, school, or necessary medical appointments. Installing an IID may also be a condition of receiving these privileges.
Repeat DUI Offenses or Aggravating Circumstances
If you have previous DUIs, the suspension period typically increases. Multiple convictions can lead to multi-year suspensions or even permanent revocations. Aggravating factors—like a high blood alcohol content, driving with a minor in the car, or causing an accident resulting in serious injury—can also lengthen the suspension and add additional penalties, including extended IID requirements or mandatory participation in alcohol treatment programs.
Once you’ve served your suspension, reinstating your license often involves meeting several requirements. You might need to complete DUI school, install an IID for a set duration, pay reinstatement fees, or show proof of financial responsibility (such as SR-22 insurance).
A DUI conviction’s impact on your license can be disruptive and significant. However, the steps you take immediately after being charged—and before conviction—can influence the outcome. This is where a skilled DUI attorney can make a substantial difference.
How a DUI Lawyer Can Help Protect Your Driving Privileges
Facing a DUI charge can be overwhelming, especially when your license—and by extension, your job, family commitments, and daily life—hang in the balance. An experienced DUI lawyer can level the playing field, ensuring that every aspect of your case is thoroughly examined and that your rights are safeguarded at every turn.
Legal Expertise and Strategy
A skilled attorney understands Tennessee’s DUI laws, including the nuances of implied consent and roadside investigations. They can identify procedural errors, challenge questionable evidence, and hold the prosecution to its burden of proof.
Challenging the Evidence
Were your field sobriety tests administered correctly? Did the officer have legitimate probable cause for the traffic stop? Were your constitutional rights violated at any point during the investigation? Your attorney will ask these questions and more, potentially weakening the State’s case against you.
Preserving Your License Before Conviction
If the court considers imposing an IID or other conditions while your case is pending, your lawyer can argue for less restrictive measures. They can also help you understand the requirements, so you remain compliant and reduce the risk of additional penalties.
Negotiating Better Outcomes
Sometimes a plea deal can minimize the penalties you face—even helping you avoid license suspension altogether. Whether it’s reducing a DUI to a lesser offense like reckless driving or having the case dismissed outright, an attorney’s negotiation skills can be invaluable for your defense.
Providing Peace of Mind
Above all, having a DUI lawyer by your side eases the burden of navigating the legal system alone. Your lawyer will keep you informed, prepared, and confident, ensuring you know your options at every stage.
Take Control of Your DUI Case With Barnes & Fersten
Facing a DUI charge can feel like a dead end, but it doesn’t have to define your future behind the wheel. By understanding Tennessee’s DUI laws and making informed choices, you can put yourself in the best position to preserve your license and move forward. If you’re ready to take control of your case, our Knoxville DUI attorneys are here to guide you every step of the way. Call Barnes & Fersten today at 865-805-5703 or fill out our contact form for a free consultation with our legal team.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
