DUI Offenses
Nashville DUI defense — from the traffic stop to the jury box.
Charged with a DUI in Nashville? You Need a Fight, Not a Guilty Plea.
A DUI charge is not a DUI conviction. The moment you were arrested, the State of Tennessee started building a case against you — and every day you wait, you lose leverage to fight back.
I’m Nathan Cate. I’ve defended DUI cases in Davidson, Williamson, Rutherford, Sumner, and Wilson County courts. I know what Middle Tennessee prosecutors will try to do with your breath test, your field sobriety results, and the officer’s report — and I know how to take those pieces apart.
Free consultation. Call (615) 664-8083. Available 24/7.
Watch: DUI Questions, Answered in Under a Minute
What Tennessee Law Actually Says About DUI
Tennessee’s DUI statute is Tenn. Code Ann. § 55-10-401. To convict you, the State has to prove beyond a reasonable doubt that:
- You were driving or in physical control of a motor vehicle
- On a public road, highway, or premises frequented by the public
- While under the influence of alcohol, any intoxicant, marijuana, a controlled substance, or any combination — OR with a blood alcohol concentration (BAC) of .08 or higher (.04 for commercial drivers, .02 for drivers under 21)
Every one of those elements is attackable. That’s the job.
Penalties You Could Be Facing
1st Offense DUI (BAC .08+)
- Jail: 48 hours to 11 months, 29 days (minimum 7 consecutive days if BAC .20+)
- License revocation: 1 year (restricted license available)
- Fine: $350–$1,500
- Ignition Interlock Device — first-year cost exceeds $1,000
- Alcohol and drug treatment required
- Restitution to any injured parties
- Total average cost with ancillary expenses: ~$4,900
- If you have two convictions within 5 years — Ignition Interlock required for 6 months post-reinstatement
2nd Offense DUI
- Jail: 45 days to 11 months, 29 days
- License revocation: 2 years (restricted license available)
- Fine: $600–$3,500
- Vehicle seizure/forfeiture possible
- Alcohol and drug treatment mandatory
- Ignition Interlock Device at your expense
3rd Offense DUI
- Jail: 120 days to 11 months, 29 days
- License revocation: 6 years (restricted license available)
- Fine: $1,100–$10,000
- Vehicle seizure/forfeiture possible
- Alcohol and drug treatment required
- Ignition Interlock Device at your expense
4th and Subsequent DUI — This Is a Felony
- Classification: Class E Felony
- Jail: 1 year (365 days) minimum, with 150 consecutive days served
- License revocation: 8 years (restricted license available)
- Fine: $3,000–$15,000
- Vehicle seizure/forfeiture possible
- Alcohol and drug treatment required
- Ignition Interlock Device at your expense
Source: TN Department of Safety & Homeland Security; Tenn. Code Ann. § 55-10-402.
How I Fight a DUI Case
Every case is different. But here are the places I look first when a client walks in with DUI paperwork:
1. Was the stop legal?
Police need reasonable suspicion to pull you over and probable cause to arrest you. If the officer stopped you on a hunch, or extended the stop without justification, every piece of evidence that came after — the smell of alcohol, the field sobriety tests, the breath test — may be suppressed. No evidence, no case.
2. Was the breathalyzer calibrated and operated correctly?
Breath test machines must be calibrated on a strict schedule. The officer must be certified to run it. If the calibration logs don’t match, or the 20-minute observation period was rushed, the result is challengeable.
3. Were the field sobriety tests administered properly?
The Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand tests have specific NHTSA protocols. Officers skip steps all the time. When they do, the “fail” loses its evidentiary weight.
4. Did they Mirandize you before custodial questioning?
If you were in custody and the officer asked questions without reading you your rights, those statements get thrown out.
5. Chain of custody on the blood draw
Blood tests pass through multiple hands — the phlebotomist, the TBI lab, the evidence room. A break in that chain, or a contamination issue, can kill the result.
6. The rising BAC defense
Alcohol takes time to absorb. You may have been under .08 while driving and over .08 an hour later when they tested you. I use expert testimony to show the jury that difference.
What to Expect in Davidson County DUI Court
- Arrest & booking — usually at the Metro Davidson County Sheriff’s Office
- Bond hearing — often the next business day
- General Sessions arraignment — you enter a plea; the State makes a first offer
- Preliminary hearing — I cross-examine the officer, probe the State’s evidence
- Grand jury / indictment (if bound over)
- Criminal Court arraignment
- Motions — suppression motions are where DUI cases are often won or lost
- Trial or negotiated plea
Most of my clients never want to see a jury. But the willingness to take a case to trial is exactly what gives me leverage to negotiate a better outcome.
Frequently Asked Questions
Can a DUI be expunged in Tennessee?
A DUI conviction cannot be expunged. That’s why fighting the case on the front end matters so much. If the charge is reduced to reckless driving or dismissed, expungement may be possible.
Do I have to blow into the breathalyzer?
Tennessee has an implied consent law (Tenn. Code Ann. § 55-10-406). Refusing a breath or blood test carries its own license revocation penalty — 1 year for a first refusal, 2 years for a second. But refusal also means the State has less evidence. Whether to refuse is case-specific; if you’re reading this after the fact, call me and we’ll talk.
What if the officer got a warrant for my blood?
A valid warrant makes the blood draw lawful — but the warrant itself, the probable-cause affidavit, and the draw procedure are all challengeable. Bad warrants get suppressed.
Will a DUI show up on a background check?
Yes. Arrests, pending charges, and convictions all show. That’s why the goal is to get the charge reduced or dismissed before it becomes a conviction.
How much does a DUI lawyer cost in Nashville?
Less than the cost of the DUI itself — which, between fines, Interlock, insurance hikes, and license reinstatement, averages around $4,900 for a first offense. I offer a free consultation and flat-fee representation for most cases.
What’s the difference between DUI and DWI in Tennessee?
Tennessee uses DUI — Driving Under the Influence. Some neighboring states use DWI. Same general idea, different state statutes.
Why Cate Law
- Highly rated on Google — my clients talk about me the way I want them to
- I personally handle every case — you will never be passed off to a junior associate
- Middle Tennessee courtrooms are where I live — Davidson, Williamson, Rutherford, Sumner, Wilson, Montgomery
Free DUI Consultation
Don’t plead guilty before you’ve talked to a lawyer. Don’t let the first prosecutor’s offer be the last word on your record.
📞 Call or text (615) 664-8083
222 2nd Ave N, Suite 220, Nashville, TN 37201
Available 24/7 — because DUI arrests don’t happen on a schedule.
Information on this page is general and does not constitute legal advice. Every case is different. Contact Cate Law for a case-specific consultation.