Is It Possible to Get a DUI Charge Reduced or Dismissed?

Facing a DUI (or DWI) charge in Tennessee can feel overwhelming, but it is not inevitable that you’ll be convicted. At Burch & Stewart Attorneys in Manchester, TN, our experienced team works to reduce or even dismiss DUI charges—protecting your rights and future.

DUI penalties in Tennessee

Here’s a breakdown of potential DUI consequences in Tennessee:

• First offense:
  • Jail: minimum 48 hours, up to 11 months, 29 days
  • Fine: $350–$1,500
  • License suspension for one year (restricted license may be possible)
  • Mandatory DUI education, restitution, and ignition interlock may be required if BAC is 0.08% or higher
• High BAC (≥ 0.15%):
  • Mandatory seven consecutive days in county jail
• Second offense (within 10 years):
  • Jail: minimum 45 days, up to 11 months, 29 days
  • Fine: $600–$3,500
  • License suspension: 2 years, plus ignition interlock device
• Third offense (within 10 years):
  • Jail: minimum 120 days, up to 11 months, 29 days
  • Fine: $1,100–$10,000

Plus, under Tennessee’s implied consent laws, refusing a BAC or breath test can trigger an automatic one-year license suspension, regardless of the outcome in criminal court.

How to Get a DUI Charge Reduced or Dismissed in Tennessee

One common route to reducing a DUI charge is through a plea negotiation, where the charge may be amended to a lesser offense such as reckless driving or “wet reckless”—a charge that still acknowledges alcohol involvement but carries lighter penalties. To reach such an agreement, the defense must often show weaknesses in the prosecution’s case, such as a lack of probable cause for the traffic stop, improper administration of field sobriety tests, or faulty breathalyzer equipment. In some cases, especially for first-time offenders, the court may consider alternative sentencing options like pretrial diversion or judicial diversion, which can eventually lead to a dismissal of the charge if all conditions are successfully met.

Dismissal of a DUI charge typically hinges on the ability of the defense attorney to successfully challenge the validity of the evidence or the procedures used during the arrest. For example, suppose it is proven that the arresting officer violated constitutional rights or failed to follow correct protocols. In that case, the court may suppress key evidence, making it difficult or impossible for the prosecution to prove its case. Each DUI case is unique, and outcomes depend on factors such as prior convictions, blood alcohol content (BAC), and whether any accidents or injuries occurred. Because of the complexity of DUI law in Tennessee, working with an experienced defense attorney is crucial to evaluate all legal defenses and negotiate for the best possible outcome.

Speak with Our Experienced Tennessee DUI Attorney Now

Reducing or dismissing a DUI in Tennessee is possible—but it takes a targeted legal strategy. At Burch & Stewart Attorneys, we bring deep experience defending DUI cases, challenging evidence, negotiating plea deals, and pursuing diversion or dismissal wherever valid. Don’t risk your future. Contact us in Manchester, TN, for a free consultation today.