Can a Lawyer Get My DUI Expunged in Tennessee?

Criminal convictions can affect many aspects of your life. Your employer may conduct a background check if you apply for a job. If the employer sees you have a conviction, they may not hire you. Convictions can make it difficult to buy a home, rent an apartment, obtain credit, or keep access to a firearm. A conviction can affect your ability to enter a college or educational program.

What is a criminal expungement?

A criminal expungement removes a prior conviction from your criminal record. Tennessee law on expungement of criminal records allows a prior conviction to be expunged if:

• The charges were dismissed.
• A “no true bill” was returned by a grand jury.
• You were arrested, but you weren’t charged.
• You were acquitted by a judge or a jury of your peers.
• Your case was subject to a nolle prosequi (a decision by the prosecution not to pursue the charges).
• Your conviction was overturned on appeal.

Most misdemeanors and some felonies can be expunged. In general, however, criminal charges cannot be dismissed if the conviction is for a violent offense, a sex crime, or a DUI conviction. A DUI conviction cannot be expunged because it is an enhanceable offense, meaning that the penalties increase if you commit the crime more than once.

What is an enhanceable offense?

An enhanceable offense is a crime that gets more serious with each additional charge. For example, the first time you commit a crime, it might be considered a misdemeanor, but if you commit that same crime multiple times, you could face felony charges. In Tennessee, DUI is considered an enhanceable offense, and each conviction will lead to progressively harsher penalties:

• Second DUI: A second DUI conviction within ten years of the first increases penalties significantly. The minimum jail time rises to 45 days, fines range from $600 to $3,500, and the driver’s license suspension period is extended to two years.
• Third DUI: The third offense has even more severe penalties, including at least 120 days in jail, fines of between $1,100 and $10,000, a license suspension of six years, and vehicle forfeiture.
• Fourth or subsequent offenses: A fourth DUI is a Class E felony in Tennessee, and each felony conviction adds to the severity of the punishment. The penalties include one year in jail and at least 150 consecutive days served, fines ranging from $3,000 to $15,000, and an eight-year license suspension.

Tennessee also imposes stiffer penalties if the driver’s blood alcohol concentration (BAC) is significantly above the legal limit (0.20% or higher). DUI cases involving aggravating factors—such as causing an accident, injuring others, having a minor passenger, or fleeing the scene—can also lead to enhanced charges and penalties.

Tennessee’s lookback period for DUIs is 10 years. This means that any DUI charge within ten years will count as a prior offense and lead to increased penalties. This ten-year look-back applies to misdemeanor DUIs, but for a fourth offense and beyond (felony DUIs), the look-back is lifelong, as prior offenses will always count toward enhancing penalties.

If I can’t clear my record, what can I do?

Many traffic offenses can be expunged in Tennessee. A DUI lawyer can work to reduce your charges to the underlying traffic offenses, such as speeding or running a red light. If the charges are reduced to a non-DUI misdemeanor (such as reckless driving or reckless endangerment), then you might have a chance to keep your driver’s license and avoid installing an ignition interlock device (IID) on your vehicle. In these cases, you might also be able to seek record expungement.

Reckless driving is operating a vehicle in a way that shows a willful or wanton disregard for the safety of others. When a DUI charge is reduced to reckless driving, it could involve enhanced penalties that are more severe than standard reckless driving but less serious than a DUI, such as:

• DUI school
• Potential fines
• Jail time based on the severity of the charge

Drivers who refuse to submit to a breath test, a blood test, or field sobriety tests may be charged with a violation of the Tennessee implied consent rules. This can lead to a license suspension and possibly more serious consequences, especially for those with earlier DUIs.

Can a DUI charge be dismissed?

A DUI charge can be dismissed for a variety of reasons, such as:

• Lack of convincing evidence, e.g., inconsistencies in BAC results
• Faulty or defective sobriety tests
• Procedural errors in the testing process
• No probable cause for the arresting officer to make the initial stop
• Violations of the driver’s constitutional rights
• A medical condition that affected the test results

While it is possible to have a DUI charge dismissed, each case is unique and depends on the specific circumstances. Consulting with an experienced Tennessee DUI defense attorney to assess whether case dismissal or charge reduction is the best option for you is critical.

At the Law Offices of Adrian H. Altshuler & Associates, our attorneys have the experience to question police officers and challenge the admission of evidence related to a DUI charge. We understand the complexity of DUI laws, and our primary goal is to have DUI charges dismissed and any test results suppressed. We often negotiate fair agreements for our clients, but when necessary, we’re ready to aggressively fight the charges in court.

To learn more about DUI and expungement in Tennessee, call the Law Offices of Adrian H. Altshuler & Associates or fill out our contact form to schedule a free initial case evaluation today. We have offices conveniently located in Franklin, Columbia, and Brentwood.