Felony DUI charges in Tennessee are serious, and the consequences can impact your daily life in unexpected ways. Whether this is your third DUI, an accident that resulted in injury, or if other aggravating circumstances were involved, a misdemeanor can quickly escalate into a felony with harsher penalties and long-term consequences.
At Herbert & Lux Attorneys at Law, we don’t believe in one-size-fits-all legal solutions. Our approach is simple: treat every client like your case is the most important one we have, because it is. From the first consultation, we dig deep into the details, listen to your side, and build a defense designed to get results. Whether you’ve been wrongfully charged or made a mistake, you still have rights, and we’re here to make sure they’re protected.
If you’re facing felony DUI charges in Nashville, now is the time to take action. Contact Herbert & Lux Attorneys at Law today for trusted criminal defense strategies tailored to your case. Your fight for justice starts now.
What Is a Felony DUI in Tennessee?
In Tennessee, most first or second DUI offenses are charged as misdemeanors, especially if there were no injuries or aggravating factors involved. But a DUI can quickly escalate to a felony depending on the circumstances, and when that happens, everything changes.
While the legal limit for blood alcohol concentration (BAC) in Tennessee is 0.08%, it’s not just your BAC that matters; it’s the situation surrounding your arrest. A DUI becomes a felony when there are serious risk factors involved.
If you’ve been charged with a felony DUI, you’re looking at a criminal charge that could change your life. These are high-stakes cases, and having the right legal guidance can make a meaningful difference in how your case is handled and what options are available to you.
Felony vs. Misdemeanor DUI: What’s the Difference?
Not all DUI charges are treated the same under Tennessee law. While many first- or second-time offenses are classified as misdemeanors, certain circumstances can quickly raise a DUI to a felony, bringing with it far more serious consequences. The shift from misdemeanor to felony often comes down to repeat offenses, whether someone was seriously injured or killed, or if there were other aggravating factors involved. This distinction isn’t just about more time behind bars; it impacts your entire case, how it’s prosecuted, and how it can affect your future in the long term.
Here are some key differences between misdemeanor and felony DUI charges in Tennessee:
- Severity of Charges: A misdemeanor DUI is typically a first or second offense without aggravating factors, while a felony DUI often involves repeat offenses, injury, death, or other serious circumstances.
- Criminal Penalties: Misdemeanors may involve short jail time and lower fines, but felony DUIs can lead to lengthy prison sentences, steep fines, and long-term license revocation.
- Court Process: Felony DUI cases are handled in higher courts and may involve grand jury indictments, which means a more complex and prolonged legal process.
- Criminal Record Impact: A felony conviction will stay on your record for life in most cases and can’t be expunged, while some misdemeanor DUIs may be eligible for limited relief over time.
- Employment and Housing: Felony DUIs can disqualify you from certain jobs, professional licenses, housing applications, and even educational opportunities.
- Loss of Rights: A felony conviction can result in losing civil rights like voting or firearm ownership, consequences that do not apply to misdemeanor DUIs.
- Long-Term Consequences: The stigma and restrictions of a felony follow you for life, making it significantly harder to rebuild after a conviction.
If you're facing a felony DUI charge, you're in a much more serious legal position than a standard DUI. Having a skilled and experienced DUI defense attorney is essential. A dedicated criminal defense attorney who understands felony DUI law can protect your rights, explore all available defenses, and work to minimize the impact this charge could have on your life.
Common Scenarios That Lead to Felony DUI Charges
In Tennessee, a DUI can quickly escalate to a felony if certain aggravating factors are involved. What may seem like a routine stop can take a serious turn depending on the circumstances surrounding your arrest. For example, if you're charged with DUI while a child is in the car, or if someone is seriously injured or killed in an accident, the state may pursue felony charges. These situations carry heightened penalties and legal consequences that go far beyond a typical misdemeanor DUI. In many cases, drivers are caught off guard by how quickly their legal situation can change, especially if they have prior convictions or are driving on a suspended license.
Here are some of the most common scenarios that can lead to felony DUI charges in Tennessee:
- DUI involving a child passenger under the age of 18
- Causing serious bodily injury while driving under the influence (vehicular assault)
- Causing a fatality while impaired (vehicular homicide or aggravated vehicular homicide)
- Third or subsequent DUI offense
- DUI while driving with a revoked or suspended license due to prior DUI
- Having a prior felony DUI conviction on your record
Without a skilled legal team by your side, you could be facing years in prison, steep fines, and a lifelong criminal record. The stakes are incredibly high, and the legal process is anything but simple. A knowledgeable DUI defense attorney can help you understand your options, protect your rights, and build a strategy tailored to the specific details of your case.
Penalties for a Felony DUI Conviction in Nashville
Facing a felony DUI charge in Nashville is serious, and a conviction can change the course of your life. These aren’t just traffic offenses; they’re criminal charges with real, lasting consequences. Even before a conviction, simply being charged with a felony DUI can affect your reputation, employment, and relationships. If convicted, the penalties go well beyond fines or temporary inconvenience. The state of Tennessee enforces strict sentencing guidelines for felony DUIs, and judges often have limited flexibility when it comes to issuing punishments.
Here are some of the penalties and consequences you could face if convicted of a felony DUI in Tennessee:
- Mandatory jail or prison time (ranging from several months to many years depending on severity and prior offenses)
- Driver’s license suspension or revocation
- Installation of an ignition interlock device (IID) on your vehicle
- Mandatory alcohol or drug treatment programs
- Probation and community service
- Permanent felony conviction on your criminal record
Beyond these direct penalties, the collateral consequences can be just as damaging. A felony DUI can impact your ability to find housing, secure employment, maintain professional licenses, or travel freely. It puts your life on pause while you and your legal team work through a complex legal system. That’s why it’s crucial to have experienced legal representation to protect your rights, freedom, and future.
Defending Against a Felony DUI Charge
If you’ve been charged with a felony DUI in Tennessee, it’s crucial to understand that you can defend yourself, but it takes the right legal team and strategy. A skilled DUI attorney can review the details of your arrest, challenge the prosecution’s evidence, and build a defense aimed at minimizing the charges or penalties you’re facing. Every case is different, and the key to a strong defense is identifying errors, inconsistencies, or mitigating circumstances that could work in your favor.
Here are some common defense strategies that an experienced DUI lawyer may use:
- Challenging the legality of the traffic stop
- Questioning the accuracy of breath or blood test results
- Pointing to improper calibration or handling of testing equipment
- Highlighting lack of probable cause or Miranda rights violations
- Introducing evidence of medical conditions that could affect BAC results or behavior
- Demonstrating that the driver was not impaired despite BAC results
- Arguing that no aggravating factor (like injury or child passenger) was present
Can a Felony DUI Be Reduced or Dismissed?
In some cases, your attorney may be able to negotiate a reduction of the charge from a felony to a misdemeanor, especially if there were no injuries, prior offenses, or aggravating circumstances. In rare instances, charges can be dismissed entirely due to procedural errors or weak evidence. The bottom line: a felony DUI charge does not always equal a conviction, especially when you have the right legal advocate fighting for you.
Schedule a Free Case Review with Our DUI Defense Team
If you’re facing a felony DUI charge in Nashville, the road ahead may feel uncertain, but you don’t have to go through it without the right support. At Herbert & Lux Attorneys at Law, our DUI defense team is committed to protecting your rights, your freedom, and your future. With deep knowledge of Tennessee law and a relentless approach to criminal defense, we work hard to minimize the impact this charge can have on every part of your life, from your record and reputation to your job and personal relationships.
Our team is here to offer clear guidance, strong legal strategies, and the advocacy you need when the stakes are high. Contact Herbert & Lux Attorneys at Law today to schedule a free consultation. Let us take the weight off your shoulders and help you move toward recovery, resolution, and a brighter future.
