I blew under the limit. Why am I still charged with DUI?

Because the number is only one of two separate ways to be guilty of DUI in Tennessee, and the State can lose the one and still have the other.

If the number doesn't decide it, what does?

Impairment. The State can prove either that your alcohol level was at or above the legal limit, or that alcohol, marijuana, a prescription medication, or some combination of them left you unable to drive safely. The second route contains no number at all. Tennessee courts have upheld convictions where the driver refused testing, where the equipment failed, and where the only witness was the arresting officer.

Doesn't a low reading count for something?

It counts as evidence. It is not a rule. Tennessee law hands the State an advantage once the number reaches the limit, and hands you nothing below it. There is no presumption that you were sober, and no judge will instruct the jury that a low number means anything. It is something you argue, not something the law gives you.

Can they use my low number against me?

They can try. The test measures you at the station, not at the roadside, and the State may call an expert to argue your level was higher when you were driving. Write down the time you were stopped and the time you were tested, and give both to your lawyer. Note who you are, too: for drivers under twenty-one, and for anyone in a commercial vehicle, the line sits far lower, and a low number can be the offense itself.

So is this a case I can fight?

Yes, genuinely. Below the limit the State loses its statutory advantage and has to prove impairment to a jury. That is a real fight. It is not an automatic dismissal, and treating it as one is how people get badly surprised.

About the Author

David G. Ridings is a Nashville criminal defense attorney, former police officer, and former prosecutor with nearly 40 years of experience in the Tennessee justice system. Known as “DrJudge,” he educates hundreds of thousands about their rights during police encounters.

Call to Action

If you were charged with DUI in Tennessee after a test that came back under the limit: 👉 Don't talk. Call 1-888-DRJUDGE