Can I get diversion on my first DUI?

No. In Tennessee, a DUI cannot be diverted, and that includes a first offense.

Isn't diversion what first-time offenders get?

Diversion is an arrangement where your case is set aside while you meet certain conditions, and the charge is dismissed at the end. Tennessee has two versions of it, one run by the prosecutor and one run by the judge, and driving under the influence is named in both as an offense that does not qualify. That is true for a first offense, true for a low reading, and true even if the prosecutor would be willing to agree to it. If someone told you to finish a program and the charge would disappear, they were describing another state's law. People have turned down good outcomes while waiting for a diversion offer that can never be made.

Can a first DUI be cleared from my record later?

Not if it ends in a conviction. A DUI conviction in Tennessee can never be expunged (legally cleared from your record), first offense included, and no waiting period ever changes that. A charge that ends without a conviction is a different question, and one worth asking a lawyer about. A conviction is permanent.

What does a first DUI conviction actually carry?

A first DUI conviction carries at least forty-eight consecutive hours in the county jail or workhouse, and the judge cannot waive that minimum. A judge can order more, up to eleven months and twenty-nine days, but never less. For offenses on or after July 1, 2024, a reading of 0.15 or higher raises the minimum to seven consecutive days, and a child under eighteen in the vehicle adds thirty more days on top. Until July 2023, judges in metropolitan-government counties such as Nashville could order public service work instead of the minimum jail time on a first offense, but that option has been repealed. A conviction also brings a mandatory minimum fine and a one-year loss of your license.

Does a first DUI keep counting against me?

Yes, for years. A prior DUI conviction counts toward a new charge if the two offenses happened less than ten years apart, measured from offense date to offense date, not from the date the case closed. Those windows link together, so a string of offenses can bring back a conviction as old as twenty years. A second offense carries a minimum of forty-five consecutive days, and that minimum cannot be replaced with probation.

So what actually protects me?

An arrest is an accusation, not a verdict. To arrest you, the officer needed only enough facts to believe an offense had probably happened. To convict you, the State has to prove every part of the charge beyond a reasonable doubt, and you are presumed innocent. What keeps a first case from counting against you later is that it never ended in a DUI conviction: a dismissal, a grand jury's refusal to indict, an acquittal, or a reduction to a different charge leaves no prior DUI to count. A reduction has a cost of its own, though. Nobody is entitled to one, and a reckless driving conviction that started as a DUI charge can matter later. If you refuse a test on a stop within five years, that conviction can make the two license suspensions run one after the other instead of at the same time. With no soft landing available, the case itself is what has to be fought.

None of this means any particular case will be won. It means the decisions you make in the first days, such as whether to talk and whether to plead at the first court date, deserve a lawyer's review before you make them.

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've been charged with a first DUI anywhere in Tennessee and someone has told you to hold out for diversion: 👉 Don't talk. Call 1-888-DRJUDGE