DUI & BUI Defense 

Being arrested for a DUI or BUI in Nashville can be an overwhelming experience. One moment you are enjoying a dinner out or a day on Percy Priest Lake, and the next you are facing handcuffs, impoundment, and the humiliating process of booking.

At Nicholson & Hall, PLLC, we understand that good people often find themselves in difficult legal situations. A charge is not a conviction. Whether it is a roadside stop off Broadway or a safety check on Old Hickory Lake, the state must prove every element of their case against you. We are here to ensure they are held to that burden.

If you are facing alcohol-related charges in Middle Tennessee, do not wait. The clock is already ticking on your driving privileges and your defense.

Why Hire Us to Fight Your Case?

DUI and BUI cases are scientifically complex and procedurally strict. They are not simple traffic tickets; they rely on chemical tests, field sobriety exercises, and officer subjectivity. Both Chelsea and Justin have attended the TACDL (Tennessee Association of Defense Lawyers) DUI Trial Defense Training CLE (Continuing Legal Education).  We approach these cases with a meticulous defense strategy:

• Challenging the Stop: Did the officer have reasonable suspicion to pull you over or board your boat? If the stop was illegal, the evidence often must be thrown out.
• Analyzing Field Sobriety Tests: These tests are voluntary and often subjective. Poor balance or nervousness is not proof of intoxication.
• Implied Consent Law:  Did you refuse consent to the blood drawing? If so, you could lose your license for a year or more.
• Protecting Your Future: We fight to minimize jail time, protect your license, and keep your record as clean as possible.

DUI 1st Offense: The Stakes Are High

Tennessee has some of the strictest DUI laws in the country. Even for a first-time offender with no prior criminal record, the penalties are mandatory and severe if convicted.

Potential Penalties for DUI 1st Offense:

• Jail Time: Mandatory minimum of 48 hours in jail. If your Blood Alcohol Content (BAC) was .20% or higher, the mandatory minimum increases to 7 consecutive days.
• Probation: You will serve the remainder of an 11-month and 29-day sentence on probation.
• License Revocation: Your driver’s license will be revoked for one year.  
  • We can often help you obtain a restricted license.
• Fines & Fees: Fines range from $350 to $1,500, plus court costs and fees for DUI school.

Our Goal: For first offenses, our primary goal is often dismissal or reduction to a lesser charge, such as Reckless Driving, to avoid the permanent stigma of a DUI conviction.

DUI 2nd, 3rd, and More

If you have prior DUI convictions, the state of Tennessee escalates the penalties drastically. Prosecutors in Davidson County take these cases very seriously, seeking long jail sentences and heavy fines.

DUI 2nd Offense:

• Jail Time: Mandatory minimum of 45 days in jail.
• License Revocation: Loss of license for two years.
• Vehicle Seizure: The state may seize and forfeit the vehicle you were driving.
• Fines: Up to $3,500.

DUI 3rd Offense:

• Jail Time: Mandatory minimum of 120 days (4 months) in jail.
• License Revocation: Loss of license for six years.
• Fines: Up to $10,000.

DUI 4th Offense (E Felony):

• A fourth DUI is a Class E Felony, carrying a minimum of 150 days in confinement and the status of a convicted felon.

BUI Defense (Boating Under the Influence)

Nashville is surrounded by beautiful lakes and waterways like Old Hickory Lake, Percy Priest Lake, and the Cumberland River. However, the Tennessee Wildlife Resources Agency (TWRA) aggressively patrols these waters.

Operating a vessel—whether it’s a pontoon, ski boat, or jet ski—while impaired carries similar penalties to a DUI, including jail time and fines. However, there is one critical legal distinction that makes hiring an attorney vital for BUI cases.

Unlike a DUI, which is statutorily ineligible for Judicial Diversion in Tennessee, BUI charges may still be eligible for Judicial Diversion under certain circumstances.

If you are eligible and the court grants diversion, you plead guilty, but the judgment is "diverted" (paused). You are placed on probation, and if you successfully complete it, the case is dismissed and can be expunged from your record entirely.

This is a massive advantage unique to BUI defense that does not exist for DUI. We know how to negotiate with prosecutors to fight for this outcome, protecting your criminal record from a permanent conviction.

Take Control of Your Defense

A DUI or BUI arrest is a frightening event, but it is not the end of the road. You have rights, and you have options.

Call Nicholson & Hall, PLLC today for a free, confidential consultation. Let us review the facts of your stop, analyze the evidence, and build a defense designed to protect your freedom and your future.