DUI Defense
Short answer: yes, a person can be arrested for DUI in Tennessee without having had anything to drink. The law covers driving while impaired by any intoxicant, drug or medicine, not only a blood alcohol level of 0.08% (T.C.A. § 55-10-401). When an officer suspects impairment and there is a zero breath reading, or no breath test was offered, the officer will usually ask for blood and send it to the TBI crime lab. The case continues while the result is pending, and lab results can be delayed. A report showing no alcohol and no drugs does not end the case automatically, but it removes the chemical evidence.
Questions about an arrest in Shelby County or the surrounding counties: (901) 324-5000, or call or text 901-412-2973. Se habla español.
How a DUI arrest happens without alcohol
Tennessee’s DUI statute has two separate branches. One is a number: a blood or breath alcohol concentration of 0.08% or more. The other has no number. It makes it a crime to drive under the influence of any intoxicant, marijuana, controlled substance, drug or substance affecting the central nervous system that impairs the ability to drive safely. An officer can arrest on the second branch with a breath reading of 0.00.
The arrest decision is made at the roadside, on what the officer observes: the driving, the driver’s appearance and speech, performance on field sobriety tests, and anything the driver says, including statements about medication. Field sobriety tests are voluntary in Tennessee, and declining them is not a refusal under the implied consent law.
Why you were stopped, and whether it was lawful
Every DUI case starts with a reason for the stop. An officer needs reasonable suspicion of a traffic violation or a crime to pull a car over, probable cause to arrest, and probable cause in a sworn statement to get a warrant for blood. A stop for an actual violation, such as a tag light or a lane line, is lawful. It may not be extended beyond the time needed to handle that violation unless the officer develops a separate, specific reason to suspect impairment (Rodriguez v. United States, 575 U.S. 348 (2015)).
In a case with no alcohol reading, that separate reason is the central question: what the officer observed that pointed to impairment. Video from the stop is usually the best record of it. If the stop, its extension or the arrest was not legally supported, a court can suppress the blood result that followed.
Why blood was taken
A breath test measures alcohol only. When the breath reading is zero or low and the officer still suspects impairment, a blood test is how the State looks for drugs. Under T.C.A. § 55-10-406, blood may be taken with the driver’s consent, with a search warrant, or without a warrant when exigent circumstances exist.
- Consent. The questions are whether the consent was voluntary and whether the implied consent warning was given. If the warning is not given, the court cannot suspend the license for a refusal (§ 55-10-406(d)(3)).
- Warrant. A warrant must rest on facts in the officer’s sworn statement, and that statement can be reviewed.
- Refusal. An officer may seek a warrant after a refusal. Since 5 May 2025 a refusal can be charged even when blood is then drawn by warrant. A first refusal carries a one-year license revocation, or 18 months when the test refused was blood, and it is decided by the court separately from the DUI. See refusing the test in Memphis.
When no breath test was offered
Some drivers are never offered a breath test, including drivers who ask for one. Tennessee law leaves the choice to the officer, who decides whether to give breath tests, blood tests or both (§ 55-10-406(c)(1)(C)). Nothing requires a breath test first.
Asking for a breath test and not receiving one is not a refusal. A refusal requires an arrest, a request from the officer, the statutory warning and a refusal to submit (§ 55-10-406(d)(4)). The statute also makes an officer’s failure to request a test admissible as evidence at trial (§ 55-10-406(k)).
The blood must be drawn by a person qualified to do it, and the sample goes to the Tennessee Bureau of Investigation or another accredited crime laboratory (T.C.A. § 55-10-408). The same statute allows the person tested to have an additional sample taken and tested by a licensed medical laboratory of their choice, at their own expense. More on testing is on the breath and blood test page.
What Tennessee’s reported data shows
A 2025 law, Public Chapter 327, requires the TBI to report each year through 2029 on DUI arrests in which no alcohol or other intoxicant was detected in the driver’s blood or breath. The first report, released in January 2026, counted 419 such arrests in 2024. In the agency list from that report published by FOX 17, the Highway Patrol’s Jackson district had 40, its Memphis district had 15 and the Madison County Sheriff’s Department had 7. The TBI has since said its earlier counts missed qualifying cases, and the total since 2017 is now reported as 2,547.
The TBI cautions against reading these numbers as proof that each driver was sober. It says a report with nothing detected does not by itself mean that, because its screening does not detect every substance that can impair.
Tennessee news outlets have reported on these arrests since 2024, including claims by former troopers of pressure to increase DUI arrest numbers. The Highway Patrol’s colonel told lawmakers in January 2026 that there is no quota and that the agency’s review had found no improper arrest. The same reporting describes what has happened in individual cases: charges dismissed after the lab report came back with nothing detected, federal lawsuits filed by drivers, and settlements paid by some local governments. These are reported cases and allegations, not findings about any agency, and none of them decides another person’s case.
While the lab result is pending
Lab results are not immediate, and delays are possible. The case does not pause in the meantime: court dates go ahead and any bond conditions still apply.
- Your license. Tennessee does not suspend a license at a DUI arrest. A DUI revocation follows a conviction. The exception is a refusal charge, which the court can decide as early as the first appearance.
- Video. Body camera, dash camera and jail video record how the driver walked, spoke and followed instructions.
- Records. Prescription records, medical records and information about the hours before the stop can be relevant to what the officer observed.
Statements made to an officer or a prosecutor about the case can be used as evidence.
What the result changes
No alcohol and no drugs
A report with nothing detected removes the chemical evidence. It does not dismiss the case by itself, because the impairment branch of the statute does not require a lab result. WSMV reported in January 2026 that in every case it reviewed, the DUI charge was dropped once the TBI bloodwork came back clean. A DUI charge that is dismissed can be expunged at no cost, with no waiting period (T.C.A. § 40-32-106).
A prescription or over-the-counter medicine
A valid prescription is not a defense to DUI in Tennessee (T.C.A. § 55-10-411). The State still has to prove that the medicine impaired the ability to drive safely. The statute sets a numeric limit only for alcohol, so a lab report that finds a medication shows that it was present, and impairment has to be proved by other evidence. See drug DUI defense.
When the report shows only THC
When a report shows no alcohol and no other drug, a THC finding may become the basis for continuing the charge. Tennessee has no THC level that defines impairment. The National Highway Traffic Safety Administration told Congress that THC levels in blood correlate poorly with impairment and that setting a legal limit is not meaningful (Marijuana-Impaired Driving: A Report to Congress, 2017). The State still has to prove impairment at the time of driving. Testing methods are discussed on the drug testing page.
Alcohol under 0.08%
A result under 0.08% removes the number branch of the statute. A charge can still proceed on the impairment branch, based on the driving and the officer’s observations.
Where the case is heard
The court depends on where the stop happened and which agency made the arrest.
| Arrested in | Court | More |
|---|---|---|
| Memphis, Cordova, unincorporated Shelby County | Shelby County General Sessions Criminal Court, 201 Poplar Avenue, Memphis | First DUI in Memphis |
| Millington, Arlington, Lakeland | Shelby County General Sessions Criminal Court, 201 Poplar Avenue | Millington, Arlington and Lakeland |
| Bartlett | Bartlett City Court | Bartlett DUI |
| Germantown | Germantown Municipal Court | Germantown DUI |
| Collierville | Collierville Municipal Court | Collierville DUI |
| Tipton County (Covington, Atoka, Munford) | Tipton County General Sessions Court, Covington | First DUI in Tipton County |
| Fayette County (Somerville, Oakland) | Fayette County General Sessions Court, Somerville | First DUI in Fayette County |
| Lauderdale, Haywood, Hardeman counties | General Sessions Court in Ripley, Brownsville or Bolivar | Lauderdale, Haywood, Hardeman |
What it costs
For a first-offense DUI in a West Tennessee General Sessions court, the firm’s fee is generally $2,500 to $5,000, depending on what the case requires. The fee by court is on the DUI cost by court page.
Frequently asked questions
Can you get a DUI in Tennessee if you were not drinking?
Yes. Tennessee’s DUI law covers impairment by any intoxicant, drug or medicine, and an officer can arrest on observed impairment without an alcohol reading. Whether the State can prove impairment in court is a separate question.
I blew 0.00. Why did they still take my blood?
A breath test measures only alcohol. When it reads zero and the officer still suspects impairment, a blood sample is sent to the crime lab to test for drugs.
How long do DUI blood test results take in Memphis?
There is no fixed timeline. Results are not immediate and can be delayed, and court dates go ahead in the meantime.
My blood test came back negative. Is my DUI dismissed?
Not automatically. The prosecutor has to dismiss the charge or a judge has to rule. A negative result removes the chemical evidence, and a dismissed DUI can be expunged at no cost.
They never offered me a breath test. Can they do that?
Yes. Under T.C.A. § 55-10-406 the officer decides whether to give breath tests, blood tests or both. Asking for a breath test and not receiving one is not a refusal, and the officer’s failure to request a test is admissible at trial.
Does the case wait for the blood results?
No. Court dates and any refusal charge proceed before the lab reports.
Contact
Brooks Law Firm handles DUI cases in General Sessions at 201 Poplar, the suburban courts and the surrounding counties. Related: Memphis DUI defense and how a DUI case is defended. Call (901) 324-5000 or text 901-412-2973.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Implied-consent periods depend on the date of the arrest and the driver’s history. The outcome of any case depends on its facts.