Tennessee DUI/DWI Court Process and Procedure

When anyone charged with a crime in Tennessee is arrested, the police officers who arrest them are required to inform them of the charges against them and bring the defendant before a magistrate.

Typically, this must be done within 72 hours of the arrest. The magistrate will inform the defendant of the charges against him or her and the right to a lawyer.

The court will allow the defendant time to get a lawyer and will consider whether to release him or her on bail. The court can require various things from the defendant before allowing them to be released on bail, ranging from a promise to appear (which is known as "release upon one's own recognizances") to restrictions on the defendant's behavior, to a bond which the defendant must forfeit to the court if he or she fails to appear when called. Bail will typically be granted on some terms in DUI cases in Tennessee.

The court will typically conduct a preliminary hearing to determine whether a crime has been committed and whether the defendant is probably guilty of that crime. If the court concludes that the defendant probably is guilty of the crime he or she is charged with, the case will be set for trial.

Less serious DUI cases are heard in county courts or in district courts while more serious ones are always heard in district courts. Both courts try DUI cases with jury trials.

Source: Tennessee Code Title 55 (Motor and Other Vehicles) 55-10-203, Tennessee Code Title 40 (Criminal Procedure) 40-10-101, 40-10-102, 40-11-102, 40-4-101