In Tennessee, you are not allowed to get a judicial diversion or a pre‑trial diversion on a DUI. It is excluded by statute.
Sometimes what we do is we’ll reduce a DUI to a reckless driving, otherwise known as a defendant receiving a “wet reckless”. If we do that, the DA is not going to agree to put that reckless driving on a judicial or pre‑trial diversion, because they’re already giving up the Class A misdemeanor DUI for the Class B misdemeanor of reckless driving.
They’re not going to give you a diversion on it. In 2012, they did pass a law that allows you to get some things expunged, and reckless driving is one of them. DUI is not able to expunged, even if it’s a conviction.
There are benefits to getting a DUI as opposed to reckless driving. DUI is called “excluded” from judicial or pre‑trial diversions. You cannot beat it. If you do what I refer to as an “informal diversion,” then you might ask this case after six months be dismissed. When we’re speaking of pre‑trial and judicial diversions, those are terms of art and those have to be done according to the statute.
If you are in need of legal help after receiving a DUI, reach out to the lawyers at Hodges, Doughty, & Carson. Contact us so that we can discuss your situation. We have more than 85 years worth of experience serving the Knoxville community. We serve Tennessee residents and also out-of-state clients. We cover a wide range of professional legal practice areas so if you’re in need of help with an alcohol or drug-related crime or business and commercial law we can help.