The short answer: Often, yes. In State v. Ross (October 2026), the Tennessee Court of Criminal Appeals held that a DUI dismissed in general sessions could be brought back by indictment more than a year after the arrest. The time the original warrant was pending didn’t count against the State’s one-year deadline, even though that case was later dismissed.
| Case | State v. Ross |
| Court | Tennessee Court of Criminal Appeals |
| County | Maury |
| Decided | October 28, 2026 |
| Docket no. | M2025-00978-CCA-R3-CD |
| Result | Conviction affirmed; indictment timely |
| Opinion | Read the opinion (PDF) |
What happened
On November 6, 2020, Spring Hill police arrested the driver on a DUI warrant. In general sessions court, the case was continued twice because the arresting officer didn’t appear, and once at the driver’s request. On September 27, 2021, the court dismissed the case for failure to prosecute.
Less than three months later, on December 14, 2021, a Maury County grand jury indicted her for the same DUI. That was about 13 months after her arrest. She moved to dismiss, arguing that the one-year deadline for misdemeanors had run and that the dismissal wiped out any effect the original warrant had on the clock.
What the court decided
- Misdemeanors must be started within one year. A first-offense DUI is a misdemeanor, and prosecution must begin within 12 months of the offense (T.C.A. § 40-2-102(a)).
- An arrest warrant starts the prosecution. Under T.C.A. § 40-2-104 and State v. Tait, 114 S.W.3d 518 (Tenn. 2003), issuing a warrant commences the case and stops the clock.
- A dismissal doesn’t erase that time. Relying on State v. Lawson, 291 S.W.3d 864 (Tenn. 2009), the court held that dismissing the warrant didn’t undo the fact that prosecution had begun. The clock stopped for the more than 10 months the warrant was pending.
- So the indictment was on time. Coming less than three months after the dismissal, it fell well within the one-year limit.
Tim’s take
In Ross, a DUI charge was dismissed in general sessions after the arresting officer failed to appear for two court dates, and the State later indicted the driver about 13 months after her arrest. On its face, that’s past Tennessee’s one-year statute of limitations for misdemeanors. The court let the indictment stand, because the clock stopped for the more than 10 months the original warrant was pending, even though that case was later dismissed. If your DUI gets dismissed, don’t assume you’re in the clear. Talk to a lawyer who can tell you whether the State can still bring it back, and how long it has to do that.
What this means if your DUI was dismissed
- A dismissal for failure to prosecute isn’t always the end. The State can take the same charge to a grand jury.
- The one-year clock doesn’t simply run from your arrest. Time the warrant was pending is usually excluded, so the State may have more time than you expect.
- The details of how your case started matter. In Ross, the court distinguished an earlier case where the original charging paper was defective. Whether your warrant was valid can change the math.
Facing a DUI in Tennessee, or worried a dismissed charge could come back? Call (615) 652-0321 for a free consultation.
Frequently asked questions
How long does Tennessee have to charge a misdemeanor DUI?
One year from the offense. But an arrest warrant starts the prosecution, and the time it’s pending generally doesn’t count toward that year.
If my DUI was dismissed, can the State refile it?
Often, yes. A dismissal for failure to prosecute doesn’t bar the State from seeking an indictment, as long as it stays within the deadline.
Does an expungement stop the State from bringing the charge back?
Not by itself. In State v. Lawson, which the Ross court relied on, the Tennessee Supreme Court held that a dismissal and expungement didn’t erase the time the first charge was pending.
Related reading
This post summarizes a court opinion for general information. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts.
