can they say you have a 1st,2nd,or 3rd,even though you have not been convicted
DUI / DWI Attorney
Unfortunately, you haven't provided the proper context to allow an informed answer to your question. Who do you mean by "they?"
If you are referring to courts for purposes of any mandatory sentencing, the answer is likely no. Convictions are used for the purposes of prior offenses where mandatory sentence enhancers are at play. That doesn't mean that a judge cannot look at multiple charges and, where they have sentencing discretion, hand down a more harsh sentence than they ordinarily would for a first offense.
Whatever the case, you need to consult with a qualified DUI defense attorney in Tennessee so that your case(s) can be fully explored.
Best of luck to you.