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DUI in Memphis
A DUI in Memphis, Tennessee, is not something that should be taken lightly. Anyone who has been arrested or charged with Driving Under the Influence (e.g. drunk driving) should seek professional representation in order to avoid the harsh penalties that are mandated for breaking this law. At Lenagar & Barnes Law you receive only the best representation and we will defend you through every avenue possible.
CHARGED WITH A DUI?
If you have been charged with a DUI contact a Memphis DUI attorney at Lenagar & Barnes Law by emailing or calling us at 901-322-8711 today!
Memphis’s laws are strict and unforgiving when dealing with DUIs, and you will need an experienced criminal defense lawyer to protect you from the harshest penalties. Even a first offense imposes mandatory jail time of 48 hours up to 11 months and 29 days, and subsequent offenses can land an offender in jail for minimum of 45 days. DUIs in Memphis also mandate suspension of your driver’s license, and on average cost up to $4,900 for your first offense.
The best method to protect yourself from a DUI offense is to never drink and then get behind the wheel. Driving under the influence is dangerous and potentially lethal. In the unfortunate instance in which you do drive under the influence, call us and we will provide aggressive legal representation to defend you and protect your rights. With our experience in handling these cases, we know how to attack your charges to get the best possible outcome.
The Basics of Memphis’s DUI Laws
In Memphis, a person is guilty of Driving Under the Influence if he or she has a blood or breath alcohol concentration, commonly referred to as “BAC”, of .08 or higher, has a BAC of less than 0.8 but is impaired, or is under the influence of other drugs. You also don’t even have to be driving. Sitting parked in the driver’s seat with the keys in your hand and the car turned off is sufficient for a DUI because you are “in control of the vehicle.”
If you are pulled over and refuse to submit to a blood alcohol test, you will have your driver’s license revoked for at minimum 1 year.
A DUI is a first offense when the driver has no prior DUI convictions within the past ten years. A first time DUI offense in Memphis carries a minimum of 48 hours jail time, a fine of $350 to $1500, license revocation for 1 year, and mandatory participation in an alcohol and drug treatment program. If the first DUI offense also resulted in bodily injury to another person OR the person driving had a passenger under 18 years of age, then the minimum jail sentence is increased by 30 days!
If a second DUI offense occurs within 10 years of a prior DUI conviction, the defendant will be looking at a minimum of 45 days jail time, suspension of driver’s license for 2 years, $660 to $3500 in fines, and more.
If a third DUI offense occurs within a 10 year period, the punishment includes a minimum of 120 days jail time, up to $10,000 is mandatory fines, and license suspension for 6 years.
For more information concerning the different types of DUIs for which you can be charged, contact a Memphis DUI attorney at Lenagar & Barnes Law today.
Mandatory Jail Time and/or Community Service for a DUI Conviction in Memphis
When faced with a DUI, jail time should be on your mind as it is a serious possibility. While there are some states that have far worse and strict penalties, there are still some minimum penalties that must be served in Memphis.
For example, a first DUI requires a minimum of 2 days in jail, but a judge does have some discretion on this penalty. In lieu of jail time, a judge can allow a first offender to serve jail time under work-release, meaning the person can work during the day and return to jail each night. Also, in some jurisdictions, offenders can complete 400 hours of community service instead of the jail time. Remember, the best way to minimize the penalties associated with DUI is to hire a Lenagar & Barnes Law Memphis DUI
DUIs and Your Driving Privileges and Memphis Driver’ License
One of the worst consequences of a DUI is what it does to your Memphis driver’s license and privileges. For your first DUI, you lose your license for an entire year! A second offense gets your license suspended for two years.
How We Use Science For Your DUI Case in Memphis
Most DUI cases come down to one of two things, the traffic stop and the BAC test. Law enforcement relies on breath tests, urine tests, and blood tests to determine if the BAC is over the limit. Your Memphis DUI attorney at Lenagar & Barnes Law will review how the test was conducted, the type of test, the equipment used, the person performing the test, and more to look for scientific reason to invalidate the test. If we are able to find problems with the test, we may acquire the services of an expert witness to testify the science behind why the test was not adequate.
Trial Versus Plea Deal
In some cases, the prosecutor will make an offer for a plea deal. In other cases, the prosecutor will not make an offer and will want you to plead guilty to a DUI. Sometimes it makes sense to enter a plea deal, while others it doesn’t. The determining factor of whether you should take a deal or go to trial depends on the specifics of your case and the quality of your representation. With our experience, we know which path to take to get the best results for you. Call us today and we can help you proceed with your
case for the best possible outcome.
Probable Cause for DUI in Memphis
Almost all DUI offenders are caught during a traffic stop. That stop could be from the car swerving all over the road or simply having a tail light out or expired license tags. The reason for your traffic stop matters because if the stop was improper, then everything that occurred after the stop can be argued and potentially dismissed.
If the traffic stop was proper, then we must look at whether there was probable cause for suspicion of driving under the influence. In many cases, the police officers will use one of the following as support for probable cause:
– Glossy or red eyes
– Odor from alcohol coming from the vehicle
– Fidgety or suspicious actions
– Slurred, slow and/or deliberate speech
– Erratic driving
– Failure of field sobriety testing
The above are enough to make an arrest and require a breath, urine, or blood test. The lawyers at Lenagar & Barnes will evaluate whether there was probably cause, and challenge the findings if we disagree.
If you have been charged with Driving Under the Influence (DUI) you will need the experienced, hardworking, and professional representation of Lenagar & Barnes, PLLC. We will protect you, so call us at 901-322-8711. During your free consultation, the attorneys will see how your case is looking from the standpoint of the defense and prosecution and begin to create a plan for your representation.