DUI

DUI Attorney Memphis, TN

Gibson Perryman will vigorously defend your constitutional rights. Our attorneys fight for justice at the municipal, state, and federal levels daily. From everyday traffic citations to capital offenses, the attorneys at Gibson Perryman are here for you.

Enforcement never takes the possibility of a driver under the influence lightly. If enforcement suspects that you might be intoxicated, you could encounter a challenging journey ahead. Do not face the penalties that come with drunk driving alone. If you experience a DUI incident, reach out to our team of attorneys at Gibson Perryman. We will offer you the assistance of a DUI attorney in Memphis, TN to guide you. Our team always consider the severity of these charges and the impact DUIs can have on families and friends. We want to ensure that we take care of the well-being of you and your family.

Meet Our Attorneys

When you hire a Memphis DUI attorney, you receive a whole team effort working on your behalf. We advocate for the empowerment and well-being of every community member, not just practicing the law. In addition to an impressive legacy spanning almost a century of combined experience, our seasoned team stands poised and resolute. We continuously radiate the expertise that only time and dedication can cultivate. Learn more about our team.

dui attorney memphis tn

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What to Expect After a DUI Arrest

Penalties vary based on the number of DUI or DUI-related offenses on your record. Under the Tennessee law, first time offenders could face the following penalties:

Minimum of 48 hours in jail
Up to 11 months, 29 days of suspended sentence
Up to 11 months, 9 days of probation
$350 fine
24 hours of community service
Required class focused on alcohol safety
Loss of driver’s license for one year

Your situation could our could not result in additional penalties. However, if there is a car crash, a speeding ticket, damaged property, or more, these added penalties could incur.

Can I Get My Driver’s License Back After a DUI?

If you are facing a DUI, you are able to get your driver’s license back after. In order to receive your driver’s license back, you must fulfill all penalties assigned to you. For most offenders, that means you are without your driver’s license for one year. After waiting for one year, you must check off specific steps, pass tests, and complete programs to reinstate your license. If your BAC was at or less than 0.08 at the time of the arrest, contact our DUI attorney in Memphis, TN today.

Will My DUI Be On My Permanent Record?

A DUI conviction will remain on your record permanently. A second offense that occurs within 10 years of a previous conviction enhances your punishment. Minimum jail time could be 45 days. We recognize a DUI permanently stains your record, and we are here to help you navigate expectations during this period.

Is a DUI a Felony in Tennessee?

In Tennessee, a DUI is only a misdemeanor. However a fourth DUI conviction is considered a Class E felony. There are also additional circumstances in which a DUI could be considered a felony such as:

Severe Bodily Injury or Death: If your accident occurs while under the influence of alcohol or drugs and someone is severely injured or killed, you may be charged with vehicular assault or vehicular homicide, both of which are felony offenses.
Child Endangerment: If you are driving under the influence with a child under the age of 18 in the car, you may be charged with child endangerment, a felony offense.
Aggravated DUI: You may be charged with an aggravated DUI (felony offense) if your blood alcohol content (BAC) is 0.20% or higher.

What is the Difference Between DUI and DWI in Tennessee?

DUI stands for driving under the influence, while a DWI stands for driving while intoxicated. In Tennessee, DWI is optional for ages 16-21, while DUI is for adults 21 and older. Between 18 – 20, authorities could charge you with a DUI or a DWI. Get in contact with our Memphis DWI attorneys today.

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Small Firm, Big Results

Let us help you get back on course after the consequences of a DUI charge. When dealing with a situation like this, you need intelligent, aggressive, ethical representation. We are veteran DUI attorneys who possess the necessary skills and diligence to protect your rights, your freedom, and your future. Contact Gibson Perryman today.

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DUI Law FAQs

What should I do immediately after being stopped for a suspected DUI in Memphis?

If you are stopped for a suspected DUI in Memphis, it’s important that you remain calm and cooperative while protecting your rights. First, you should provide your license, registration, and proof of insurance when requested. Avoid admitting to drinking or using substances, as anything we say could be used against you.

You can politely decline to perform a Field sobriety test if you feel uncomfortable or unsure, knowing that refusal may have legal consequences. It’s also important to request a DUI lawyer or DUI attorney as soon as possible to guide you through the process, explain your rights, and help develop a strong DUI defense strategy. If required, you may need to comply with a breathalyzer test or blood alcohol test, but having experienced legal representation ensures your rights are protected at every stage.

How can a DUI lawyer help me fight a DUI or DWI charge?

A DUI lawyer can be invaluable in helping you fight a DUI or DWI charge in Memphis. Our experienced DUI attorneys review the circumstances of your traffic stop, examine the accuracy of any breathalyzer tests or blood alcohol tests, and determine whether law enforcement followed proper procedures.

We challenge questionable evidence, negotiate plea agreements, and represent clients in court to seek reduced charges or penalties. Our team also advises on issues such as DUI license suspension, DUI Per Se allegations, and the installation of an Ignition interlock device when required. With a skilled DUI attorney on your side, you can protect your rights and minimize the long-term consequences of a DUI or DWI conviction.

What is an Ignition interlock device, and when is it required in Memphis?

An Ignition interlock device is a breath-testing system installed in a vehicle that prevents it from starting if the driver’s blood alcohol content (BAC) exceeds a set limit. In Memphis, these devices are often required for individuals convicted of DUI or DWI, especially for Aggravated DUI offenses, repeat offenders, or cases involving DUI Per Se violations.

Our DUI lawyer or DUI attorney can explain whether you are required to use an interlock device, help you comply with installation and monitoring requirements, and ensure that any related conditions are properly addressed in court. Using an Ignition interlock device allows you to maintain limited driving privileges while demonstrating responsibility and compliance with DUI penalties.

How accurate are breathalyzer tests and blood alcohol tests in DUI cases?

Breathalyzer tests and blood alcohol tests are common tools used to measure a driver’s BAC, but their accuracy can vary depending on the equipment, testing procedures, and circumstances at the time of the test. Factors like calibration errors, mouth alcohol, medical conditions, or improper sample handling can affect results.

A DUI lawyer or DUI attorney can review how these tests were administered, challenge potential inaccuracies, and determine if the results can be contested in court. Understanding the reliability of a breathalyzer test or blood alcohol test is a critical part of building a strong DUI defense in Memphis, helping us protect your rights and reduce the risk of severe penalties.

What is the difference between a standard DUI and Aggravated DUI in Memphis?

In Memphis, a standard DUI generally involves operating a vehicle under the influence of alcohol or drugs with a BAC at or above the legal limit, or while impaired enough to affect your driving. Penalties may include fines, license suspension, mandatory alcohol education programs, and possible jail time.

An Aggravated DUI, on the other hand, applies in more serious circumstances. This can include repeat DUI offenses, driving under the influence with a minor in the vehicle, or having an extremely high BAC. Penalties for Aggravated DUI are typically much harsher and may involve longer jail time, extended license suspension, higher fines, and stricter court-mandated programs.

A knowledgeable DUI lawyer or DUI attorney in Memphis can explain the differences, evaluate your case, and develop a DUI defense strategy to help minimize the consequences.

Can a Field sobriety test be refused, and what are the consequences?

In Memphis, you have the right to refuse a Field sobriety test, but doing so can carry consequences. Refusing the test may be used as evidence against you in court and can lead to administrative penalties, including a DUI license suspension.

It’s important to understand that law enforcement can still pursue other evidence, such as a breathalyzer test or blood alcohol test, to support a DUI or DWI charge. Consulting a DUI lawyer or impaired driving attorney can help you understand your rights, assess the potential consequences, and develop a DUI defense strategy tailored to your situation.

How does a DUI license suspension affect my driving privileges in Memphis?

In Memphis, a DUI license suspension can significantly impact your driving privileges. During the suspension period, you are legally prohibited from operating a motor vehicle, and driving while suspended can lead to additional penalties, including fines, extended suspension, or even jail time.

The suspension period may vary depending on whether it is a first-time DUI, a repeat offense, or an Aggravated DUI. In some cases, you may be eligible to request an ignition interlock device to regain limited driving privileges. Working with a DUI lawyer or DUI attorney can help you understand the specific terms of your suspension, explore options for restricted driving, and protect your long-term driving rights.

How do I find the best DUI lawyer or a DUI lawyer near me for my case?

To find the best DUI lawyer or a DUI lawyer near you in Memphis, it’s important to work with an attorney who specializes in DUI defense and has experience navigating local courts. A qualified DUI lawyer can assess your case, explain your legal options, and develop a defense strategy tailored to your situation.

Checking client reviews and scheduling a consultation can help ensure you choose an attorney who is both knowledgeable and responsive, giving you the best chance to protect your rights and driving privileges.