Legal Considerations for DUI Cases

Have you been charged with a DUI or DWI  in Memphis,TN?  Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) are unlike any other offenses because they occur often and often occur to people who have simply made a poor decision.

And without the proper legal representation, you may pay for that poor decision for the rest of your life.  This is because unlike other misdemeanors, a conviction for DUI carries mandatory minimum jail sentences, fines, and probation.  Because of this you need an experienced attorney who knows the DUI laws and how to take advantage of them at the proper time.  Main Street Law Firm can provide that DUI attorney for you.

Call us today at (901) 578-1515 and we will discuss what options are available to fight your DUI/DWI case.

What is a DUI exactly?

There are basically two kinds of DUI. Per se DUI is being in physical control of a vehicle with a blood alcohol content over .08% (.04% for commercial drivers). In these cases, some type of chemical test is administered which measures the amount of alcohol in your blood, either by a breathalyzer or a blood test.

The other type of DUI is referred to as Common Law DUI.   This is being in physical control of a vehicle while either under the influence of alcohol or drugs which impairs that person’s ability to operate the vehicle. Evidence of this DUI is the conduct of the defendant and ability to perform on certain tests called field sobriety tests coupled with some evidence that the vehicle was not being operated safely.

What are the penalties for DUI in Tennessee?

DUI penalties increase for each time someone is convicted of a DUI within 10 years of the previous conviction. In addition to the below penalties, you may also be required to perform community service, install an ignition interlock device on your vehicle, attend alcohol safety school and/or a MADD lecture, perform litter pickup, and possible vehicle seizure.  Generally, DUI penalties are:

Offense Class Jail Sentence/Fine DL Revocation
1st A Misdemeanor 48 hours to 11 months 29 days; up to $1500 fine 1 Year
2nd A Misdemeanor 45 days to 11 months 29 days; up to $3500 fine 2 Years
3rd A Misdemeanor 120 days to 11 months 29 days; up to $10,000 fine  6-10 Years
4th E Felony 1-2 years; up to $15,000 fine  8 Years

What are the defenses to DUI?

DUI charges are usually beaten by collecting the evidence needed to overcome the prosecution’s evidence. This evidence starts with the basics of how much alcohol or drugs were consumed and goes to challenging the quality and accuracy of the chemical tests. Many successful DUI defenses involve whether the individual should have been stopped and tested in the first place. An experienced DUI attorney knows what evidence is needed and how to obtain it.

The attorneys at Main Street Law Firm have this experience and knowledge. We will gather the required evidence and present it to the prosecution and where appropriate, our DUI attorneys will attempt to settle the case for a reduced charge. If favorable evidence is strong, we will use our experience and knowledge against the prosecutor’s witnesses at trial.

Let our experience work for you by contacting us today for a free consultation regarding your DUI arrest.