Memphis DUI Lawyer Patrick Stegall can help you with his experience and knowledge.
Will I go to jail for a DUI?
If convicted, yes. Tennessee law mandates a minimum 48 hours in jail for first-time offenders. Second and third offenders face much more time.
Will I lose my license?
Again, yes, if convicted. Under Tennessee law your driver’s license gets revoked for one year. You may be eligible for a restricted license or an interlock ignition device in lieu of restrictions.
I refused to take a test for breath or blood alcohol. How does that affect my case?
You have kept the state from using potentially damaging evidence against you, but for that you may lose your license. Tennessee law says that anyone who drives in the state on public roadways has given “implied consent” to submit to a chemical test for intoxication. If you refuse to take the test you’re facing a license suspension of one year, perhaps longer in some instances. This is the case even if later your DUI charge gets reduced or dismissed.
I took the test and I think I failed, maybe badly. What will happen?
A blood alcohol content of .08% or more is a legal presumption of intoxication. Many people, including all prosecutors, think that this is irrefutable proof of being drunk. But these machines are not always reliable. Breathalyzers become miscalibrated. Blood results are not handled properly. Laboratories don’t follow the correct procedures. If you took a chemical test for alcohol content, talk to a Memphis DUI lawyer because there may be ways to challenge it.
Can I get a DUI conviction removed from my record?
No. Tennessee law mandates that a DUI conviction stay on your record permanently, essentially branding you for life as a criminal. Many first-offenses in Tennessee can be expunged, including felonies, but a misdemeanor DUI cannot. That’s why it’s so important, when you’re charged with this offense, to give yourself every possible chance of avoiding a conviction.
What should I look for in a Memphis DUI lawyer?
Above all, someone who is experienced and competent enough to handle your case. There are a lot of attorneys who call themselves DUI defense lawyers, but very few really understand both the legal and scientific issues of each case. Your lawyer should ask you questions at the initial interview. LOTS of questions, especially if you took a breath or blood test. While no lawyer can guarantee results, and each case is different, your attorney should give you an honest assessment and a detailed plan for crafting a defense.