Memphis DUI Lawyer
Defending Drivers in Shelby County, TN
Driving under the influence (DUI) is one of the most common offenses prosecuted in Tennessee. Being pulled over and arrested for this offense is typically an intimidating and stressful experience; most drivers believe they will automatically be convicted based on field sobriety tests and breathalyzer results.
However, as in any legal situation, the prosecution bears the burden of proof. DUI cases can often be challenged by a DUI defense lawyer in Memphis who knows what evidence to review and analyze. Many factors are involved in DUI cases, including police procedures and technical matters. When your DUI attorney in Memphis conducts a meticulous investigation, errors can potentially be found to weaken or even nullify charges.
At Law Office of Joshua N. Corman, our DUI defense attorney in Memphis is a former prosecutor who understands how the other side works to convict you. Attorney Corman uses his knowledge of both sides of the law to uncover potential flaws that may work in your favor. His goal is to help you minimize or avoid the consequences of DUI charges.
In addition to challenging field sobriety and breathalyzer results, our firm also examines the legality of the traffic stop itself. Law enforcement must have a reasonable suspicion to initiate a stop; without this, any evidence gathered may be inadmissible in court. We also evaluate whether proper procedure was followed during your arrest, including the Miranda rights advisement. Such procedural errors can significantly affect the outcome of your case.
Discuss the details of your case in a free consultation with our Memphis DUI attorney. Call Law Office of Joshua N. Corman at (901) 657-4928 or contact us online to get started. Hablamos español.
Understanding DUI Charges in Memphis
Like all states, Tennessee law criminalizes driving or being in physical control of a vehicle when impaired by alcohol or drugs. A blood alcohol content (BAC) of .08 percent or higher will result in a DUI charge.
You can also be charged while under the influence of any drug or a combination of drugs and alcohol. This includes marijuana. You are considered impaired if you cannot safely operate a vehicle with the same clarity and control you would have if completely sober.
Understanding what constitutes a DUI charge in Memphis is crucial for any driver. It's not just about alcohol; prescription medications, even when taken as prescribed, can impair your ability to drive. This broad definition means that many drivers might not even realize they are over the legal limit until it's too late. Moreover, even refusing a breathalyzer or chemical test can lead to immediate consequences under Tennessee's implied consent laws.
Our firm is well-versed in these laws and provides robust defense strategies to ensure your rights are protected. We aim to educate our clients on the nuances of DUI charges to prepare them for the legal processes ahead. By fully understanding your situation and the legal landscape of Tennessee DUI laws, we position you to make informed decisions about your defense.
DUI Penalties in Tennessee
A first-offense DUI can result in the following penalties:
- 48 hours up to 11 months, 29 days in jail
- Fines ranging from $350 to $1,500
- License suspension of up to a year
- DUI “school” completion
- Ignition interlock device installed in your vehicle
- Drug or alcohol treatment may be ordered
- Possible forfeiture of your vehicle
While under license suspension, you may be granted a temporary restricted license, allowing you to commute to work, school, or treatment. You will also face increased auto insurance premiums.
DUI penalties escalate for subsequent convictions.
Experienced representation can significantly impact the penalties you might face for a DUI conviction. An adept DUI defense lawyer in Memphis, like those at Law Office of Joshua N. Corman, works to analyze every component of your arrest and charges, seeking ways to reduce penalties or have charges dismissed. Understanding your options, such as plea bargains or alternative sentencing, can make a real difference in your case's outcome.
You should also be aware of additional penalties that may not be as immediately apparent. For instance, a DUI conviction can result in mandatory community service or attendance at victim impact panels, particularly when the offense endangers others. These penalties can have long-lasting effects not only legally but also socially and financially.
When Is a DUI a Felony in TN?
DUI offenses can escalate to felony charges under specific conditions. A DUI becomes a felony if it is your fourth or subsequent conviction. In Tennessee, the lookback period for DUI offenses is 10 years. Any prior DUI convictions within this timeframe are considered when determining the penalties for a new DUI offense.
You can also be charged with a felony DUI if the incident involves a serious injury or death (vehicular assault or homicide). Felony DUIs carry harsher penalties, including extended prison sentences and substantial fines.
Being charged with a felony DUI is a serious matter that requires immediate legal attention from a skilled drunk driving lawyer in Memphis. It’s crucial to comprehend that the repercussions extend beyond legal penalties—they can impact employment, professional licenses, and immigration status. Our firm takes an aggressive approach in examining the circumstances of your charge, seeking potential missteps or inaccuracies in the arrest or charging process.
We work diligently to present mitigating circumstances that may influence sentencing, such as demonstrating rehabilitation efforts or community service. Conviction of a felony DUI can irrevocably alter your future, making it vital to employ every viable defense strategy.
Penalties for Refusing a Chemical Test
Refusing to submit to a chemical test under Tennessee’s implied consent law can result in severe consequences. Implied consent means that by driving in the state, you automatically agree to submit to a chemical test when suspected of DUI.
A refusal can lead to an automatic suspension of your driver’s license for one year for a first offense. Subsequent refusals result in longer suspension periods and may be used against you in court as evidence of guilt.
Additionally, the consequences of refusal are separate from any DUI charges that may be pursued concurrently. Drivers must understand their rights and the potential implications of refusing a test during a DUI investigation.
Refusal to take a chemical test doesn't preclude a DUI charge; in fact, it may complicate your legal situation further. When facing charges for test refusal, it is crucial to build a comprehensive defense that can counter the prosecution's narrative and perhaps argue for the lack of probable cause for the stop.
Opponents of implied consent laws argue that they infringe on individual rights, but they remain a reality of the legal system. Having a knowledgeable DUI defense attorney interpret these laws in light of your specific situation can mean the difference between losing or maintaining driving privileges.
Fighting an Automatic License Suspension in Memphis
Drivers face an automatic license suspension from the Tennessee Department of Safety upon a DUI arrest. However, you have the right to request a hearing to contest this suspension within 10 days of receiving notice.
It’s paramount to act quickly to preserve this opportunity. Our DUI attorney Memphis can help you navigate this process, potentially challenging the legality of the traffic stop or the administration of sobriety tests.
Engaging in this process promptly is imperative, as missing the hearing request deadline can waive your right to contest the suspension altogether. The hearing offers a platform to challenge various aspects of your case, including procedural mistakes and the validity of evidence.
Representation at an administrative hearing can be a critical component of your defense strategy. An adept attorney can argue on your behalf, potentially restoring your driving rights or obtaining a restricted license to maintain employment obligations.
What People Are Saying
Real Experiences from Our Clients
-
“Josh did such an amazing job! He handled my fiancé's murder case which also included 3 robbery charges. Josh delivered from the very first time he was able to speak on my fiancé's behalf during the trial!”- Essence J.
-
“Josh did not give up and somehow some way he got me probation. I hope everyone realizes how good of an attorney he is because he is affordable and his work ethic, I mean the man just does not give up! Thank you Josh.”- Richard M.
-
- Former Client
I hired Mr. Corman regarding a ticket I received. He was very helpful and able to get it dismissed and I never even had to come into court or his office for that matter. Job well done and worth every penny!!
-
- Alton E.
A real life saver and gets the job done. I was a nervous wreck, but Mr. Corman took on the case for a reasonable fee and got it dismissed in no time. Also, his staff is very friendly. I really appreciated doing business with this firm.
-
“I must say, Mr. Corman is a great lawyer. He will definitely get the impossible done. Every time we had a question he answered and did everything he could.”- Mrs. Hopson
-
“Mr. Corman is a straightforward no-nonsense type of guy with an uncanny understanding of what it is like to be standing in the shows of a defendant before the courts”- C.S.
-
“He took on a big case and he delivered! Thanks Mr. Corman.”- Edward L.
-
- Ransom
Courteous and friendly, he answers the phone even on holidays. Attorney Josh Corman is honest and straight forward. He always kept me updated on my case. With his experience and skills, he was able to get all of my charges drop and expunged. The best attorney ever, hands down!
Why Choose Law Office of Joshua N. Corman?
What Makes Us Different
-
Personalized RepresentationOur firm provides caring, dedicated defense, treating each client with the utmost compassion and respect.
-
Experienced Former ProsecutorAttorney Corman brings invaluable insights as a former Assistant Attorney General for the State of Missouri and Assistant Prosecuting Attorney.
-
Tenacious AdvocacyWith a strong commitment to defending your rights, our firm fights relentlessly for your case.
-
Passion Behind Every CaseWe are passionate about providing strong legal defense, ensuring that our clients have the support they need to navigate their challenges and find a path forward.
-
Offering 100% Free ConsultsGet started on your defense with a free consultation today.
-
Bilingual ServicesWe proudly serve our clients in both English and Spanish, ensuring clear and effective communication throughout the legal process.
Why Hire Law Office of Joshua N. Corman to Fight DUI Charges in Memphis?
Given the complexities involved in DUI cases, securing experienced legal representation is essential. Our Memphis-based law firm offers seasoned defense against DUI charges. Attorney Corman can review your case details, challenge any inconsistencies, and apply his extensive understanding of DUI laws and courtroom strategies to seek the best outcome. From negotiating plea deals to fighting for your driving privileges, our firm provides aggressive advocacy to protect your rights.
Choosing the right legal defense can be pivotal to the resolution of your DUI case. At Law Office of Joshua N. Corman, we focus on personalized legal strategies tailored to your unique circumstances. Our approach involves a comprehensive review of evidence, interviews with potential witnesses, and collaboration with forensic experts when necessary to strengthen your defense.
Not only do we aim to mitigate the immediate legal repercussions of a DUI, but we also strive to protect your long-term interests. Loss of a driver's license can severely impact your daily life, from employment opportunities to personal responsibilities. By choosing to work with us, you ensure that every aspect of your case receives the attention it deserves, providing the best chance for a favorable outcome.
Comprehensive DUI Defense Representation in Memphis
At Law Office of Joshua N. Corman, our comprehensive approach to DUI defense involves a multi-faceted strategy. First, we thoroughly investigate the circumstances of your arrest by examining police records, breathalyzer calibration, and any video evidence available. This can uncover inconsistencies or improper procedures which may weaken the prosecution's case against you.
Beyond the initial investigation, our legal team will assess potential defenses based on the specifics of your situation. This may include challenging the validity of traffic stops, questioning the accuracy of test results, or identifying violations of your rights during the judicial process. Our experience in DUI cases in the Memphis area means we know what to look for and how to apply it effectively in your defense.
FAQs About DUI Defense in Memphis
What Should I Do If I'm Pulled Over for a Suspected DUI?
If you are pulled over for a suspected DUI, remain calm and polite with the officer. It's important to provide your documentation, such as your driver's license and registration, but be cautious with your words. You are not obligated to answer questions about where you've been or whether you consumed alcohol. Instead, you might say, "I prefer not to answer any questions." Request legal representation before proceeding with sobriety tests. Contacting an experienced DUI defense attorney in Memphis immediately can provide you with guidance on how to proceed and protect your rights from the start.
How Can a DUI Conviction Affect My Future?
A DUI conviction can have a lasting impact beyond just legal penalties. It may affect your ability to gain employment, as many employers conduct background checks. It could also lead to higher insurance premiums and issues with obtaining professional licenses. Additionally, a DUI charge can result in social and personal ramifications, such as strained relationships and a tarnished reputation within the community. Understanding these potential consequences underscores the need for effective legal representation to mitigate the damage and secure a more favorable outcome.
Is It Possible to Have a DUI Charge Reduced or Dismissed?
While challenging, it is possible to have a DUI charge reduced or even dismissed altogether. Several factors play into this potential, including the specifics of the arrest, the evidence presented, and any procedural missteps by law enforcement. A skilled DUI defense lawyer in Memphis can identify opportunities to negotiate a lesser charge, such as a wet reckless, or contest the legitimacy of the stop and testing methods. Every case is unique, but by leveraging a strategic defense, there's potential to minimize the repercussions or avoid conviction outright.
What Are My Rights During a DUI Arrest?
During a DUI arrest, it is crucial to know your rights to ensure they are not violated. You have the right to remain silent and not answer questions without legal representation. The right to an attorney is also fundamental; demanding consultation with one before proceeding with questioning or tests is important. Additionally, police officers are required to inform you of your rights through the Miranda warning. Understanding these protections helps avoid self-incrimination and can be instrumental in building a strong defense strategy.
What Happens If I Refuse a Breathalyzer Test in Memphis?
Refusing a breathalyzer test in Memphis triggers the state's implied consent law, leading to an automatic suspension of your driving license, independent of whether you were intoxicated. This suspension can be contested in court, but it demonstrates the seriousness with which Tennessee regards compliance with DUI testing procedures. The refusal can also be used as evidence against you in court, making it essential to consult with a skilled DUI attorney Memphis immediately to discuss your rights and potential defenses.
Consult our Memphis DUI attorney about your case by contacting us at (901) 657-4928.
