Memphis DUI Lawyer

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.

The Implied Consent Threat

Tennessee operates under an Implied Consent law (TCA § 55-10-406). By driving on a Tennessee road, you are deemed to have consented to chemical testing (breath, blood, or urine) if an officer has reasonable grounds to suspect DUI.

Refusing a chemical test results in an immediate administrative charge of violating Implied Consent, leading to a mandatory one-year license suspension (two years for a second refusal), even if you are later found not guilty of the DUI charge itself.

A skilled DUI lawyer in Memphis handles both the criminal DUI charge and the civil Implied Consent violation simultaneously to protect your driving privileges.

DUI Defense Strategies Employed by Our Firm

Our firm views every DUI case as winnable because we know where the prosecution cuts corners and how police training often leads to unreliable evidence. As former prosecutors, we know the defense strategies that succeed in Shelby County courts.

Attacking Field Sobriety Tests (FSTs)

FSTs (Horizontal Gaze Nystagmus, Walk and Turn, One Leg Stand) are highly subjective and often unreliable, especially when administered improperly or influenced by external factors.

• Medical Conditions: We introduce evidence of physical injury, inner ear problems, or neurological conditions that can cause a driver to fail FSTs, regardless of sobriety.
• Environmental Factors: We challenge the FSTs if they were conducted on uneven surfaces, in poor lighting, or in bad weather, all of which compromise the tests’ validity.
• Improper Administration: We use the officer's own body camera footage to show that the officer failed to follow the standardized National Highway Traffic Safety Administration (NHTSA) protocol, rendering the test results inadmissible.

Challenging Chemical Test Results

The breathalyzer is not infallible. We utilize the following tactics to suppress or discredit BAC evidence:

• Rising BAC Defense: Argued when a driver's BAC was rising after they stopped driving, meaning their BAC was below 0.08% at the time they were operating the vehicle.
• Machine Calibration and Maintenance: We subpoena maintenance and calibration records for the breath testing device, often finding proof of improper maintenance that makes the results unreliable.
• Implied Consent Violation: We challenge the officer’s warning regarding the consequences of refusal. If the warning was insufficient or given under duress, the license suspension for refusal may be overturned.

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.

Get the legal advantage you deserve. Call (901) 657-4928 or reach out online now. We are former prosecutors, we offer 24/7 availability and free consultations, and we speak English and Spanish to serve you better.