DUI/DWI

The Claiborne Ferguson LAw Firm, P.A.
100 N. Main
Suite 3118
Memphis, TN 38103
(901) 529-6400

ARE YOU GUILTY?

While the arresting officer and the whole process of being booked and photographed probable made you feel guilty, you are NOT!  The State has a huge burden that it must overcome before you can be convicted of DUI.  Remember, they must prove “beyond a reasonable doubt and to a moral certainty” that you were in possession of an automobile while intoxicated (not “drunk,” not “drinking,” but intoxicated). 

Even if you blew over a 0.08 BAC, you still have a Defense to a DUI conviction.

Many of my client’s will say: “It’s just a DUI, no big deal, why not just plead guilty and move on?”  Well, for one: You will go to jail!  Guaranteed. 

DOES THE PUNISHMENT FIT THE CRIME?

If you plea guilty, you will go to jail; for at least 24 hours and up to 6 years.  If you blew over a 0.20 BAC on a DUI 1^st Offense, you will serve at least 7 days, and if you where in an accident, you would get even more time. On top of jail time, there is THREE DAYS of garbage pickup, Alcohol Safety School, MADD lectures, Alcohol/Drug rehab., mandatory fines and court costs, probation fees, increased insurance premiums, Ignition Interlocks, revocation of license, possible declaration of Habitual Vehicle Motor Offender, and even, LOSS OF EMPLOYMENT.  The chart below highlights some of the punishments you should expect if you “just plead guilty.”

D.U.I. PENALTIES  as of July 1, 2007
( * 1 = SEE NOTE 1, etc. )

NOTES:

*1   For enhancement purposes, the time period could be greater than 10 years but in no event greater than 20 years.   Out-of-State convictions may be used to enhance.

*2  Vehicles used in commission of a subsequent D.U.I. violation are subject to seizure upon arrest, but the triggering first offense conviction must have occurred on or after Jan.1, 1997, and the second or subsequent arrest within five years of the triggering conviction.

*3  For the felony provisions to apply, at least one violation must have occurred after July 1, 1998.

*4  A restricted license may be obtained after one year of the two year revocation period. However, SR-22 insurance and an ignition interlock device must be obtained.

*5  Plus 3 days of litter pick-up on the side of a major interstate or highway.

ARE THERE DEFENSES TO DUI?

A DUI is a complicated, scientific crime.  There are flaws throughout the State’s case.  The officer might not have had a valid reason to stop you or arrest you.  The Standard Filed Sobriety Test (SFST) may have been preformed incorrectly and the instrument that tests your Breath Alcohol Concentration (BAC) could be miscalibrated. 

BUT WHAT ABOUT THE SFST?

David Letterman has his Stupid Human Tricks; and so do the police.  The SFST (standard field sobriety tests) are the physical tasks the officer asked you to perform.  The most common is the One-Legged Stand (OLS) and the Walk-and-Turn (WAT).  Even with the correct instructions from the police, neither test is more than 80% accurate in indicating impairment.  That means they are wrong 20% of the time.  Clearly, this in not “beyond a reasonable doubt.” A strong cross-examination of the arresting officer can limit the impact of any testimony regarding your performance on the SFST.  Furthermore, if the tests were “passed,” the officers should not have arrested you at all.

WHAT ABOUT THE BAC?

“But I Blew!” you say.  Do you remember the old Atari Pong game from the early 80’s?  The same chip that is in that old, obsolete videogame is what powers the Breathalyzer.  The State has many facts, which must be proven (and must have been done correctly) prior to introducing the BAC.  Even if they get the BAC admitted, the accuracy is subject to attack, as well as the procedure used in obtaining the results.

SO WHAT SHOULD YOU DO?

Fighting a DUI is the only way to win.  If you are serious about contesting your DUI, then you need to hire a firm dedicated to fighting DUIs.  We hope that this letter has answered some of your questions.  Please give me a call at your earliest convenience and talk to me about your DUI.  We can set up an appointment to come in and start the intake process.

Mr. Ferguson now devotes a large part of his practice to DUI Defense and capital murder cases. Both cases require a vast knowledge of science and law. Mr. Ferguson has extensive training in the medical science and technology necessary to defend individuals prosecuted with technology. Without this training, Mr. Ferguson feels that many of the possible avenues of attacking the State's case are overlooked or discounted. The best defense to a technological prosecution is a strong attack on the state's science, whether it be DNA or Blood Alcohol Concentration.

Call Mr. Ferguson today to schedule a free consultation of your case.