Memphis DUI Defense Lawyer 

Aggressive Defense Against DUI Charges in Tennessee & Mississippi

In the state of Tennessee, it is illegal to operate a motor vehicle while your blood alcohol content (BAC) is 0.08% or higher. If you are pulled over and a police officer suspects you of driving under the influence, then they may ask you to perform some field sobriety tests (FSTs). If you are arrested and charged with DUI, you will face a criminal proceeding during which you will be subjected to witnesses, evidence, and arguments from the prosecution.

It is essential to know that while chemical tests such as the breath or urine test seem extremely scientific and foolproof, there are always factors of human error and machinery malfunction that can be introduced to invalidate evidence. This complexity underscores the necessity of having a proficient legal defense by your side. Understanding the intricacies of DUI charges requires an awareness of local legal procedures and the potential defenses available. Each DUI case is unique, and your defense must be tailored to the specifics of your situation, taking into account local legislation nuances.

Are you worried about how a DUI arrest could affect your future? Call Ferguson McNeil Law Firm, P.A. today at (901) 878-5434 or contact us online to explore your legal options and build your defense!

The DUI Process in Memphis

If a police officer suspects you of driving under the influence, they may pull you over. They will be listening for slurred speech, smelling for alcohol on the driver's breath, and looking for bloodshot eyes or other symptoms of intoxication or impairment. They may also ask you to perform field sobriety tests to gather enough evidence for an arrest.

There are two critical points that you must be aware of in this scenario:

• First, an FST is designed only to gather information to warrant an arrest. It is not a pass-or-fail test so much as a means of gathering enough evidence to support an arrest.
• Second, you are not required to take the FST and cannot be legally punished for refusing it. That said, there is no reason you should ever consent to this test, as the results could harm you.

The DUI process essentially begins with an arrest. If the officer believes they have enough evidence, they will arrest you and transport you to jail.

After a certain amount of time, the judge will set bail, and you may be released on your recognizance to focus on building a defense for your case with your attorney. You will then have a court date between two and six weeks after your arrest. It's crucial to utilize this time to work closely with your attorney, who can assess the specifics of your case and develop a tailored defense strategy. Local knowledge about Memphis court proceedings can significantly influence the approach taken.

At this court date, you will be asked to enter a plea, and if you plead not guilty, your case will go to the general session court. If the matter is not immediately settled in that court, it will go to a grand jury. If probable cause is determined in this case, you will go to the trial court, where your Memphis DUI attorney will argue your case before 12 of your peers. Understanding the implications at each stage is essential; a skilled attorney will guide you through potential plea bargains or prepare for trial, leveraging local Memphis precedents and legal acumen.

Can I Be Arrested for Drunk Driving If I Only Had One Drink?

The state of Tennessee does not arrest for DUI based on the number of drinks that a driver has had. The intoxication level of a driver is determined using Blood Alcohol Content (BAC) levels. Tennessee has a BAC limit of .08% for drivers above the legal drinking age. If you are under 21, the legal BAC limit is .02%.

While several charts attempt to tell you the number of drinks you can have and your BAC level, these are not always accurate. It is also nearly impossible to tell someone that their BAC will be below the legal limit if they have one drink. A person's weight has a lot to do with their BAC level; for example, a person who weighs 100 lbs will be affected by one drink more than someone who is 250 lbs.

The answer to this is yes. It is possible to be arrested for DUI after only having one drink. If your BAC level appears to be above the legal limit after the performance of a chemical test, then you may be charged with DUI even if you only had one drink. One of your priorities after a DUI arrest should be seeking aggressive and experienced DUI defense in Memphis. It's essential to engage a legal team that can scrutinize test results and potentially challenge the validity of the evidence due to factors like testing procedure errors or biological variances.

Our legal team has a certified criminal trial specialist who has handled immeasurable DUI cases over the years. Attorney Ferguson also has a 10.0 'Superb' Avvo rating due to the reviews of former clients. If you have been arrested for drunk driving in Tennessee, team up with The Ferguson McNeil Law Firm, P.A., for the DUI defense you need.

First DUI Charge in Tennessee

Conviction of a first DUI offense in ten years will carry Class A misdemeanor penalties, including:

• Up to 12 months in jail
• Up to $1,500 in fines
• Driver's license revocation for a year
• Probation

Losing your license can be a severe issue, as you could be forced to rely on public transportation to get to and from work and other important destinations, dramatically affecting your lifestyle and schedule. Beyond these immediate challenges, a DUI conviction can have long-term implications for insurance rates and employment opportunities. The stigma of a criminal record can also affect personal relationships and societal standing.

Skillful representation can help you build a strong defense of your case to argue in court as you pursue a favorable outcome. Our legal team can provide you with this high-quality representation and much more. We work up front to build a strong case while tirelessly working behind the scenes to uncover flaws with the prosecution's case, questionable issues with evidence, and other matters to pursue a dismissal of your case.

An added element to courtroom litigation is that we utilize science and other know-how to control the room in our favor. No evidence is 100% flawless in a DUI case, and we capitalize on this fact.

Mississippi DUI Laws

In the state of Mississippi, it is unlawful to drive with a BAC of .08% or higher. The penalties you can face largely depend on the circumstances of the case and whether you have had prior DUI convictions. Understanding Mississippi and Tennessee's DUI laws can widen your defense scope, potentially identifying avenues of leniency or alternative penalties that might apply in a cross-border case. Lawyers at our firm are familiar with these nuances and can offer insights into how differing state laws might impact your case strategy.

Under Mississippi DUI laws, the possible first-offense DUI penalties include:

• Up to 48 hours in jail
• A $250 to $1,000 fine
• 120-day license suspension

Understanding the Consequences of a DUI Charge

Being charged with a DUI can have serious consequences, including fines, license suspension, and even jail time. It's essential to understand the potential impact on your life and future and to have a knowledgeable DUI defense lawyer to help navigate the legal process. It’s imperative to grasp not just the legal penalties but also the indirect impacts, such as increased insurance premiums and the social stigma associated with a DUI charge, which can extend into personal and professional aspects of life.

At Ferguson McNeil Law Firm, P.A., our experienced Memphis DUI lawyers are dedicated to defending your rights and working toward the best possible outcome for your case. We will educate you on the potential consequences of a DUI charge in Tennessee and Mississippi and provide personalized legal guidance to help you make informed decisions about your defense. Our client-centered approach aims to empower you with the knowledge to participate actively in your legal defense strategy and decision-making process.

Defending Your Rights in Memphis DUI Cases

If you have been arrested and charged with DUI and drugs, first DUI, or multiple DUI, you could face severe penalties upon conviction. You need skilled legal assistance on your side who can aggressively defend your case in court. Employing scientific expertise, our approach deconstructs the evidence against you, ensuring every detail is under scrutiny.

Our firm has been representing the criminally accused residents of Memphis, Tennessee, in various criminal defense cases for many years, and we have a long history of success in the cases we have handled. Our Memphis DUI lawyers also incorporate scientific analysis into our legal assessment so that we can take apart any evidence necessary to pursue the best possible outcome in every scenario. We deeply understand Memphis-specific legal dynamics and leverage this knowledge to craft defenses that address each DUI case's overt and subtle complexities.

Protect Your Future with a Skilled DUI Defense Lawyer

Being charged with a DUI can have serious consequences that impact your future, including fines, license suspension, and even jail time. A knowledgeable DUI defense lawyer is crucial to navigating the legal process and fighting for the best possible outcome for your case.

At Ferguson McNeil Law Firm, P.A., our Memphis DUI lawyers have years of experience representing clients facing DUI charges in Tennessee and Mississippi. We understand the complexities of DUI laws and will work tirelessly to defend your rights and protect your future. Our strategies are designed to reduce potential penalties and, where possible, dismiss charges entirely, always aiming to safeguard your prospects in line with local law intricacies.

Benefits of hiring an experienced DUI defense lawyer include the following:

• Thorough knowledge of DUI laws and legal procedures
• Ability to negotiate with prosecutors for reduced charges
• Strong courtroom advocacy skills
• Personalized defense strategies tailored to your case
• Peace of mind knowing you have a dedicated legal advocate on your side

Don’t let a DUI define your future. Contact our Memphis DUI defense lawyer now for the aggressive and informed representation you deserve.

Frequently Asked Questions

What Should I Do Immediately After a DUI Arrest?

After being arrested for a DUI, remaining calm and exercising your rights responsibly is crucial. Firstly, remain silent and request an attorney immediately to avoid self-incrimination. Do not discuss your case with anyone other than your attorney. Secondly, document everything you can remember about the arrest, as these details might be valuable to your defense. This includes events leading up to the traffic stop, tests performed, and interactions with law enforcement. Lastly, contact Ferguson McNeil Law Firm, P.A. to arrange a consultation with one of our seasoned DUI defense attorneys, who can provide you with an initial assessment and begin formulating a robust defense strategy tailored to your circumstances.

How Does a DUI Charge Impact My Driving Privileges in Tennessee?

A DUI charge in Tennessee can significantly affect your driving privileges. Upon arrest and conviction of a DUI, you may experience a driver's license suspension ranging from one year for first-time offenses to longer durations for repeat offenders. Additionally, you might be required to install an ignition interlock device on your vehicle, which can be costly and inconvenient. These penalties can severely limit your daily activities, affecting commuting to work, school, or handling family responsibilities. However, with the representation from Ferguson McNeil Law Firm, P.A., there may be opportunities to appeal for a restricted license, allowing essential travel. Our legal team can guide you through this process, focusing on maintaining your ability to navigate daily life with minimal disruption.

Are There Alternatives to Jail Time for a DUI Conviction?

Yes, alternatives to jail time may be available for certain DUI convictions, depending on the specifics of your case and your criminal history. Options such as probation, alcohol education programs, or community service may be considered part of a plea bargain. These alternatives often focus on rehabilitation and preventing future offenses rather than solely on punishment. At Ferguson McNeil Law Firm, P.A., we are dedicated to exploring every possible legal avenue to reduce or eliminate jail time for our clients and help them avoid the harshest penalties possible. Our nuanced understanding of local DUI law allows us to negotiate effectively with prosecutors, often highlighting the client's commitment to change and proactive steps taken immediately following the arrest.