Multiple DUI Attorney in Memphis

Advocating for Your Rights in Memphis DUI Cases

If you're facing a second or a subsequent DUI charge in Memphis, it's crucial to have a knowledgeable and dedicated legal team by your side. At Law Office of Joshua N. Corman, our deep understanding of the local courts and the nuanced Tennessee DUI laws allows us to craft defense strategies specifically addressing the stakes of facing multiple offenses.

Our team recognizes the serious implications of a DUI charge, particularly when it is a repeat offense. With each subsequent offense, the law treats perpetrators with increased severity, which can significantly affect your personal and professional life. That's why it's not merely about defense; it's about a strategic, informed approach tailored to your circumstances and the local legal environment.

Our multiple DUI attorney in Memphis knows how to challenge the case against you. Call (901) 657-4928 or message us today for a free, confidential consultation.

Understanding Tennessee's Multiple DUI Laws: The Look-Back Period

Tennessee Code Annotated § 55-10-401 defines Driving Under the Influence. The core definition involves operating a motor vehicle in a public place while under the influence of alcohol, drugs, or a combination of both, or having a Blood Alcohol Concentration (BAC) of 0.08% or more. 

What makes multiple DUI charges particularly severe in Tennessee is the state's "look-back period" for enhancing penalties based on prior convictions.

• 10-Year Look-Back Period: For arrests on or after July 1, 2010, any prior DUI conviction within the last 10 years (measured from the date of the previous arrest to the date of the current arrest) will be used to enhance the severity of a current DUI charge. This means a DUI conviction from nine years ago will still count against you for enhancement purposes.

Penalties for Multiple DUI Convictions in Tennessee

The penalties for multiple DUI convictions in Tennessee are among the most severe in the country, reflecting the state's aggressive stance against habitual impaired driving. These consequences can drastically alter your life, finances, and freedom.

Second DUI Offense (within 10 years, Class A Misdemeanor):

• Jail Time: Mandatory minimum of 45 consecutive days up to 11 months and 29 days in county jail.
• Fines: $600 to $3,500.
• Driver's License Revocation: Mandatory 2-year revocation (no restricted license available for at least part of this period).
• DUI School/Treatment: Mandatory participation in an alcohol and drug treatment program.
• Ignition Interlock Device (IID): Mandatory installation in your vehicle for at least 1 year after license restoration.
• Vehicle Seizure/Forfeiture: Possible.

Third DUI Offense (within 10 years, Class A Misdemeanor)

• Jail Time: Mandatory minimum of 120 consecutive days up to 11 months and 29 days in county jail.
• Fines: $1,100 to $10,000.
• Driver's License Revocation: Mandatory 6-year revocation (no restricted license available for at least part of this period).
• DUI School/Treatment: Mandatory intensive program.
• Ignition Interlock Device (IID): Mandatory installation for at least 1 year after license restoration.
• Vehicle Seizure/Forfeiture: Possible.

Fourth or Subsequent DUI Offense (within 10 years, Felony)

• Classification: Typically a Class E Felony (4th or 5th offense), or a Class C Felony (6th or subsequent offense).
• Prison Time:
• Class E Felony: Mandatory minimum of 150 consecutive days up to 6 years in state prison.
• Class C Felony: Mandatory minimum of 1 year up to 15 years in state prison.
• Fines: $3,000 to $15,000.
• Driver's License Revocation: Mandatory 8-year revocation (for 4th offense). This can be a lifetime revocation for higher-level felony DUIs.
• DUI School/Treatment: Mandatory intensive program.
• Ignition Interlock Device (IID): Mandatory installation for at least 1 year after license restoration, or for life depending on the offense.
• Vehicle Seizure/Forfeiture: Possible.

Administrative License Revocation (ALR) Process for Multiple DUIs

In Tennessee, a multiple DUI arrest triggers a separate Administrative License Revocation (ALR) process by the Department of Safety, independent of criminal charges. Under the state's Implied Consent Law, drivers implicitly consent to chemical tests if probable cause for impairment exists. 

Refusing such a test carries severe administrative penalties: a first refusal results in an automatic 1-year license revocation (1.5 years from Jan 1, 2026), while a second refusal escalates to a 2-year revocation (or 5 years if serious injury/death involved). Unlike other states, a hardship license is generally unavailable during this revocation period for refusal, making it a high-stakes decision.

Although an ALR hearing isn't automatic for refusal, your Memphis multiple DUI attorney can file a petition for judicial review in civil court. This crucial step allows you to challenge the administrative license revocation, cross-examine the arresting officer, and potentially uncover weaknesses in the state's case that can benefit your criminal defense. This separate civil action, managed by your attorney, can be pivotal in preserving your driving privileges despite the implied consent violation.

Your Defense Starts with Insight into Local Memphis Laws

Navigating the Memphis legal environment requires more than just understanding Tennessee state laws—it involves strategic negotiation within local courts. Our firm's expertise lies in identifying hidden opportunities that can bolster your defense, rooted in Attorney Corman’s unique dual perspective from years spent as an Assistant Prosecuting Attorney.

Memphis courts are known for their rigorous application of DUI laws. This means that having a defense attorney who can tailor strategies specifically for these courtrooms makes a significant difference. Additionally, by leveraging Attorney Corman's prosecutorial experience, we examine every aspect of the arrest—from the initial traffic stop to the administration of sobriety tests—to identify procedural errors or rights violations that could be crucial to your case.

Benefits of Hiring a DUI Lawyer in Memphis

Working with a seasoned legal team can dramatically change the trajectory of your case. Here’s why our approach is beneficial:

• Anticipating Prosecution Strategies: Attorney Corman's background as a prosecutor helps us anticipate and counteract the prosecution’s tactics.
• Personalized Attention: We cater to our clients’ unique situations, ensuring you receive comprehensive support throughout the legal process.
• Transparent Communication: We maintain open lines of communication to keep you informed and empowered in decision-making.

Beyond anticipating prosecution strategies, we also focus on providing peace of mind. Facing a second DUI charge is daunting, but knowing that there is a dedicated team ready to tackle your case comprehensively can alleviate some of the associated stress. Our personalized, one-on-one approach guarantees that your voice is heard, and your concerns addressed at every stage.

Take Action: Secure Your Defense Today

Facing a second DUI charge can be overwhelming, but you don’t have to handle it alone. Contact Law Office of Joshua N. Corman to receive professional, personalized legal defense tailored to your specific situation. Our commitment to dignity, respect, and strategic advocacy ensures you get the representation you need. 

Call us at (901) 657-4928 today for a consultation, and take the first step towards peace of mind and protecting your future.