DUI Defense
If you were just arrested for DUI in Memphis and it’s your first time facing any criminal charge, you probably have the same questions everyone in your position has: What happens now? Will I go to jail? Will I lose my license? Do I need a lawyer? This guide walks through the process step by step, the way we explain it to clients sitting across the desk at our Midtown office. If you’d rather just talk to someone, call Brooks Law Firm at (901) 324-5000 — the consultation is free.
Step 1: The arrest and booking at 201 Poplar
Most Memphis DUI arrests — by Memphis police, sheriff’s deputies, or the Highway Patrol — end with booking at the Shelby County Criminal Justice Center at 201 Poplar Avenue. You’ll be photographed, fingerprinted, and held until you can be released on bond. Tennessee also requires a period of time before release in DUI cases so that no one leaves still impaired. It is a hard night, but it is the worst part of the process for most first-time clients, and it’s already behind you.
One important thing while everything is fresh: write down what you remember. Where you were stopped, what the officer said the reason was, what tests you were asked to do, what you were asked to sign, and whether blood or breath was taken. Those details fade fast, and they matter to your defense.
Step 2: Your first court date — the arraignment
Your citation or release paperwork lists a court date, usually in Shelby County General Sessions Court at 201 Poplar. This first appearance is an arraignment: the judge informs you of the charge and asks how you plead. You should not plead guilty at arraignment. Nothing about your case has been examined yet — not the reason for the stop, not the field sobriety tests, not the breath or blood work. Once a lawyer is involved, we typically handle the scheduling and appear with you, and we start requesting the evidence: the video, the affidavit, the test records, and the officer’s report.
Step 3: Understanding what a first DUI carries in Tennessee
A first DUI in Tennessee is a Class A misdemeanor. If convicted, the law requires a minimum of 48 hours in jail (7 days if your BAC was 0.20 or higher), a fine of $350 to $1,500, a one-year license revocation, and DUI school — and the sentence can be up to 11 months and 29 days, with the balance usually on probation. A restricted license with an ignition interlock device is often available so you can drive to work and school during the revocation.
Two things about a DUI conviction matter more than most people realize at first. It never comes off your record — a DUI conviction cannot be expunged in Tennessee, and DUI is not eligible for judicial diversion. And it counts as a prior for the next ten years, so a second charge later in life starts from a much harsher place. That permanence is exactly why the charge is worth fighting now, while it can still be resolved as something other than a DUI conviction — or dismissed.
Step 4: The three ways a first DUI can resolve
- Dismissal or acquittal. If the stop was bad, the tests were flawed, or the State can’t carry its burden, the charge can be dismissed or beaten at trial — and then the arrest itself can be expunged, leaving you with a clean record.
- Reduction. Where the evidence has real problems but isn’t fatal to the State’s case, a DUI can sometimes be negotiated to a lesser charge. Unlike DUI, some reduced outcomes preserve options — including, in time, expungement.
- Best available plea. When the proof is strong, the work shifts to the terms: minimum jail exposure, probation structure, restricted license and interlock timing, and getting you through DUI school and back to normal life as smoothly as possible.
Which path fits depends entirely on the evidence, which is why we don’t guess — we get the video and records first. Common issues in Memphis DUI cases include the legality of the initial stop, how the field sobriety tests were administered and scored, the 20-minute observation period before a breath test, blood-draw and lab procedures, and whether “impairment” is actually shown or just assumed.
If you’re a veteran: a path worth knowing about
Shelby County’s Veterans Treatment Court (Division 15 at 201 Poplar) accepts DUI cases. For veterans who qualify, completing the program can lead to dismissal of the charge — and a dismissed charge can be expunged. Even where full enrollment isn’t the right fit, engagement with treatment can meaningfully shape how a case resolves. We cover this in more detail on our veterans defense page.
What to do this week
- Write down everything you remember about the stop and arrest.
- Find your citation and bond paperwork and note the court date.
- Don’t discuss the case on social media or with anyone but your lawyer.
- Talk to a DUI lawyer before your arraignment — earlier is genuinely better, because evidence like video is preserved on request and some issues are easier to raise at the start.
Talk to a Memphis DUI lawyer — free consultation
Brooks Law Firm defends DUI cases in Memphis City Courts, Shelby County General Sessions, and the municipal courts across the area. Patrick Brooks is a member of the National College for DUI Defense, and we treat every client the way we’d want our own family treated: honest answers, a clear plan, and a lawyer who picks up the phone. Call (901) 324-5000 or the criminal line at 901-412-2973 (call or text). For more on how we defend these cases, start with our Memphis DUI defense page, and see related guides on suspended licenses and reckless driving. Charged in the suburbs? See our first-DUI guides for Germantown, Bartlett, and Collierville.
Frequently Asked Questions
Will I go to jail for a first DUI in Memphis?
A conviction carries a minimum of 48 hours, but a charge is not a conviction. Many first DUI cases resolve by dismissal, reduction, or terms that account for time already served at booking. The outcome depends on the evidence, which is why it gets reviewed before any plea.
Can a first DUI be expunged in Tennessee?
A DUI conviction cannot be expunged, ever, and DUI isn’t eligible for diversion. But a dismissed or acquitted DUI charge can be expunged — which is a major reason to fight the charge rather than plead at arraignment.
Do I lose my license immediately?
License revocation follows a conviction, not the arrest itself, in most Tennessee DUI cases — though a refusal under the implied consent law can carry its own suspension. If revocation happens, a restricted license with an ignition interlock usually keeps you driving to work and school.
Should I just plead guilty and get it over with?
We understand the instinct, but a DUI guilty plea is permanent — no expungement, and it’s a prior for ten years. Have a lawyer review the evidence first; if the case truly can’t be improved, you’ve lost nothing, and if it can, you’ve protected your record for life.
What does a DUI lawyer cost?
We quote a flat fee up front after a free consultation, so you know the full cost before deciding anything.