DUI Defense
Tennessee treats each DUI conviction more seriously than the last, and a fourth offense — or a DUI causing serious injury or death — is a felony. If you have a prior DUI and are facing a new charge in Memphis or Shelby County, the stakes and the strategy are different from a first offense, and the defense needs to reflect that from day one. Brooks Law Firm defends repeat and felony DUI charges throughout West Tennessee. Patrick Brooks is a member of the National College for DUI Defense and TACDL. Call (901) 324-5000.
How Tennessee Escalates DUI Penalties
A second conviction within ten years carries a mandatory minimum of 45 days in jail, fines from $600 to $3,500, and a two-year license revocation. A third carries at least 120 days and a six-year revocation. A fourth or subsequent DUI is a Class E felony with a mandatory minimum of 150 consecutive days of confinement, fines up to $15,000, and an eight-year revocation — along with everything a felony record brings for employment, housing, and firearm rights. Vehicular assault by intoxication and vehicular homicide are separate felonies with far greater exposure. Mandatory minimums in DUI cases must actually be served, which is why the fight over the conviction itself matters so much.
The Ten-Year Lookback — and Why Priors Get Challenged
Whether an old conviction counts against you depends on Tennessee’s lookback rules and on whether the prior conviction is itself valid for enhancement. Out-of-state convictions, old cases resolved without counsel, and records that do not establish what the State claims they establish are all litigated. Knocking out a prior can be the difference between a felony and a misdemeanor, or between months and days of mandatory jail.
Defending the New Charge
A repeat DUI is still a DUI — the State must prove the stop was lawful, the arrest was supported, and the breath or blood evidence holds up. Every defense available in a first-offense case remains available, and because the consequences are heavier, the testing and procedural review deserve even more attention, not less. Where the facts support it, structured resolutions involving treatment can also change outcomes; for veterans, Shelby County’s Veterans Treatment Court may be available even in repeat-offense situations, and we know that route well.
If you are facing a second, third, fourth, or felony DUI anywhere in Memphis, Shelby County, or the surrounding counties, call Brooks Law Firm at (901) 324-5000. We will review your prior record and your new case honestly and tell you exactly where you stand. See also: Memphis DUI defense and driving on a revoked license.