DUI Defense
Short answer: a Memphis DUI is heard in Shelby County General Sessions at 201 Poplar, or in the Germantown, Bartlett or Collierville municipal court when that city’s police made the stop. Patrick Brooks handles every DUI case personally, from the first setting through trial. A first-offense DUI starts at $2,500 as a flat fee. The two things that decide the first 48 hours are the video and your license. Call (901) 324-5000, or call or text the criminal line at 901-412-2973, any time. Se habla español.
Why Hire Patrick Brooks for Your Memphis DUI
- He tries cases in the courts that will hear yours. Thousands of criminal cases across every court in Shelby County and the surrounding four counties. Patrick knows each courtroom’s judges, prosecutors, and plea patterns because he has tried cases in them.
- Member of the National College for DUI Defense. The NCDD is the nation’s leading professional organization dedicated to DUI defense education and advocacy — the science, the instruments, and the constantly evolving case law.
- Prosecution-side and defense-side perspective. Experience as a public defender, including special assignment to all Shelby County Veterans Treatment Court cases, means Patrick knows how the State builds a DUI case and where it breaks down.
- He has cross-examined the officers. The same SFST procedures, the same breath instruments, and in many cases the same officers your case may involve.
- Both tracks handled: the criminal case and the separate implied-consent charge, plus the license side: restricted licenses and ignition interlock.
- Veterans: DUI is one of the most common charges routed to Veterans Treatment Court. Patrick’s experience there means he knows exactly when it is the right path. See military veteran defense.
- You work with the attorney, not a case manager. Call or text (901) 412-2973 any time. Spanish-language services available.
Two clocks: the criminal case and your license
A Tennessee DUI arrest with a refusal starts two separate charges, both in court. The DUI runs in General Sessions or a municipal court, where the State must prove impairment beyond a reasonable doubt. The implied-consent violation is charged on its own warrant and decided by the court, on the State’s motion when the DUI is resolved or otherwise at your first appearance or preliminary hearing. There is no separate agency hearing to request, but a refusal left unchallenged at that first setting is lost by default. Win the criminal case months later and the refusal finding still stands.
Evidence runs on a clock of its own. Patrol-car and body-camera footage is routinely overwritten within 30 to 90 days when nobody asks for it, and the surveillance video from the bar or parking lot where the stop began is usually gone in 7 to 14 days. We send preservation requests the day we are hired. The refusal rules, the revocation periods, the restricted license and the ignition interlock are all on DUI license revocation, implied consent and ignition interlock in Tennessee; the refusal question on its own is on refusing the breath test in Memphis.
What a DUI charge means in Tennessee
Under T.C.A. § 55-10-401 it is unlawful to drive, or to be in physical control of, a motor vehicle on a public road or on the premises of a shopping center, trailer park or apartment complex while under the influence of any intoxicant, drug or combination that impairs the ability to drive safely, or with a blood or breath alcohol concentration of 0.08 or more. Two points surprise most clients. You do not have to be driving: sitting in the driver’s seat with the keys, engine off, has supported convictions. And you do not have to blow over 0.08: an officer who believes your driving is impaired by alcohol, a prescription or marijuana can charge you at any number, or with no number at all.
Tennessee DUI penalties at a glance
| Offense | Minimum jail | Fine | License revoked |
|---|---|---|---|
| First | 48 hours; 7 days at a BAC of 0.15 or higher | $350–$1,500 | 1 year |
| Second | 45 consecutive days | $600–$3,500 | 2 years |
| Third | 120 consecutive days | $1,100–$10,000 | 6 years |
| Fourth or later (Class E felony) | 150 consecutive days, served day for day | $3,000–$15,000 | 8 years |
Every level also carries DUI school, an alcohol and drug assessment, the BADT fee and court costs, and the interlock rules. A passenger under 18 adds 30 days and $1,000. An injury turns the charge into vehicular assault, a Class D felony; a death into vehicular homicide. The statute-by-statute breakdown, including fifth and sixth offenses and the high-BAC enhancement, is on Tennessee DUI penalties by offense. How far back the State can reach for a prior, and how a prior is challenged, is on the ten-year look-back rule. A DUI conviction cannot be expunged in Tennessee absent a governor’s pardon, which is why the goal in a first-offense case is almost always a dismissal or a reduction rather than a lighter sentence.
Why the First Week After an Arrest Matters Most
Evidence disappears quickly. Patrol-car dash-cam and body-cam footage is frequently overwritten within 30 to 90 days if no preservation request is made. Surveillance footage from a bar, restaurant, or parking lot where the stop originated is typically overwritten in 7 to 14 days. Witness recollections fade. Breath and blood testing instruments have calibration records that are time-sensitive. The refusal charge can be decided at your first appearance — not at the end of the DUI case.
The sooner a defense attorney is retained, the more of this evidence can be preserved through formal requests and subpoenas, and the more options remain on the license side. This is why same-day or next-day consultation matters in a DUI case more than in most other criminal matters.
How Brooks Law Firm Defends DUI Cases
Every DUI case turns on three questions: Was the stop lawful? Was the arrest supported by probable cause? And is the chemical or observational evidence of impairment admissible and reliable? Our defense work examines every link in the chain:
- The stop itself: Did the officer have reasonable suspicion of a traffic violation or criminal activity? Was the stop unduly prolonged in violation of Rodriguez v. United States?
- The arrest: Were the SFSTs properly administered? Did the officer follow NHTSA protocols? Were the conditions — weather, surface, lighting — suitable for a valid test?
- The chemical evidence: Did the officer observe the required 20-minute period? Was the instrument certified? Are the calibration and maintenance records complete? Was the blood draw handled by a qualified technician using proper materials? Does Reynolds, McNeely, or Birchfield support suppression?
- The implied consent: Was the implied consent warning read correctly and completely? Was any refusal actually a refusal, or a confused response to an ambiguous advisement?
- The license track: Were you under arrest and advised of the consequences before the test was requested? Did the officer have probable cause? Does the refusal warrant hold up, and is a restricted license available?
- Prior convictions: For an enhanced charge, the state must prove the prior conviction was constitutionally obtained. We review predicate convictions for validity.
Not every DUI case ends in trial. A motion to suppress the stop, the SFSTs, or the chemical test can force a reduction to reckless driving or a dismissal. Judicial diversion, while unavailable for DUI under T.C.A. § 40-35-313(a)(1)(B)(i)(c), may be available for lesser included offenses negotiated as part of a plea. Our job is to find the strongest argument your facts support and pursue it on both the criminal and license tracks.
The tests and what they actually measure, the Tennessee and U.S. Supreme Court cases that decide suppression, and the facts that move an outcome are laid out on how a Memphis DUI case is defended. The breath and blood evidence has its own page: challenging breath and blood tests.
What a Memphis DUI lawyer costs
A first-offense DUI resolved in Shelby County General Sessions starts at $2,500 as a flat fee, and so does a first offense in the Germantown, Bartlett and Collierville municipal courts and in Tipton and Fayette County. Most cases with real issues to litigate, the stop, the field tests, the breath or blood evidence, run $2,500 to $5,000. A first-offense DUI taken to a jury trial is $10,000 to $15,000. Those are attorney fees. Court costs, fines and any expert are separate, and the free consultation ends with the number in writing. The full schedule is on what a DUI lawyer costs in Memphis and DUI lawyer cost by court.
Where your case will be heard
| Court | Whose arrests go there | What happens there |
|---|---|---|
| Shelby County General Sessions Criminal Court, 201 Poplar | Memphis Police, the Sheriff, the Highway Patrol | Misdemeanor DUI is resolved here. A felony DUI starts here with the preliminary hearing and is bound over to Criminal Court. |
| Shelby County Criminal Court | Felony DUI, vehicular assault, vehicular homicide | Indictment, motions and jury trial. |
| Germantown Municipal Court | Germantown police | Wednesday evenings. Germantown DUI. |
| Bartlett City Court | Bartlett police | Two divisions on different days. Bartlett DUI. |
| Collierville Municipal Court | Collierville police | Tuesday and Thursday dockets. Collierville DUI. |
| Tipton and Fayette County General Sessions | Covington and Somerville | Tipton County DUI and Fayette County DUI. |
| Other West Tennessee county courts | Jackson, Ripley, Brownsville, Alamo, Bolivar | Madison, Lauderdale, Haywood, Crockett and Hardeman County court guides. |
| Tennessee Department of Safety | Every arrest | No hearing on the refusal; records the revocation the court orders, and handles reinstatement, SR-22 and interlock compliance. |
We appear in all of them. Which court you are in is printed on the citation or the bond paperwork; if it is not clear, tell us what agency made the stop and we will tell you the court and the date.
What to Do Right Now If You’ve Been Arrested
- Write down everything you remember while it’s fresh — what you ate and drank, when, where, who was with you, what the officer said, what tests were administered, and how you felt physically.
- Do not post about the arrest on social media. Prosecutors check.
- Preserve any receipts from bars, restaurants, or stores you visited before the arrest.
- Do not contact the arresting officer or the prosecutor directly. Any statement can be used against you.
- Raise the refusal with your lawyer at once. The implied-consent charge can be decided at your first appearance — do not let it go by default.
- Call Brooks Law Firm at (901) 324-5000 for a consultation before your arraignment.
DUI-Related Charges We Also Defend
A DUI arrest rarely travels alone. Depending on the facts, the same incident can produce charges for reckless driving — often the negotiated landing spot when a DUI charge has proof problems — leaving the scene of an accident, or, once a revocation takes effect, driving on a suspended license — and where unpaid court debt is what keeps a license suspended, waiving old court costs may clear the path back. Commercial drivers face separate career-level consequences covered on our CDL defense page, and veterans may qualify for the treatment-court path described on our veterans defense page.
Drugged-driving cases — DUI based on marijuana, prescription medication, or other controlled substances — often pair the DUI with drug charges such as marijuana or prescription pill possession, and they rise or fall on the State’s chemical proof; see our page on challenging drug testing evidence. And where the court orders an ignition interlock device or alcohol monitoring, the conditions themselves can often be challenged or modified.
Memphis DUI Defense — Every Topic We Cover
The law in depth:
- Tennessee DUI penalties by offense — first through sixth, child in the car, injury, death, high BAC
- The ten-year look-back rule — how prior DUIs are counted and challenged
- License revocation, implied consent and ignition interlock — the license track
- How a Memphis DUI case is defended — field tests, chemical evidence, case law and what changes the outcome
- DUI checkpoints in Memphis — when they are legal, your rights at one, and how a checkpoint arrest is challenged
- DUI reduced to reckless driving — when a reduction is realistic and what it still costs
Your situation:
- First DUI in Memphis — what happens next and what to do
- Felony & repeat DUI — 2nd, 3rd, 4th offense and beyond
- Underage DUI — drivers under 21
- Drug DUI — driving under the influence of drugs or medication
- CDL holders charged with DUI or serious traffic offenses
- Veterans charged with DUI — Veterans Treatment Court
The evidence and your license:
- Challenging breath & blood test evidence
- Driving on a suspended or revoked license (TCA § 55-50-504)
- Waiving old court costs & getting your license reinstated
- Habitual Motor Vehicle Offender (HMVO) removal
Your court:
Costs:
Memphis DUI: Frequently Asked Questions
Do I need a lawyer for a first-offense DUI in Tennessee?
Yes. A first offense carries a mandatory minimum of 48 hours in jail, a one-year license revocation, and a conviction that cannot be expunged from your record absent a governor’s pardon. Many first-offense cases can be challenged — the stop, the field sobriety tests, or the chemical test — and some can be reduced to reckless driving, which is expungeable. Those options disappear once you plead guilty.
How much does a DUI cost in Tennessee?
Between fines ($350–$1,500 for a first offense), court costs, the BADT fee, DUI school, an alcohol and drug assessment, SR-22 insurance, ignition interlock installation and monitoring, and license reinstatement fees, a first-offense DUI routinely exceeds $4,000 — before attorney fees and before the insurance increases that follow for years.
Can a DUI be expunged in Tennessee?
Not without a governor’s pardon. Otherwise a DUI conviction cannot be expunged in Tennessee. This is one of the strongest reasons to fight the charge rather than plead guilty. A charge reduced to reckless driving or dismissed outright can be expunged. See our expungement page.
Can a Tennessee DUI be reduced to reckless driving?
Sometimes. There is no automatic reduction, but where the evidence has problems — an unlawful stop, improperly administered field sobriety tests, breath-test procedure violations, or a borderline BAC — prosecutors may agree to reduce the charge. Whether that is realistic depends entirely on the facts of your stop and testing.
Will I lose my license after a Memphis DUI arrest?
A conviction triggers a mandatory revocation (one year for a first offense). Separately, refusing a chemical test triggers its own revocation under the implied consent law even if you are acquitted. You may qualify for a restricted license with an ignition interlock device that lets you drive to work, school, and court-ordered programs. Deadlines to challenge the revocation are short — act quickly.
Should I have taken the field sobriety tests?
Field sobriety tests are voluntary in Tennessee and you cannot be penalized for declining them. Chemical tests (breath or blood) are different — refusing those triggers license revocation under implied consent. If you already took the tests, they can still be challenged: roadside conditions, medical issues, footwear, and officer error all affect their validity.
What court will my Shelby County DUI case be in?
Most Memphis DUI cases begin in Shelby County General Sessions Criminal Court at 201 Poplar Avenue. Cases can be resolved there or bound over to a Shelby County Criminal Court division. Arrests by suburban agencies may begin in municipal courts in Bartlett, Germantown, or Collierville; a Millington police DUI goes to 201 Poplar.
How long do I have to hire a DUI attorney?
The practical answer: days, not weeks. Dash-cam and body-cam footage can be overwritten within 30–90 days, bar and parking-lot surveillance within 7–14 days, and a refusal charge can be decided at your first court setting. The sooner an attorney sends preservation requests, the more evidence survives.
What is the new DUI law in Tennessee?
Several changes since 2024 matter if you are charged now. Since July 1, 2024, a first DUI with a BAC of 0.15 or higher carries at least seven consecutive days in jail instead of 48 hours (2024 Pub. Ch. 1011). On refusals: since May 5, 2025 a refusal counts even if police then get your blood with a warrant; since January 1, 2026 a first refusal of a blood test, by a driver with no prior conviction who is suspected of a misdemeanor DUI, means an 18-month revocation instead of one year; and from January 1, 2027 every refusal by a driver with no prior conviction will carry 18 months, with longer periods still applying after a crash with serious injury or death (2025 Pub. Ch. 403; 2026 Pub. Ch. 1046). In crash cases, the BAC level in the aggravated vehicular assault and aggravated vehicular homicide statutes dropped from 0.20 to 0.15 on July 1, 2025 (2025 Pub. Ch. 430), and since July 1, 2026 a broken bone counts as serious bodily injury for vehicular assault (2026 Pub. Ch. 875). The refusal is decided by the court, as early as your first appearance, so raise it with your lawyer right away.
Can you get diversion for a DUI in Tennessee?
No. Tennessee excludes DUI from both judicial diversion and pretrial diversion (T.C.A. §§ 40-35-313, 40-15-105), so a DUI charge ends in a dismissal, a reduction, an acquittal or a conviction. Underage driving while impaired under § 55-10-415, the separate offense for drivers under 21 with a BAC of 0.02 or more, is not on either exclusion list, so a qualifying young driver charged with that offense can ask for diversion; an under-21 driver charged with regular DUI cannot. If a DUI is reduced to an offense that is not excluded, diversion can come back into the conversation, which is one more reason the first fight is over the stop and the evidence.
Is a DUI a felony in Tennessee?
Usually not. A first, second or third DUI is a misdemeanor. A fourth or later conviction is a Class E felony, with at least 150 consecutive days in jail served day for day and an eight-year license revocation. A DUI can also be charged as a felony the first time when someone is seriously hurt or killed: vehicular assault, vehicular homicide and aggravated vehicular homicide are felonies in their own right. A child under 18 in the car adds mandatory jail and a fine, and becomes a felony if the child is seriously hurt. The tiers are set out on our Tennessee DUI penalties page.
Schedule a Confidential Consultation
Brooks Law Firm represents clients charged with DUI — in General Sessions, Criminal Court, and Municipal Court — and in surrounding West Tennessee counties. Our Memphis DUI defense lawyers represent clients throughout Shelby County.
Brooks Law Firm
2299 Union Avenue
Memphis, Tennessee 38104
Phone: (901) 324-5000
patrickbrookslaw.com/
Disclaimer: This page provides general information about Tennessee DUI law current as of 2026 and is not legal advice. Reading this page does not create an attorney-client relationship. Statutory citations reflect the 2026 Tennessee Code; amendments after that date may affect the accuracy of specific provisions. Case citations are provided for reference only and do not predict outcomes in any specific matter. Every case is different. If you have been charged with a DUI, contact a qualified Tennessee attorney about the specific facts of your matter.