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.
When There Is a Prior on Your Record
With a prior DUI, vehicular assault or vehicular homicide conviction, the case starts differently. When an officer has probable cause of DUI and the driver has one of those priors, the law requires a test, and a blood test is taken under a search warrant or exigent circumstances whether or not you agree (T.C.A. § 55-10-406(c)). That makes the warrant, the draw and the lab work among the first things we review.
If you declined the test, that is a separate matter. It is charged on its own warrant and decided by the judge, and with a prior conviction a refusal carries a two-year revocation that can stand even if the DUI itself is later reduced or dismissed (§ 55-10-407(a), (d)). For the refusal statute, a “prior conviction” means a DUI, vehicular assault or vehicular homicide conviction, here or in another state, within ten years, with an older one counting only if each conviction falls within ten years of the next, and never one more than twenty years old (§ 55-10-407(e)). For the DUI charge itself, see the Tennessee DUI look-back period.
Whether a restricted license is available during a revocation depends on the prior record and on whether anyone was seriously hurt (§ 55-10-409). Where one is available, a DUI conviction within the past five years makes an ignition interlock mandatory, and the interlock runs for at least 365 consecutive days or the whole revocation, whichever is longer (§§ 55-10-409(b)(2)(B)(iv), 55-10-425(a)(2)(B)).
In the first weeks, gather whatever paperwork you have from the earlier case (the court, the county, the year and how it ended), do not drive on a revoked license, and do not discuss the arrest with anyone but your lawyer. The prior record is decided on documents, so the sooner we have them the better.
If Someone Was Hurt: Vehicular Assault and Vehicular Homicide
When a crash injures or kills another person, the case changes from the first hour. If the officer has probable cause of DUI after a collision that injured or killed someone else, a test is mandatory, by warrant or under exigent circumstances if the driver does not agree (§ 55-10-406(c)). A refusal after a crash with serious bodily injury carries a two-year revocation, and after a fatal crash five years (§ 55-10-407(a)(3), (4)).
Several recent changes raise the stakes:
- Since July 1, 2025, the blood-alcohol element in aggravated vehicular assault and aggravated vehicular homicide has been 0.15%, down from 0.20% (2025 Pub. Ch. 430).
- Since July 1, 2026, “serious bodily injury” for vehicular assault includes a broken bone (2026 Pub. Ch. 875).
- Since July 1, 2026, a felony involving serious bodily injury or death carries a presumption against release on your own recognizance (2026 Pub. Ch. 604).
- Leaving the scene of a fatal crash, already a Class E felony, now carries a one-year mandatory minimum served at 100% (2026 Pub. Ch. 1072), and intoxication vehicular homicide plus leaving the scene is sentenced in at least Range II (2026 Pub. Ch. 715).
These cases also raise questions the crash report does not settle: how the crash happened, what caused it, and whether the injury meets the statute’s definition. Each deserves an independent look.
Common questions
Can a repeat or felony DUI be diverted or expunged?
No. DUI is excluded from both pretrial and judicial diversion (§§ 40-15-105, 40-35-313), and a DUI conviction cannot be expunged in Tennessee absent a governor’s pardon (§ 40-32-107(d)). A DUI charge that is dismissed is different: it can be expunged at no cost (§ 40-32-106).
Will a second DUI affect my handgun carry permit?
Yes. Since May 2025, a person with two or more DUI convictions within ten years, or any DUI conviction within five years, is not eligible for a Tennessee handgun carry permit (2025 Pub. Ch. 356).
I was driving on a license revoked for my last DUI. What does that add?
It adds a separate charge under § 55-50-504. When the revocation came from a DUI, it carries at least 2 days and up to 6 months and a fine of up to $1,000. A second such offense is a Class A misdemeanor with 45 days to a year and a fine of up to $3,000. Pretrial diversion is not available, probation cannot begin until the minimum is served, and the vehicle can be forfeited.
When would I have to start serving a jail sentence?
Since 2026, the judge sets the date a DUI jail sentence begins (2026 Pub. Ch. 819). The minimum still has to be served, but the start date is something we can raise with the court so work and family can be arranged first.
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.