06/04/2013

DUI

DUI Attorneys of Memphis and Shelby County Tennessee

Memphis Criminal Lawyers

 

Defend against DUI charges in Memphis, Shelby County and West Tennessee: warrantless blood test, traffic stop, breathalyzer, field sobriety test, probable cause and dash camera video

Implied consent is the agreement made in exchange for the issuance of your license, that essentially states you will submit to a blood alcohol test if reasonable suspicion exists for driving under the influence. Several machines are used throughout the United States to measure alcohol content, some are more reliable than the others. Many factors impact the reliability of these results. Refusing to submit to a breathalyzer has the same effect of loosing your license for a year as does pleading to a DUI. In Tennessee DUI convictions are not eligible for diversion and can never be expunged unless your are under the age of twenty one (21) years of age. Remember you do not have to plead guilty! It is important to contact a criminal attorney that can advise you of important defense, constitutional rights and available options. Call Brooks Law Firm for a free consultation of your criminal charges (901) 324-5000.DUI

Tennessee’s law governing DUI and related automobile offenses are constantly changing.[pullquote] It is important to know the implications of pleading to a DUI and refusal to submit to Blood Alcohol Test.[/pullquote]

(1st) DUI is a misdemeanor that carries a mandatory 48 hours to 11 months and (29) days in jail, blowing .20 BAC or greater  can require a minimum of 7 consecutive days in jail. Fines can range from $350 to $1,500. If it resulted in a crash or injuries you may be required to pay restitution. Pleading guilty to a DUI 1st with a breath test result of .08 now carries the penalty of having the dreaded interlock device installed on your car as a condition of being issued a restricted license.
Refusal to submit to the Breathalyzer test, results in a one year revocation of your driver’s license. Refusing to comply with the implied consent statute does not mean you have to plead guilty to a DUI. You can still receive a restricted driver’s license for that year and you could still have the DUI dismissed or reduced to a reckless driving ultimately. A Second offense of refusing to submit to a blood alcohol test can be a revocation of driving privileges for two years. If there is an accident or death involved it can increase the period of revocation under Tennessee Law and harsher penalties.
• Receiving a (2nd) DUI requires mandatory minimum of (45) days in jail and up to one year, revocation of your license for two years, the vehicle can be subject to seizure in addition to fines ranging from ($600-$3500), restitution and requirements of an interlock device on your car if (2) convictions within (5) years.
• Receiving a (3rd) DUI carries mandatory jail time of (120) days in jail, fines ranging from ($1,100-$10,000), revocation of your license for 6-10 years and no restricted license is available.
• Receiving a (4th) DUI is charged as a felony and carries a minimum of 150 consecutive days served with a possibility of six years in jail. License may be suspended for 5 years and sometimes indefinitely. 

Remember you do not have to submit to a field sobriety test or breathalyzer if you are asked by an officer. Many times it only serves to be used to secure a conviction at trial. Regardless of the results of these tests, they can suppressed if they lacked probable cause to initiate the stop. You only have one chance to get them dismissed or hear the jury return a verdict of not guilty. It is often important to preserve these issues in a preliminary hearing or trial to ensure the protection of your constitutional rights under Federal and State law.

DUI Attorneys in Arlington, Bartlett, Collierville, Cordova, Germantown, Memphis and Millington Tennessee getting a DUI charge can change you life, it can affect your job and family dramatically. You could possibly lose your license and there are certain mandatory minimum sentences depending on if it is your 1st, 2nd, 3rd DUI charge. Talk to an experienced Memphis DUI lawyer today. Remember you do not have to plead guilty! In addition just because you have refused the breathalyzer does not mean you will be found guilty. If you refuse the  breathalyzer test and are convicted you will lose you driver’s license for one year. [pullquote]Even if you lose your license or plead guilty to your DUI charges you may still obtain a restricted license allowing you to go to work, family, church and any necessary functions and events.[/pullquote] Brooks Law Firm is dedicated to fighting for your freedom and ability to move on after your case. Brooks Law Firm asks the tough questions. Did the police make a proper stop of your vehicle, was your arrest constitutional? Did the police properly administer field sobriety tests? Was the breathalyzer properly calibrated and used by a trained professional? There are many possible defenses that could exist in the DUI case and you have more options than just pleading guilty. Call today and talk to Patrick Brooks, Memphis DUI attorneys are ready to talk about your DUI charges and all options moving forward. Brooks Law Firm offers the initial consultation for free call (901) 324-5000.

Criminal Charges can have serious consequences on your future job prospects and family. Patrick Brooks is a Memphis DUI lawyer that understands the consequences you  are facing and works hard to protect your rights. The legal system can seem complicated at times, but Attorney Patrick Brooks understands this and will find solutions to your problems. If facing difficult decisions regarding your criminal charges contact an experienced criminal defense attorney in Memphis Tennessee that will explain the criminal charges before you talk to anyone else. Brooks Law Firm will work hard to try and negotiate the best possible settlement of your case including the dismissal of charges and expungement of your record. When your back is against the wall, our Memphis DUI lawyers are dedicated to helping find the right solution to your criminal charges, including informing you of all options and defenses available.

CRIMINAL DEFENSE PRACTICE AREAS

AGGRESSIVE CRIMINAL DEFENSE FOR THE BEST RESULTS

Mr. Brooks will work across the divisions of the judicial system to get you the best possible result. Judges and prosecutors respect his drive and personal touch he gives both the cases and criminal clients he represents. You need a skilled attorney ready to get the best results possible in plea negotiations and courtroom presence. Brooks Law Firm have Spanish Interpreters available at a moment’s notice. Brooks Law Firm is fair and works with clients involving costs, fees and fines associated with your criminal charges. When you need a criminal lawyer in Memphis and Shelby County, Tennessee that will fight for your rights both inside and outside the courtroom, DUI Attorney Patrick Brooks is who you should call.

FREE CONSULTATION OF YOUR DUI CHARGE WITH A LAWYER

Our office is conveniently located in the heart of midtown Memphis and is handicap-equipped for disabled persons. We accept cash and credit cards and we will work with clients on payment plans when that option is available to suit the needs of the client. Call Patrick Brooks Law Firm’s DUI attorneys for a free consultation today regarding your criminal charges. Our DUI lawyers practice in: Arlington, Bartlett, Cordova, Collierville, Germantown and Millington, Tennessee.

 


DUI Attorney Resources

National College for DUI Defense

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