Top 10 Memphis DUI Questions

Below are Questions our Clients Ask, Along with My Responses:

1. How can I contact you and when can I meet with you?

  • 1. You can give our office at call at 901-754-1340

Normally, your call or e-mail will be received by my office receptionist and/or my legal staff. Initial information about your case should be taken in a telephone or office conference and either of these conferences are free as your initial consultation. Normally, an office conference is scheduled the day of your contact or within a few days thereafter.

2. How does a Memphis, Tennessee DUI Conviction effect my record?

In Tennessee, a DUI conviction stays on your driving record for ten (10) years. During this time any additional DUI convictions will increase the punishment. The charge itself will be on your record (rap sheet) for life. The DUI charge can have an adverse effect on your employment, especially if driving is a major part of your work duties. In addition, the DUI conviction will cause you to obtain SR-22 insurance (also known as high risk insurance) for three years. Only high risk insurance companies write SR-22 insurance. Should you drop the insurance, your driving license in Tennessee will once again be suspended. The DUI charge on your record could also cause you problems with your credit report and with rental car companies.

These problems occur when DUIs appear on your record. You always have the opportunity to contest DUIs, to take the matter to court, and in almost every case DUIs should be fought to obtain an outright acquittal or a non-DUI disposition. These are some of the reasons that I fight for an acquittal in your case.

3. What does a plea in a Memphis DUI trial mean?

There are basically three types of pleas in DUI cases. The first plea is taken on a date called an “arraignment” date, usually your first court appearance. At the arraignment, the court will ask how you plead. Should you plead guilty, then the court will proceed to make a finding of guilty and assess fines, court costs, and the appropriate jail sentence. Should you plead not guilty, the court will assign you a trial date. You will appear in court later, where you may change your plea from not guilty to guilty, or you may plead nolo, which means “nolo contendere” or no contest. In any of these pleas: a plea of not guilty, a plea of guilty, or a plea of no contest, the judge must still make a finding. It is only in a plea of not guilty, however, that a trial will ensue. At the end of the trial, the judge makes a finding of guilty or not guilty at the General Sessions level. If there is a no contest (nolo contendere) or guilty plea made, then the court proceeds to make a finding of guilt and impose a fine and jail term consistent with the law on DUIs.

4. If I had a drunk driving (or impaired driving) conviction in another state, will it show up in Mississippi?

Drunk driving convictions from other states can show up in Tennessee in any number of ways. Most states are now linked together through computer systems run by law enforcement agencies for the purposes of sharing information one state to another. This information can be accessed by either the court, or the prosecutor, or the Highway Patrol. Sometimes these convictions do not show up, and our job as your attorney would be to fight any convictions that happen out of state.

5. How will a DUI arrest affect my out-of-state license?

Tennessee cannot suspend an out-of-state license; only your home state can suspend your license. Tennessee can only suspend your privilege to drive in this state. A refusal to submit to an officer’s request for a breath, blood, or urine test MAY result in a suspension in Tennessee (if we are unsuccessful at the administrative hearing), but MAY or MAY NOT cause you to be suspended in your home state. The rules for handling a refusal report from Tennessee vary in each state. Some states do nothing in the non-resident driver’s home state for a “refusal” to be tested in Tennessee.

6. The officer took my license. When can I get it back?

Tennessee law permits an officer to confiscate the license of any motorist who is arrested for DUI. Do not just apply for a new license because you can create even more problems for yourself. At your free consultation, ask us about how and when you may seek to have your license returned, or possibly retrieved from the prosecutor so that you can have your plastic license prior to trial.

7. Do I need a Memphis DUI lawyer?

Every person can represent himself or herself in court. Because a DUI is such a critical matter, however, it is not generally a wise choice to go to court unrepresented. Your right to drive, your freedom and your future employment options may hang in the balance. The choice is yours. We advise taking advantage of our free consultation to see whether you want to hire a Memphis DUI attorney.

8. Should I go to driving school  now?

No. This is a course given over the course of a month in four (4) three hour sessions. The course will lower your license suspension from one (1) year to ninety (90) days. The course is available to those convicted of a DUI first offense.

9. If I fight the case and lose, do I get any money refunded on legal fees?

No. Unlike personal injury cases in which an attorney can agree to accept a percentage of any financial recovery in a CIVIL case, the State Bar of Tennessee prohibits “contingency” fees in criminal cases. With a surgeon, not every operation is a success. Yet, would you go back and ask for a refund of fees paid? No, because a Memphis DUI lawyer (like a surgeon) is compensated for his/her time, knowledge, expertise, and legal acumen. This is our “product.” In addition, I set a “fixed” fee, not hourly, so you will know how much you will pay for legal services.

10. Do we have any control over which judge or prosecutor I get for my case?

As a general rule, no. Computer assignments or rotation of judges makes most court assignments for each case random. We have very little input about how a case is assigned, or which prosecutor will handle it.