Call Us Today
If You've Been Charged With a DUI...

You need more than a lawyer. You need a fighter. If you’ve been arrested for driving under the influence (DUI) in Memphis, your future, freedom, and reputation are on the line. Tennessee’s DUI laws are strict and unforgiving. One mistake can cost you your license, your job, and even your freedom. At Harvey Criminal Defense Lawyers, we don’t just show up to court—we show up to win.

Arrested for DUI in Memphis?

Our firm is built on a simple but powerful belief: every client deserves aggressive representation and straight answers. We know what’s at stake when you’re facing a DUI. That’s why we act fast, investigate hard, and push back against weak evidence. We’re based right here in Memphis, and we understand how the local courts operate. Our experience can make a critical difference in your case.

  • Years of DUI defense experience
  • Local attorneys who know the Memphis court system
  • Proven track record of reduced charges, and dismissed cases
  • Availability for urgent legal help
Shelby County Criminal Court
  • Address: 201 Poplar Avenue, Memphis, TN 38103
  • Phone: (901) 222-3200
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM
Shelby County General Sessions Criminal Court
  • Address: 201 Poplar Avenue, Suite LL-81, Memphis, TN 38103
  • Phone: (901) 222-3500
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM

Tennessee DUI Laws: What You’re Up Against

Tennessee law prohibits operating or being in “physical control” of a motor vehicle while impaired by alcohol, drugs, or any intoxicating substance. That means you can be charged even if the car isn’t moving—even if you’re just sleeping in the driver’s seat with the keys nearby.

Key Legal Limits:

  • Standard BAC Limit: 0.08%
  • Commercial Drivers: 0.04%
  • Underage Drivers: 0.02% (Zero tolerance)
  • Aggravated BAC: 0.15% or higher

Tennessee also enforces implied consent laws. If you’re arrested for DUI and refuse a chemical test, your license can be suspended for up to two years—regardless of whether you’re convicted.

Penalties for a DUI Conviction in Memphis

Tennessee doesn’t take DUI charges lightly. Even a first offense carries mandatory jail time and harsh consequences.

First Offense DUI:

  • 48 hours to 11 months and 29 days in jail
  • $350 to $1,500 in fines
  • 1-year driver’s license revocation
  • Possible ignition interlock device (IID) requirement

Second Offense:

  • 45 days to 11 months and 29 days in jail
  • $600 to $3,500 in fines
  • 2-year license revocation
  • Mandatory IID and vehicle forfeiture possible

Third Offense:

  • 120 days to 11 months and 29 days in jail
  • $1,100 to $10,000 in fines
  • 6-year license revocation

Subsequent offenses can result in felony charges, longer jail time, and permanent loss of driving privileges.

Aggravating Factors That Increase Penalties:

  • High BAC (0.15% or more)
  • Causing injury or death
  • Prior DUI convictions
  • Child passenger under age 18

Areas Served

  • Memphis
  • Germantown
  • Collierville
  • Bartlett
  • Somerville
  • Brownsville
  • Jackson
  • Trenton
  • Humboldt
  • Ripley
  • Dyerburg
  • Martin
  • Dresden
  • Union City
  • Milan
  • Titptonville
  • Henderson
  • Huntingdon
  • Lexington
  • Camden
  • Paris
  • Bolivar
  • Selmer
  • Savannah
  • Decaturville
  • 38103
  • 38104
  • 38105
  • 38106
  • 38107
  • 38108
  • 38109
  • 38111
  • 38112
  • 38114
  • 38115
  • 38116
  • 38117
  • 38118
  • 38119
  • 38120
  • 38122
  • 38125
  • 38126
  • 38127
  • 38128
  • 38131
  • 38132
  • 38133
  • 38134
  • 38135

What to Expect After a DUI Arrest

From the moment you’re pulled over, the clock is ticking. Here’s what typically happens:

  1. Field Sobriety Tests & Arrest
    Police may ask you to perform physical tests or take a preliminary breath test.
  2. Implied Consent & Chemical Testing
    Refusing a breath or blood test can lead to license suspension, even if you’re never convicted of the DUI.
  3. Booking & Jail
    You may spend time in jail, even for a first offense.
  4. Court Date
    Your arraignment will be scheduled, where you’ll enter a plea.
  5. Administrative License Suspension
    In Tennessee, the criminal court judge can suspend your license, even before you’re convicted of the DUI.

Call Us -
We Can Help

70+
Five Star Reviews

Defending Against DUI Charges in Memphis

A DUI charge is not a conviction. At Harvey Criminal Defense Lawyers, we fight to protect your rights and expose weak points in the prosecution’s case.

We examine:

  • Was the traffic stop legal?
  • Were field sobriety tests administered properly?
  • Was the breathalyzer calibrated and used correctly?
  • Did the officer have probable cause to arrest you?
  • Can the state prove you were in control of the vehicle?

We’ve secured favorable outcomes for our clients by challenging flawed evidence, negotiating with prosecutors, and taking cases to trial when necessary.

Restricted Licenses and Ignition Interlock Devices

Even if your license is suspended, you may be eligible for a restricted license allowing you to drive to work, school, or medical appointments. In most cases, you’ll need to install an ignition interlock device (IID) to qualify.

An IID requires you to pass a breath test before your car will start. It may also require rolling retests while driving.
We help clients petition the court for restricted licenses and connect them with certified IID providers.

Underage DUI in Tennessee

Drivers under 21 face zero-tolerance laws. A BAC of just 0.02% can lead to arrest.

Penalties include:

  • 1-year license suspension
  • $250 fine
  • Community service
  • No restricted license eligibility

If your child is facing a DUI, it’s critical to involve an experienced defense lawyer immediately.

Why Time Matters

The sooner you call a Memphis DUI lawyer, the better your chances of avoiding the worst-case scenario. Evidence can be lost. Witnesses forget. Prosecutors begin building their case immediately.

We move fast to:

  • Prevent license suspension
  • Review arrest footage and police reports
  • Challenge evidence
  • Negotiate for reduced charges or dismissal

Talk to a Memphis DUI Lawyer Today

Don’t gamble with your future. A DUI conviction can affect everything from job prospects to insurance rates to your reputation. At Harvey Criminal Defense Lawyers, we take these charges as seriously as you do.

Let us fight for your freedom, your license, and your peace of mind.

Contact us now for a consultation.

Frequently Asked Questions

Will I go to jail for a first-time DUI in Memphis?

Yes, jail time is mandatory under Tennessee law—even for first-time offenders. The minimum is 48 hours, but it can go up to nearly a year depending on the circumstances. However, with a strong defense, it may be possible to negotiate alternatives like probation, treatment, or community service.

What happens if I refused a breathalyzer or blood test?

Tennessee’s implied consent law allows the state to suspend your driver’s license even if you’re not convicted of DUI. A first refusal can mean a 1-year suspension. A second refusal or refusal after an accident with injury can lead to a 2-year suspension.

Can I still drive after a DUI arrest?

You may be eligible for a restricted license that allows you to drive to work, school, and medical appointments. In most cases, the court will require you to install an ignition interlock device on your vehicle to qualify.

How long does a DUI stay on my record in Tennessee?

A DUI conviction stays on your criminal record permanently. For sentencing purposes, prior DUI offenses within the last 10 years count toward enhanced penalties. Expungement is not an option for DUI convictions in Tennessee.

What if I was just sitting in my car but not driving?

Tennessee law allows police to arrest you for DUI if you’re in “physical control” of a vehicle—meaning the keys are accessible and you’re in a position to operate it. Even if the car wasn’t moving, you can still be charged. These cases are highly fact-specific and often winnable with the right defense.

CRIMINAL ATTORNEY NEAR MEMPHIS, TN

Proudly Serving Memphis, TN &
Surrounding Counties
Serving: Memphis, Germantown, Collierville, Bartlett, Covington, Somerville, Brownsville, Jackson, Henderson & surrounding areas.
100% Confidential - Virtual, Phone or In-Office

MEMPHIS CRIMINAL DEFENSE

Your Future Depends on the Decisions You Make Today

The prosecutors are already building their case against you. Every day you wait is another day they get stronger.

But you don’t have to face this alone.

  • 100% Confidential Consultation
  • Quick Answers to Your Questions
  • Focused, Individual Attention
  • No Judgment — Just Results
Remember: Don't talk to investigators alone.
Your next call should be to us.