Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Memphis is famous for being the home of Graceland and having some of the best blues clubs in the world. It’s a great place to visit if you want to have fun. However, if that fun results in you drinking and driving, you could get arrested. That is when you need one of the best Memphis DUI lawyers. This list will help you pick the attorney best for you.
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Best DUI Attorneys in Memphis
Compare Top DUI Attorneys
| Lawyer Name | TN Bar Association Status | Year Admitted to TN Bar | Law School Attended | LEARN MORE | ||
|---|---|---|---|---|---|---|
| Blake D. Ballin | Active | 2004 | Fordham University School of Law | Get Matched | Get matched with legal services near you | |
| Stephen R. Leffler | Active | 1984 | The University of Memphis Cecil C. Humphreys School of Law | Get Matched | Get matched with legal services near you | |
| William D. Massey | Active | 1981 | The University of Memphis Cecil C. Humphreys School of Law | Get Matched | Get matched with legal services near you | |
| Marty B. McAfee | Active | 1996 | The University of Memphis Cecil C. Humphreys School of Law | Get Matched | Get matched with legal services near you | |
| Joseph A. McClusky | Active | 2008 | The University of Memphis Cecil C. Humphreys School of Law | Get Matched | Get matched with legal services near you | |
| Mark S. McDaniel | Active | 2017 | Lincoln Memorial University Duncan School of Law | Get Matched | Get matched with legal services near you | |
| Ruchee J. Patel | Active | 2007 | The University of Mississippi School of Law | Get Matched | Get matched with legal services near you | |
| Michael J. Stengel | Active | 1986 | The University of Memphis Cecil C. Humphreys School of Law | Get Matched | Get matched with legal services near you | |
| Michael R. Working | Active | 2006 | The University of Memphis Cecil C. Humphreys School of Law | Get Matched | Get matched with legal services near you |
DUI Laws in Tennessee
Tennessee DUI laws are designed to discourage people from drinking and driving. The penalties for driving under the influence are both financially significant and involve meaningful jail time. If you are charged with a DUI in Tennessee, you should take those charges seriously and hire a knowledgeable DUI attorney as soon as possible.
Legal Blood Alcohol Concentration (BAC) in Tennessee
The legal BAC in Tennessee is 0.07 or lower. That is identical to most other states. If you drive with a BAC of 0.08 or higher, you are guilty of violating the DUI laws in the state.
While this is the law that applies in most cases, there is one situation where a person can be charged with a DUI while driving at a lower BAC. If you are under the legal drinking age of 21 years old, the maximum legal BAC you can have is 0.01. Anything higher earns a DUI.
Implied Consent Law in Tennessee
A driver’s license is a privilege, not a right. To take advantage of that privilege, you must agree to follow specific regulations. One of those regulations is that you must consent to a blood alcohol test when a police officer requests you to take one. This is called implied consent.
If you refuse to take this test, your driver’s license will be automatically revoked for at least one year. The automatic revocation is increased to two years if this is not your first offense or if you were in an accident that resulted in an injury. Finally, if you were involved in an accident where someone died and you refused to take a blood alcohol test, your license would be revoked for five years.
DUI Penalties in Tennessee
As previously noted, the DUI penalties in Tennessee are quite prohibitive. Tennessee law requires everyone convicted of a DUI to spend at least some time in jail, and the average monetary costs are often in the thousands of dollars. The following shows the penalties based on the number of offenses.
| Offense | Jail Time | Fines | License Revocation |
|---|---|---|---|
|
First
|
Two days to 11 months and 29 days
|
$350 to $1500
|
One year
|
|
Second
|
45 days to 11 months and 29 days
|
$600 to $3,500
|
Two years
|
|
Third
|
120 days to 11 months, 29 days
|
$1,100 to $10,000
|
Six years
|
|
Fourth or later
|
150 consecutive days to one year
|
$3,000 to $15,000
|
Eight years
|
The first offense may not seem so bad, but there are other factors to take into account. First, there is a high BAC penalty for first-time offenders if their BAC is 0.20 or higher. This penalty increases the minimum jail time to seven consecutive days.
Furthermore, while the maximum penalty may appear to be $1,500, once all fees, fines, and increased insurance costs are accounted for, the average costs of a first offense are close to $5,000, even if the judge waives the fines. Anyone facing a second offense or later won’t be that lucky because fines can’t be waived for later offenses.
Finally, there are penalties that offenders face regardless of how many offenses they have incurred. These penalties are:
- Mandatory enrollment in an alcohol or drug treatment program (at the offender’s cost)
- Installation of an ignition interlock device
- Paying restitution to anyone harmed due to driving under the influence
- License reinstatement costs
All of these penalties are in addition to any implied consent penalties.
What to Expect After a DUI Arrest in Tennessee?
If you are arrested for a DUI, typically, the officer that arrests you will request that you submit to a blood alcohol test. You can legally refuse. However, you will be subject to implied consent penalties if you do. Furthermore, the police might get a court order requiring you to submit, at which point you can no longer refuse.
From the moment you are arrested, you have the right to be represented by an attorney. You also have the right to remain silent when questioned by police. You should invoke both those rights if you wish them to be respected. Shortly after the arrest, you will receive a hearing where you will be officially informed of the charges, allowed to enter a plea and likely assigned bail.
How Can an Attorney Help You?
Memphis DUI lawyers usually try to get the charges reduced or dropped before the trial begins. To get the charges dropped, an attorney will usually allege that the arrest was illegal or that the rights of their client were violated.
Getting the charges reduced involves negotiating with the district attorney that filed the charges. This is usually an option if the client has never been convicted of driving under the influence. If it is the second offense or later, it is much more difficult to get charges reduced. In those cases, the lawyer will usually negotiate for reduced penalties.
How to Choose the Best DUI Lawyer in Memphis
The quality of your DUI lawyer matters when you are facing mandatory jail time and monetary penalties that can add up to the thousands. Looking at this list is a good start to choosing the best DUI attorney in Memphis. When you’re considering whether an attorney is good for your case, consider the following factors.
- Trial experience. While most first offenses won’t go to trial, you may have few options after that. An attorney with plenty of trial experience has a better chance of getting a not-guilty verdict.
- Record. Has the lawyer you are considering previously gotten reduced charges or charges dropped for DUI clients? The best attorneys will proudly tell you about their records.
- Personality. Your lawyer is the person who can either save your future or destroy it. You should make sure that you get along with them, no matter how skilled they are.
Methodology
To come up with the best DUI lawyers in Tennessee in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Is a DUI considered to be a felony or a misdemeanor in Tennessee?
That depends on how many previous times you were convicted of a DUI. The first and second offenses are classified as misdemeanors. After that, all DUI charges are felonies. Also, if there are any aggravating factors, like causing an injury or death, driving with a child in the car or driving with a suspended license, you will be charged with a felony.
Will I still have my license revoked for refusing a blood test if I am found innocent of the charge?
Yes. Being found not guilty of a DUI charge or having the charge dropped does not exempt you from the implied consent penalty. Before refusing a blood alcohol test, you should consult with a lawyer to determine whether it is the right decision, knowing that you will lose your license for at least a year.
Can I get a DUI if I drive while under the influence of drugs other than alcohol?
Yes. If you are driving with any amount of narcotics in your system, you can be charged with a DUI. There is no minimum level for drugs that aren’t alcohol as long as the police believe you are unsafe to drive.
