If you’ve been charged with a DUI, you mustn’t wait to speak with a competent Memphis DUI defense lawyer here at Ballin, Ballin & Fishman, PC. We know just how extensively DUI convictions can impact a person’s life, and our job is to help mitigate that impact on your behalf. Contact us today to learn more about DUI charges in Tennessee and how our firm can help combat them.

Do I Need a Memphis DUI Defense Lawyer?

Have you received a DUI? If so, you’re most likely wondering whether it’s truly necessary to hire an attorney. The short answer is that without a Memphis criminal defense lawyer on your side, you will most likely face the full ramifications of a DUI conviction, which can significantly affect your life for years down the road. We are prepared to assist you today. We are on your side.

How Tennessee DUI Arrests Typically Unfold

Most people never imagine they will find themselves pulled over on an otherwise uneventful night, yet the reality is that these situations often begin with something so minor you might not even realize it happened. Maybe the officer thinks you drifted slightly within your lane, or that your turn was a little wider than it should have been, or that a bulb on your taillight gave out without warning. Whatever the spark, once those lights flash behind you, the encounter takes on a life of its own, and the steps tend to unfold in a way that can feel both fast-moving and unnervingly official. Typically, the process looks something like this:

Initial stop: The officer approaches your window, asks where you were coming from, whether you had consumed alcohol, and what you believe caused the driving behavior they observed. These questions are not casual conversation. They are designed to build a record, piece by piece.
Request to exit the vehicle: Even if you feel steady and cooperative, being asked to step out of your car often heightens the tension. It is usually the point where people sense the officer’s suspicion growing.
Field sobriety testing: You may be instructed to follow a pen with your eyes, walk in a straight line, hold a position, or follow multiple-step instructions. These tests can feel unfair because they are judged in real time, under pressure, on the side of the road, with adrenaline clouding your ability to focus.
Chemical testing: If the officer believes they have probable cause, you may be asked to submit to a breath test or, in some cases, a blood or urine test. This step is critical, because the results can dramatically shape how prosecutors choose to handle your case.
Arrest and booking: Once the officer believes they have enough to move forward, you may be handcuffed, placed in the patrol car, and transported for processing. During this stage, everything is documented, from the officer’s observations to any statements you make.

It all happens fast. It feels personal even when the officer insists it is not. Yet every single step above can be examined, questioned, and challenged when handled by the right DUI defense lawyer.

Penalties for a First-Offense DUI in Tennessee

Even for a first-offense DUI in Tennessee, you can expect to face some very significant penalties that may affect your life for months, or even years, down the road. The penalties for a first-offense DUI in Tennessee are as follows:

Anywhere between 48 hours to 11 months and 29 days in jail (at least 7 mandatory days in jail if BAC was higher than .20%)
A 1-year driver’s license revocation
A potential $1,500 fine
Mandatory participation in a drug and alcohol treatment program
Mandatory installation of the ignition interlock device in your vehicle, at your own cost

Penalties for a Second-Offense DUI in Tennessee

Once you are accused of a second DUI, you can expect that courts in Tennessee will treat you as a repeat offender. This means you can expect to face the following penalties:

Anywhere between 45 days to 11 months and 29 days in jail
A 2-year driver’s license revocation
A potential $3,500 fine
Mandatory participation in a drug and alcohol treatment program
Potential seizure/forfeiture of your vehicle
Mandatory installation of the ignition interlock device, at your own cost

Penalties for a Third-Offense DUI in Tennessee

If this is your third DUI in Tennessee, you most likely understand that you will face even harsher consequences than you ever have before. Some of the penalties for a third-offense DUI in Tennessee are as follows:

Anywhere between 120 days to 11 months and 29 days in jail
A 6-year driver’s license revocation
A potential $10,000 fine
Mandatory participation in a drug and alcohol treatment program
Potential seizure/forfeiture of your vehicle
Mandatory installation of the ignition interlock device, at your own cost

Penalties for a Fourth or Subsequent DUI in Tennessee

For a fourth or subsequent DUI in the state of Tennessee, you can expect to face the following criminal penalties:

1 year of jail time with a minimum of 150 consecutive days served
An 8-year driver’s license revocation
A potential $15,000 fine
Mandatory participation in a drug and alcohol treatment program
Potential seizure/forfeiture of your vehicle
Mandatory installation of the ignition interlock device, at your own cost

Rather obviously, no one who receives a fourth or subsequent DUI in Tennessee should proceed without the services of an experienced Memphis DUI lawyer on their side. Our firm is prepared to fight for you, every step of the way.

Refusing to Submit to Blood Alcohol Testing in Tennessee

Tennessee observes “implied consent.” Essentially, “implied consent” means that if a law enforcement officer has reasonable suspicion that someone is operating their motor vehicle while under the influence of drugs or alcohol, the officer has the legal authority to require the driver to submit to chemical testing. This can either be blood, urine, or, most commonly for alcohol-related offenses, breath tests. If you refuse to take a breathalyzer, you can expect to face some very harsh penalties. For a first offense, you will face a driver’s license revocation of one year. For a second, offense, you will most likely lose your driver’s license for two years.

Penalties for a DUI with a Commercial Driver’s License

If you operate a commercial vehicle for a living, such as an 18-wheeler, you are held to an even higher standard than drivers who do not operate commercial vehicles. For example, while you need a BAC of .08% to be arrested for a DUI in Tennessee, those with commercial driver’s licenses are only required to have a BAC of .04% to be charged with a DUI. That said, for a first-offense DUI with a CDL in Tennessee, you can expect to have your CDL suspended for one year. For a second offense, you will most likely have your CDL suspended for life, or for at least 10 years. Obviously, this can drastically impact your career and your life, which is why you shouldn’t face these charges without a Memphis DUI lawyer in your corner.

Penalties for Underage DUIs in Tennessee

When a minor is arrested for driving while intoxicated, he or she can expect to face some very serious consequences. If this was your first offense, you would face either a 1-year driver’s license suspension or a license suspension until you reach the age of 17 (whichever is longer). For a second offense, you will receive either a 2-year license suspension or a license suspension until you reach the age of 18 (whichever is longer). Though you may receive a restricted license to allow you to travel to work, school, and doctors’ appointments after a first offense, this privilege is no longer available for a second offense.

Common Defenses to DUI Charges in Tennessee

When someone is charged with a DUI, the situation can feel hopeless at first glance, as if the officer’s word and the machine’s number are the beginning and end of the story. Fortunately, that is not how Tennessee law works. DUI cases are technical, and they live or die on the details. Evidence that looks damaging in the moment may be far less reliable once it is placed under a microscope. Some of the most effective defenses involve close scrutiny of the following:

The stop itself: If the officer lacked reasonable suspicion to stop the vehicle, everything that followed may be subject to suppression. A small deviation in driving is not always enough, and courts take that seriously.
Field sobriety testing: These tests must be administered correctly, under fair conditions, and evaluated according to standardized criteria. Poor lighting, uneven pavement, nerves, or physical limitations can all undermine the conclusions an officer draws.
Chemical test accuracy: Breath machines require proper calibration and maintenance. Blood samples must be collected, handled, and stored within strict guidelines. Any break in protocol can affect the results.
Medical or physiological factors: Certain medical conditions, medications, or neurological issues can mimic signs of impairment. Even something as simple as fatigue or anxiety can affect test performance.
Officer observations and reports: Inconsistencies between what the officer wrote, what was recorded, and what actually occurred can provide a strong foundation for challenging the prosecution’s narrative.
Constitutional issues: If your rights were violated during the stop, arrest, or interrogation, key pieces of evidence may be excluded from the case entirely.

The bottom line is that DUI charges in Tennessee are not unbeatable. They are complicated, and they demand attention to detail, but that complexity works in favor of those who have experienced counsel guiding them through every turn. Each defense begins with the same question: did the officer and the State follow the rules they are required to follow? When the answer is no, your case becomes far more defensible than you may think in the stressful hours after the arrest.

Contact a DUI Defense Lawyer in Memphis, TN

The bottom line is that DUI charges can ruin some people, and no matter the specific circumstances of your DUI, you must proceed with strong legal counsel. Our firm is here to protect your rights through every step of the legal process ahead. We are here to fight for your driving privileges and your freedom. Contact a dedicated DUI defense lawyer from Ballin, Ballin & Fishman, PC today to schedule your free initial consultation with our firm.