Claiborne Ferguson is THE Memphis DUI lawyer, with his practice, the Claiborne Ferguson Law Firm in Memphis, Tennessee, devoted to DUI defense and capital murder cases. Both require a vast knowledge of science and law, which is why he has extensive training in both areas. Here, he talks about the ins and outs of a felony DUI.
Every state has a set number of DUIs that are misdemeanors. Exceed that number and you will find yourself a convicted felon subject to all of the loss of civil liberties associated with a felony conviction, including possibly losing your right to vote or your right to possess or carry a weapon or firearm.
Here in Tennessee, a fourth offense DUI is a felony conviction which could carry up to six years in jail. In Mississippi and Arkansas, a third offense DUI is classified as a felony conviction. So Tennessee has more relaxed laws. However, in my experience, once you get two DUIs, you are well on your way to getting four, which is why a good attorney will attempt to get you into some form of alcohol or drug rehabilitation as early as possible to protect you from the harsh consequences of a felony conviction.
Rehabilitation Programs
Some states like Tennessee will actually pay for your alcohol and drug rehab at the second offense in an effort to keep you from becoming a repeat offender and a convicted felon. We would always recommend that you take every advantage of alcohol and drug rehab that you have at your disposal to protect yourself from the potential loss of your civil liberties.
Some people see a stigma attached to that. We always remind them that the stigma should be attached to having no ability to stop yourself from drinking to the point of impairment and placing yourself and others at the risk of death and serious bodily injury as well as potentially spending the next six years of your life in jail.
In-Patient Facility
Some states will even allow you to use the time you spend in an in-patient rehab facility to account for some of your mandatory jail sentence. For example, in Tennessee a second offense conviction, which carries a mandatory sentence of 45 days in jail, will allow you jail credit for up to 28 days of in-patient drug and alcohol treatment. That will leave you only 17 days to serve in jail.
A good DUI defense attorney will always tell clients that getting the right drug and alcohol rehab is vital, not only to stop you from drinking or taking drugs in future and putting other’s lives at risk, but also to avoid spending as much time in jail as possible.
