Archive for category Frequently Asked Questions
Underage Consumption: What a Headache.
Posted by Arrin Zadeh in criminal offense, Criminal Record, Frequently Asked Questions, Legal Rights on March 7th, 2024
As most folks should know, if you are under the age of 21 you are not allowed to consume alcohol in Tennessee (and all other states in the U.S.). In fact, an underage person who has been drinking or is in possession of alcohol could find themselves in trouble not only criminally, but also academically. The days of college kids getting a “slap on the wrist” for underage consumption are gone. Getting caught underage drinking, at a bar or elsewhere, and being asked to leave/safely get home is no longer the norm. More and more underage individuals are being arrested for drinking underage and the consequences are much more serious than just a headache from a bit too much to drink.
Under Tennessee law, an offense of Underage Consumption is codified in T.C.A. § 1-3-113. The code sets out that if one is underage (under 21 years of age) and that person is arrested or cited for drinking/possessing alcohol (among several things), the punishment can be up to 11 months and 29 days in jail, if convicted. This means the offense of Underage Consumption is a Class A Misdemeanor, the most serious class of Misdemeanor Offense in Tennessee. Additionally, the individual faces up to a $2,500 dollar fine. In some cases, the person could lose their driving privileges up to one year.
Aside from the legal punishments, if the individual is in school (high school or college) and charged with Underage Consumption of Alcohol, they can also face academic consequences (such as: probation, loss of scholarship, or expulsion). Depending on the circumstances, the individual’s academic record could be tainted and could lead to difficulties graduating or being accepted into a competitive graduate school program.
As the reader can tell, drinking underage can lead to more than just a headache from the hangover. This offense can lead to major difficulties for that individuals’ future (criminally and academically).
A knowledgeable and well-versed lawyer may be able to help not only avoid a conviction for this offense but be able to erase it from the individual’s public criminal history. The lawyers at Oberman and Rice are willing and able to help with such a situation. The Oberman and Rice Law Firm is located only a few minutes from the University of Tennessee-Knoxville and deals with many of these types of alcohol violations (and academic situations). Our lawyers are available 24 hours a day if you or a loved one needs help and/or information to preserve their future because of an underage drinking charge. The Oberman and Rice Law Firm may be reached by calling (865) 249-7200.
New DUI Law Alert–Work Release Requirement Update
Posted by Sara Compher-Rice in Court Procedures, criminal offense, DUI Penalties, Frequently Asked Questions, Tennessee DUI Laws, Tennessee DUI News on January 8th, 2024
The Tennessee Legislature passed several new laws that are scheduled to take effect on January 1, 2024. The second DUI related law we are highlighting involves the Tennessee Work Release Program. Work release is a form of probation that may be used, in certain circumstances, after a person has served their mandatory minimum sentence. In fact, many DUI offenders are precluded from work release programs, which allow offenders to leave the detention facility at scheduled times to attend work. Beginning January 1, 2024, Tennessee criminal offenders who are accepted into a work release program have additional restrictions.
Under this new law, “beginning January 1, 2024, a prisoner of a county workhouse or jail who is released from custody on work release or otherwise allowed to leave the grounds of the county workhouse or jail for employment or to perform work in the community, whether the work is paid or unpaid, must use an electronic monitoring device at all times when the prisoner is not on the grounds of the county workhouse or jail.” Tennessee Code Annotated § 41-2-152. Additionally, the entity employing the offender is responsible for all costs associated with the electronic monitoring device.
Should you have any questions relating to a DUI arrest in Tennessee or about the requirements under Tennessee DUI laws, the lawyers at Oberman & Rice are available to speak with you at (865) 249-7200. You may learn more about Tennessee Driving Under the Influence laws by visiting www.tndui.com.
New DUI Law Alert–Ignition Interlock Device Update
Posted by Sara Compher-Rice in Frequently Asked Questions, Ignition Interlock Device, Tennessee Driver's License, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News on January 1st, 2024
The Tennessee Legislature passed several new laws that are scheduled to take effect on January 1, 2024. Very few of the new Tennessee laws impact those accused of driving under the influence (DUI). The next two blog posts will highlight these new DUI related laws.
Beginning 1/1/24, all Ignition Interlock Devices (IIDs) must employ GPS technology that will geotag the vehicle’s location when the following occurs:
- The driver performs the initial startup test on the IID
- The driver is required to randomly retest
- The driver skips a test required by the ignition interlock device
- A circumvention of the ignition interlock device is detected
The law does require, however, that the GPS not continuously track the location of the vehicle.
Should you have any questions relating to a DUI arrest in Tennessee or about the requirements under Tennessee DUI laws, the lawyers at Oberman & Rice are available to speak with you at (865) 249-7200. You may learn more about Tennessee Driving Under the Influence laws by visiting www.tndui.com.
What Is An Ignition Interlock Device?
Posted by Sara Compher-Rice in Frequently Asked Questions, Ignition Interlock Device, Tennessee Driver's License on December 30th, 2020
Tennessee law requires the use of an Ignition Interlock Device (“IID”) for most motorists upon conviction of Driving Under the Influence (“DUI”). The requirement of an IID generates many questions for TN motorists. Primary among the questions is: What is an Ignition Interlock Device?
Tennessee Department of Safety and Homeland Security High Patrol Division Rule 1340-03-06-.02 defines an Ignition Interlock Device as “a device that is designed to allow a driver to start a vehicle if the driver’s [Breath Alcohol Concentration (“BrAC”)] is below the set point and to prevent the driver from starting the vehicle if the driver’s BrAC is at or above the set point.”
An IID is essentially a breath alcohol test device that requires a driver to register a breath test sample not only prior to starting the vehicle, but also periodically while operating the vehicle, to verify that the driver’s breath alcohol concentration remains below a preset level. Tennessee law requires Ignition Interlock Devices be calibrated to a setting of .02%. Accordingly, should the driver register at or above .02%, the IID will prevent the vehicle from being started.
In the coming weeks, this blog will address additional questions surrounding the Tennessee IID requirements, including, but not limited to: When is an IID required? Is an IID mandated even when a DUI conviction does not involve alcohol? What procedures must be met to have an IID removed from a motorists’ vehicle? What are the consequences an Ignition Interlock Device violation?
In the meantime, should you have any questions relating to a Tennessee DUI arrest, the lawyers at Oberman & Rice are available to speak with you at (865) 249-7200.
TDOS Offers New Online Features for License Reinstatement
Posted by Sara Compher-Rice in Driver License Reinstatement, Frequently Asked Questions, Tennessee Driver's License, Tennessee DUI News on December 3rd, 2020
On December 2, 2020, the Tennessee Department of Safety (TDOS) announced new online services available for those with suspended or revoked driver licenses. Although not available for all drivers, many can now complete the entire reinstatement process without visiting a Driver Service Center in person. In addition to the online option, TDOS also offers the use of self-service kiosks and iPads at Driver Service Centers. However, TDOS notes that not all drivers are eligible to use online, self-service kiosk, or iPad for driver license reissuance. If you are not able to complete the reinstatement process online, you will be required to visit a Reinstatement Center.
One component of reinstating a driver license using online is the submission of the required compliance documents. The required documentation is dependent upon the cause of the license revocation (e.g., Driving Under the Influence, Implied Consent Violation, Failure to Satisfy a Traffic Citation, Failure to Show Proof of Financial Responsibility, etc.). A list of the violations that trigger license revocation and the corresponding reinstatement requirements can be found here: https://www.tn.gov/safety/driver-services/reinstatements.html#Compliance. Likewise, a list and description of the compliance documents can be found here: https://www.tn.gov/safety/driver-services/reinstatements.html#Compliance.
Detailed information about how to pay reinstatement fees and how to submit the required compliance documents can be found by visiting: https://www.tn.gov/safety/driver-services/reinstatements.html#Compliance. A review of our prior blog post, TN Driver License Reinstatement—Navigating the TDOS Website, may be helpful when accessing the online services.
Should you or a loved one need legal assistance with your Tennessee Driver’s License or the Reinstatement process, our attorneys at the Oberman & Rice Law Firm are available to assist you and may be reached by calling (865) 249-7200.
TN Driver License Reinstatement—Navigating the TDOS Website
Posted by Sara Compher-Rice in Driver License Reinstatement, Frequently Asked Questions, Tennessee Driver's License, Uncategorized on November 20th, 2020
Are you unsure of the status of your Tennessee Driver’s License? Is your license eligible for reinstatement but you don’t know where to begin? The Tennessee Department of Safety website is actually a valuable tool to help get these answers–and more!
You can log in to the Tennessee Department of Safety E-Services to access information relating to your driver’s license at https://dl.safety.tn.gov/_/.
![](https://www.tnduicenter.com/wp-content/uploads/2020/11/TDOS-Log-In.jpg)
Once you log in, you can access a variety of online services, including a list of reinstatement requirements and the ability to pay reinstatement fees.
![](https://www.tnduicenter.com/wp-content/uploads/2020/11/TDOS-Online-Service-Directory-1.jpg)
You can click on “Reinstatement Requirements” to access a document that outlines the exact steps needed to reinstate your Tennessee Driver’s License. An example of this document is included below:
![](https://www.tnduicenter.com/wp-content/uploads/2020/11/Reinstatement-Requirements-Letter-791x1024.jpg)
If you need legal assistance with your Tennessee Driver’s License, you may contact one of the attorneys at Oberman & Rice by calling (865) 249-7200.
THP set to combat distracted drivers with “Operation Incognito”
Posted by Arrin Zadeh in Court Procedures, criminal offense, Driver License Reinstatement, Frequently Asked Questions, Legal Rights, Tennessee Driver's License, THP, Traffic Citations, Traffic Ticket, Uncategorized on November 13th, 2018
Drivers on the roads throughout Tennessee who are preparing for the Holiday Season need to be mindful as the Tennessee Highway Patrol initiates “Operation Incognito”. The campaign started on November 11 and plans to run through November 17.
The initiative’s goal is to combat distracted driving (texting while driving, etc.) on the roads of Tennessee. As THSO Director Vic Donoho states, “The primary focus of Operation Incognito is to reduce distracted driving, serious injury traffic crashes, and fatalities.” Additionally, THSO Director Vic Donoho goes on to say that some secondary goals of “Operation Incognito” will be for the Tennessee Highway Patrol to saturate construction zones and attempt to increase driver’s awareness for utility maintenance zones.
The DUI defense lawyers at Oberman & Rice are always willing to help those who may receive any traffic citations during the Operation Incognito campaign and beyond. Traffic violations (if convicted) can add points to your driver’s license and cause your insurance premiums to skyrocket. Before you pay off a traffic citation and receive a conviction, it is important to discuss with a lawyer any potential penalties and consequences. Please review our website for more information or call us with questions at (865) 249-7200. Our lawyers are available 24/7.
Tennessee Highway Patrol Planned Checkpoint For Labor Day 2018
Posted by Arrin Zadeh in Boating Under the Influence (BUI), Breath, Chemical (Blood, criminal offense, DUI Penalties, Field Sobriety Tests, Frequently Asked Questions, Horizontal Gaze Nystagmus Test, Legal Rights, One Leg Stand Test, Tennessee DUI Checkpoints, Tennessee DUI Chemical Tests, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News, Tennessee DUI Penalties, Tennessee Traffic Violations, Walk and Turn Test on August 27th, 2018
Motorists in Knoxville need to be mindful during the upcoming Labor Day Weekend while driving to the lake or local pools to celebrate the “unofficial” end of summer. Tennessee Highway Patrol troopers will be out in force this Labor Day weekend ensuring that motorists are not driving while impaired or committing traffic violations.
The 2018 holiday enforcement period begins Saturday, September 1, and will include a sobriety checkpoint at East Emory Road at Longmire in Knox County, Tennessee. Other checkpoints are scheduled throughout September for the East Tennessee area. For a list of all planed checkpoints in September please click here.
The DUI defense lawyers at Oberman & Rice are always willing to help those who may be falsely accused, but we’d prefer that the readers of this blog not place themselves in a position to be suspected of driving under the influence of an intoxicant. Please review our website for more information or call us with questions at (865) 249-7200.
Fourth of July Holiday and Fireworks
Posted by Arrin Zadeh in criminal offense, Criminal Record, Frequently Asked Questions, Legal Rights on June 28th, 2018
With the Fourth of July Holiday quickly approaching, it is important to take a step back from the lake adventures and cookouts to think of our great country and how many of our forefathers fought and persevered for our country’s Independence around 242 years ago. As with every Fourth of July Holiday, the city of Knoxville will have a celebration (rain or shine) that culminates with Fireworks (free to the public) starting around 4:00 p.m. and the Fireworks to be deployed around 9:45 p.m. Information regarding the celebration may be found here.
All of us love fireworks (except for maybe our four-legged family members). Please remember that the City of Knoxville prohibits the possession, transportation, storage, manufacture, sale, handling and discharge of fireworks without a permit from the Fire Marshall (See the Knoxville Tennessee City Code of Ordinances, Section 11-5 through 11-7). Furthermore, violation of this City Ordinance is a Misdemeanor with a fine of up to $500.00 and/or 30 days in jail for each separate offense (See the Knoxville Tennessee City Code of Ordinances, Section 1-9; General penalty- continuing violations). In other words, shooting (even simply handling) fireworks without a permit in the City of Knoxville can lead to criminal prosecution that may result in a criminal conviction on your criminal public record that may hinder your ability to obtain a job or your ability to receive a scholarship for college/higher education. Additionally, Knox County (outside the city limits of Knoxville) does not allow the shooting/possession of fireworks.
The criminal defense lawyers at Oberman & Rice are always willing to help those who have been arrest or cited for a criminal offense. Our lawyers are available 24/7 to answer questions regarding an arrest or citation for any criminal offense. Please review our website for more information or call us with questions at (865) 249-7200.
How Do I Reinstate My Tennessee Driving Privileges?
Posted by Steve Oberman in Driver License Reinstatement, Frequently Asked Questions, Tennessee Driver's License on October 25th, 2016
Tennessee residents who have had their driving privileges revoked or suspended because of a Driving Under the Influence conviction (or because of other traffic issues) often want to know the steps required to reinstate their Tennessee driving privileges. There is no “one-size-fits-all” answer, however, because the requirements are unique for each individual and depend on the circumstances of the revocation or suspension.
Fortunately, the State of Tennessee has made it quite easy to answer this question. By visiting the following website and entering certain key information (last name, date of birth, Tennessee driver license/I.D. number, and Social Security Number), Tennessee residents may discover the individual requirements that they need to satisfy before the Department of Safety will reinstate their driver license. This website allows individuals to not only discover the reinstatement requirements if their driving privileges have been revoked, but one may also add an emergency contact to their license, order a duplicate license, document a change of address, or even obtain a driving history.
The Oberman & Rice law firm often deals with issues involving Tennessee driver licenses, often relating to Tennessee DUI offenses or other traffic issues. Should you have any legal issues regarding your Tennessee driver license, our attorneys, Steve, Sara, and A.Z. are available to speak with you and can be reached by calling (865) 249-7200.
DUI by Prescription Medication
Posted by Sara Compher-Rice in Frequently Asked Questions, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News on February 10th, 2015
One of the most common misconceptions in Driving Under the Influence cases is that a person cannot be convicted of driving under the influence of a drug that prescribed to that person. In Tennessee, driving with prescription medication in one’s system is not a defense to Driving Under the Influence (DUI).
Under Tennessee law it is unlawful for any person to drive or be in physical control of a motor vehicle while “Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise possess.” Tennessee Code Annotated § 55-10-401(1). Tennessee law further specifies that, “The fact that any person charged with violating § 55-10-401 is or has been entitled to use one (1) or more intoxicants, alcohol, marijuana, controlled substances, controlled substance analogues, drugs, or other substances that cause impairment shall not constitute a defense against any charge of violating this part.” Tennessee Code Annotated § 55-10-411(e).
Driving under the influence of drugs (both illicit drugs and prescription medication) is reported to be on the rise, as recently highlighted in The Washington Post. Two recent reports from the National Highway Traffic Safety Administration (NHTSA) claim that the incidents of driving under the influence by alcohol (drunk driving) are down, but there has been an increase of cases involving those driving under the influence of marijuana and prescription drugs:
The 2014 survey found that about 8 percent of people on the road on weekend nights had alcohol in their system, and slightly more than 1 percent were above the legal limit. That was 30 percent below the 2007 figure, NHTSA said, and an 80 percent drop since the first survey was taken in 1973.
But the number of people with drugs in their system was found to be on the rise. It jumped from 16.3 percent in 2007 to 20 percent of weekend nighttime drivers in 2014. Drivers with marijuana in their system soared by almost 50 percent.
See Ashley Halsey III, Fewer People Driving Drunk, But Drug Use On The Road Is Rising, The Washington Post (Feb. 8, 2015), available at http://www.washingtonpost.com/local/trafficandcommuting/fewer-people-driving-drunk-but-more-are-driving-while-on-drugs/2015/02/08/b6c4ad2a-ae59-11e4-9c91-e9d2f9fde644_story.html.
If accused of driving under the influence of drugs (DUI by drugs), it is important to immediately consult with a Tennessee DUI attorney familiar with Tennessee DUI laws and the issues surrounding DUI by drugs or prescription medication. For more information about the crime of DUI or about your legal rights with respect to an allegation of driving under the influence of an intoxicant, the lawyers at Oberman & Rice are available by calling (865) 249-7200. You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.
Impact of Out of State Convictions in Tennessee
Posted by in Court Procedures, Criminal Record, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Penalties, Uncategorized on April 3rd, 2013
The internet and electronic record keeping has led to the end of a time when what “happened in Vegas, stayed in Vegas.” Similarly, criminal convictions from a distant state may no longer be ignored after a person moves away from that state. As law enforcement, court clerk’s offices, and agencies responsible for drivers licenses continue to store and share information electronically, a person’s criminal history is increasingly likely to follow him or her across state lines.
For example, a prior DUI conviction from another state may significantly increase potential penalties and the outcome of a Tennessee DUI case, just as would a prior Tennessee DUI conviction. State and federal agencies are increasingly accurate and reliable in their effort to report crimes to the National Crime Information Center (NCIC). By accessing the NCIC, any state or federal prosecutor may quickly review an individual’s entire criminal history, including charges that have been dismissed.
Prior charges and convictions may negatively impact pending DUI litigation. As a result, it is imperative that anyone facing criminal charges fully disclose these charges to their Tennessee Defense Attorney, even if the prior charges have been dismissed and expunged.
Please contact our office to find out more about convictions in other states and how to address them as part of a DUI defense strategy. You may contact our Tennessee DUI defense lawyers, Steve and Sara by calling (865) 249-7200.
Tennessee Driver License Reinstatement and Driving History
Posted by Sara Compher-Rice in Driver License Reinstatement, Frequently Asked Questions, Tennessee Driver's License on February 7th, 2013
We are often asked how to obtain information from the Tennessee Department of Safety (TDOS) for driver license reinstatement (e.g. following a revocation for a Tennessee DUI conviction). While one could certainly call the TDOS at 1-866-903-7357, the easier course of action is to check the status of a Tennessee driver license by visiting the TDOS website. This is a wonderful resource for Tennessee residents whose driver license is revoked or suspended, however the following information is required to process a request: ; Last Name; Last Four (4) Digits of your Social Security Number; and Date of Birth.
A related question is: how do I obtain a copy of a Tennessee Driver Record/Driving History/Motor Vehicle Record (also referred to as Tennessee MVR) online? Tennessee does provide an option to obtain this report online. A person may also obtain a copy of their MVR by visiting a full service Driver Service Center, a list of which can be viewed by clicking here. The following information on obtaining a copy of one’s driving record comes from the Tennessee Department of Safety website:
You will need the following when requesting your record:
- Name
- Date of Birth
- Driver License Number
If you want someone else to obtain a copy of your MVR for you, you must submit a notarized statement authorizing that person to obtain the record.
You may also obtain a copy of your driver record (also called a motor vehicle record or MVR) by mailing your request to:
Tennessee Department of Safety
MVR Request
PO BOX 945
Nashville, TN 37202
There is a $5.00 charge for a copy of a three-year driver record. A cashier’s check or money order should be made payable to the Tennessee Department of Safety. If mailing, allow two weeks from the mailing date to receive the driver record. The federal Driver Privacy Protection Act (DPPA) prohibits the release of personal identifying information from driver license and vehicle registration records unless an individual submits a form requesting their records be open.
The Oberman & Rice law firm often deal with issues surrounding Tennessee driver licenses, relating to Tennessee DUI offenses, as well as other traffic issues. Should you have any legal issues surrounding your Tennessee driver license, our attorneys, Steve and Sara are be available to speak with you and can be reached by calling 865-249-7200.
Will I be able to rent a car after a DUI conviction?
Posted by in DUI Penalties, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Penalties, Uncategorized on January 17th, 2013
Many people are unaware of the many collateral consequences of a DUI conviction. One generally understood consequence of a conviction for Driving Under the Influence, First Offense, in Tennessee is the loss of a driver license for one year. Even though a restricted driver license may be obtained for many people convicted of a DUI, First Offense, a restricted driver license will typically not suffice to rent a motor vehicle. Most, if not all, national rental agencies require a renter to provide a valid driver license. Therefore, the possibility of renting a car will not be an option for at least a year after a conviction for Driving Under the Influence in Tennessee.
Even after the Tennessee driver license reinstatement of someone convicted of DUI, the ability to rent a car may be limited due to insurance concerns. Individual rental companies may respond differently to a prior DUI conviction. Therefore, the best course of action would be to contact a sales representative before a rental car is reserved online and relied upon for transportation. Higher rates, travel restrictions, and special insurance may be required to rent a vehicle, so it makes sense to shop around and compare policies and rates.
Please click here for additional information about the collateral consequences (other consequences) of a DUI conviction. An experienced Tennessee Defense Lawyer should be consulted about all of the possible consequences of a Driving Under the Influence conviction. Steve and Sara are available to answer questions about the consequences of a Tennessee DUI and may be reached by calling 865-249-7200.
Increased Roadway Patrols for Holiday Season
Posted by Sara Compher-Rice in Frequently Asked Questions, Legal Rights, Tennessee DUI Checkpoints, Tennessee DUI News on December 21st, 2012
For many, alcohol consumption is an integral part of holiday celebrations. As a result, law enforcement often increases patrols and enforcement for impaired drivers. In fact, the Tennessee Highway Patrol (THP) has announced plans to “step up enforcement,” that includes “saturation patrols, bar and tavern checks, and driver license and sobriety checkpoints.” Please click here for more information on the 2012 THP Holiday Enforcement efforts.
If your holiday celebration includes alcohol consumption, it is important to understand how your consumption may impair your ability to drive. Oberman & Rice encourages you to celebrate safely and be certain to have a designated driver who is not drinking alcohol or taking any medications or drugs. Be prepared with contact information for cab companies. AAA even offers a unique “Tow to Go” program as a last resort for impaired drivers. Subject to availability, a AAA tow truck will tow and you and your vehicle to a safe location within a 10-mile radius at no cost.
It is also important that you know your rights, as well as Tennessee law relating to DUI. For instance, under certain circumstances, you may be arrested for DUI while in a parked vehicle, even if you have not driven the vehicle. Further, should you conclude that you are not too impaired to operate a vehicle, a law enforcement officer may reach a different conclusion. Should you be suspected of driving under the influence of alcohol or another intoxicant, you may find yourself with questions relating to the Tennessee DUI laws, such as:
- Am I required to take the field sobriety tests?
- Do I have a legal right to refuse a breath or blood test (chemical test)?
- Do I have a right to select between a blood or breath test?
- Do I have a right to consult with my lawyer prior to taking field sobriety tests or a chemical test?
- Do I have a right to obtain my own blood alcohol test?
We would encourage you to visit our website at http://www.tndui.com/faqs.php for the detailed answers to these and many other frequently asked questions relating to a TN DUI traffic stop. Feel free to also call Steve or Sara with any questions at 865-249-7200.
Could I be charged after the fact if my friend got a DUI in my car in which I was a passenger?
Posted by in Court Procedures, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws on October 26th, 2012
Law enforcement officers investigating a potential crime make important decisions about who to arrest. At the scene of a suspected DUI an officer may decide to arrest and charge both the driver and passenger of a vehicle with the offense of Driving Under the Influence. Depending on the circumstances, an officer may choose to only arrest the driver of the vehicle if the officer suspects DUI.
The state prosecutor, however, is not required to follow the officer’s decisions. After an arrest is made, a prosecutor may learn of additional facts, like the ownership of the vehicle involved in the crime. In response to this knowledge, a prosecutor may issue additional arrest warrants for uncharged defendants or increase the severity of the charges.
In most DUI cases, the prosecutor has one year from the date of the offense to bring charges – the statute of limitations for Tennessee misdemeanor offenses. For more serious DUI-related offenses involving multiple offenses, bodily injury, or death, the prosecutor may take up to 15 years to bring charges.
The criminal defense attorneys at Oberman & Rice are able to provide advice and counsel both before and after arrest. Should you have any questions about a Tennessee DUI issue, you may contact Steve and Sara by calling (865) 249-7200. Our Tennessee DUI website, provides additional information about the crime of DUI and its associated penalties.
[Source: Tenn. Code Ann. § 40-2-101 & § 40-2-102]
Can I be convicted of DUI when in a parked vehicle?
Posted by in Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Information, Tennessee DUI Laws on September 26th, 2012
Yes. In Tennessee, it is possible to be convicted of a DUI while sitting in a parked vehicle with or without the engine running. According to Tennessee DUI law, a state prosecutor need only prove that an impaired person was “in physical control” of an “automobile or motor driven vehicle” in order to obtain a conviction. Court decisions in Tennessee have confirmed that a person, in a parked car, with the keys in the ignition, may be convicted of a DUI.
However, the DUI law in Tennessee does not assure that the state prosecutor will succeed in such a case. A person is not ‘automatically’ guilty when found in a vehicle with the keys in the ignition. A Tennessee DUI attorney should investigate the location of arrest, actions of law enforcement, and any proof of impairment in order to find additional weaknesses in the prosecutor’s case.
Regardless of a defendant’s location and circumstances, everyone accused of a DUI should consult with a DUI attorney as soon as possible. If you have questions about the facts of a case, Steve and Sara are ready to help you. You may reach all of our attorneys by calling (865) 249-7200.
[Source: T.C.A. 55-10-401]
The New Implied Consent Violation Restricted Driver’s License
Posted by Sara Compher-Rice in Frequently Asked Questions, Ignition Interlock Device, Tennessee Driver's License, Tennessee DUI Laws on July 13th, 2012
As discussed in a prior post, The Implied Consent Violation Restricted Driver’s License, we are often asked: Can a motorist, whose license is revoked due to an implied consent violation, receive a restricted TN driver’s license without geographic restrictions if he installs an ignition interlock device? Thanks to a new Tennessee DUI law, effective July 1, 2012, some motorist will be able to obtain a restricted driver’s license without geographic restrictions in this instance. Tennessee law now permits a judge to order an ignition interlock device for the Tennessee Implied Consent Violation restricted driver’s license. It must be noted, however, that the judge further has the discretion to require both an ignition interlock device and geographic restrictions.
If you would like more information about Tennessee DUI Laws, the Tennessee Implied Consent Violation (also known as a chemical test refusal), or a Tennessee Restricted Driver’s License, feel free to contact our office at (865) 249-7200. You may also wish to visit our websites to learn more about driving under the influence in Tennessee, or about the Oberman & Rice law firm.
Tennessee Laws Get Tougher
At least two Tennessee laws have made it more difficult to defend persons accused of driving under the influence and, in another change, the DUI penalty when accompanied by someone under the age of 18 has increased.
The 2012 Tennessee Legislature amended Tennessee Code Annotated § 55-10-406, also known as the Implied Consent Law. This law applies when an officer requests the suspect to submit to chemical testing (blood, breath, or urine). The amendment clarified that an individual may be compelled to submit to a chemical testing if the testing is mandated by:
- A Court Order;
- A search warrant; or
- When a law enforcement officer has probable cause to believe that a driver of a motor vehicle involved in an accident resulting in the injury or death of another is guilty of vehicular homicide, aggravated vehicular homicide, or DUI.
The Legislature also amended Tennessee Code Annotated § 55-10-402 to clarify that no defense to DUI exists when a person is under the influence of an intoxicant even if they are entitled to lawfully use the substance/intoxicant.
Moreover, the penalty for a person convicted of DUI who was accompanied by a person under the age of 18 was enhanced. It now requires a mandatory minimum period of 30 days in jail and a mandatory minimum fine of $1,000.00. This law, which amended Tennessee Code Annotated § 55-10-403, states that the incarceration enhancement must be served in addition to, and at the conclusion of, any jail time and fine otherwise imposed for the underlying DUI offense. Likewise, the fine enhancement must be in addition to any fine imposed by law as a result of the Tennessee DUI conviction.
Laws such as these emphasize the importance of hiring a Tennessee lawyer who is educated about the newest laws and prepared to aggressively defend you. Too many people are wrongfully accused of driving under the influence and related charges. If you would like further information about these laws, or your case, you may contact the Oberman and Rice Law Firm at (865) 249-7200.
You May Be Eligible to Have Your Tennessee Criminal Conviction Erased
Posted by in Court Procedures, Criminal Record, Expungement, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Information, Tennessee DUI News, Uncategorized on May 24th, 2012
Under a new Tennessee law, signed by Governor Haslam on May 21, 2012, individuals with a Tennessee criminal conviction may now be eligible to have these convictions expunged (or erased) from their Tennessee criminal history. If you believe your Tennessee criminal conviction may now be expunged, you may contact our office at 865-249-7200 for more information and/or for assistance with the Tennessee expungement process. Additional information can also be found by visiting www.eraseyourrecord.com.
The Top 10 Things to Know about the New Expungement Law:
- Tennessee Code Annotated, Section 40-32-101(g) – The New Expungement Statute – ONLY applies to Class E Felonies and Misdemeanors, but does not apply to all Class E Felonies and Misdemeanors.
- To find out if you or someone you know is eligible to have a conviction expunged and removed from a criminal record, please contact our office at 865-249-7200.
- Read the rest of this entry »
Would you want your blood taken by someone not certified to do so?
Posted by Steve Oberman in Chemical (Blood, Chemical Tests, Frequently Asked Questions, Legal Rights, Tennessee DUI Chemical Tests, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News on March 7th, 2012
In 2012 Senate Bill 2787, Senator Brian Kelsey, a Republican from Germantown (part of Shelby County), has sponsored a bill allowing a person who is “properly trained,” but not necessarily certified to draw the blood of a person suspected of DUI to determine alcohol and/or drug content. What should concern Tennessee citizens is that this bill removes the requirement found in current law (T.C.A. Section 55-10-410 which deals with drawing blood in driving under the influence/implied consent violation situations) that the person drawing the blood shall be:
A registered nurse, licensed practical nurse, clinical laboratory technologist, clinical laboratory technician, licensed emergency medical technician, licensed paramedic or, notwithstanding any other provision of law to the contrary, licensed emergency medical technician approved to establish intravenous catheters, technologist, or certified and/or nationally registered phlebotomist or at the direction of a medical examiner or other physician holding an unlimited license to practice medicine in Tennessee under procedures established by the department of health.
Remarkably, there are no provisions in this bill detailing the amount of training or even requiring that the person drawing the blood pass a proficiency test. Nor are there provisions requiring a judge to determine that probable cause (the legal grounds required for arrest) exists before the blood is taken from the body.
While I am certainly far from a health care professional, I have had substantial experience as a non-certified phlebotomist when I worked in a hospital blood laboratory, albeit about 35 years ago. I am aware of some of the potential complications from an improper blood draw such as thrombophlebitis, infection, damage to blood vessels, hematoma/bruising, and damage to the nerves near the venipuncture site.
Moreover, the proposed law gives no consideration to the fact that the officer may suffer from a contagious disease, is working in poor lighting conditions, or may be distracted by law enforcement duties during the blood draw. If a medical condition occurs during a blood draw—the criminally accused would have no immediate access to a healthcare provider for treatment. In some situations, such as infection, the symptoms, etc. may manifest long after the actual blood draw.
Not surprisingly, the proposed law provides that the person drawing blood shall not incur any civil or criminal liability as a result of drawing the blood, except for damages that may result from negligence. This means that a law enforcement officer with minimal training would be allowed to draw blood from a suspect with their arm on the hood of the police vehicle or similar unsterile environment. This could be done without supervision from any other person, opening the door to abuse and negligence that would be difficult to prove except in a rare circumstance where the invasion of one’s body would be documented by video.
In 2006, Ann Japenga, a reporter for the New York Times, wrote about her debilitating injury that, after much suffering, was determined to have been caused by the needle going through her vein and causing dangerous but invisible bleeding into her arm. The injury, caused by a phlebotomist in her doctor’s office, required surgery “to prevent permanent loss of the use of [her] arm, as well as a condition called “claw hand” that causes your digits to curl up like a sea anemone.” The full article can be accessed here: http://www.nytimes.com/2006/05/30/health/30case.html.
Simply allowing the injured party to sue for negligence, as Senator Kelsey proposes, is not an appropriate remedy. This type of case would have limited allowances for recovery. With few exceptions, Tennessee law limits recovery against governmental entities to the amount of $300,000.00 pursuant to The Governmental Tort Liability Act. Furthermore, this type of recovery would likely require the services of a civil lawyer who would (and should) charge a fee for his or her services. Accordingly, the injured party would likely receive less than two-thirds of a recovery after attorney fees. Moreover, expert fees, deposition costs and other trial expenses would have to be borne by the injured party.
If you have ever had a medical professional who is certified to draw your blood need to “stick” you on several occasions to obtain a sufficient sample, you can only imagine the type of abuse a suspect would receive from an uncertified law enforcement official. I urge you to contact your Legislator to vote against this bill.
It is also most interesting that Senator Kelsey is sponsoring another bill making it a crime that carries a penalty of up to 30 days in jail for a law enforcement officer to unlawfully install a tracking device on a person or object (2012 Senate Bill 3046). If he doesn’t trust a police officer to comply with a citizen’s right to privacy, how in the world would he expect an officer not to abuse a suspect when they stick a sharp object into their arm or other part of their body?
The lawyers at Oberman & Rice frequently monitor pending legislation that impacts the criminally accused, paying particular attention to those involving Tennessee DUI cases. Should you have any questions about a Tennessee DUI issue, you may contact Steve, Sara, or Nate by calling (865) 249-7200. You may also wish to review our website for additional information about Tennessee DUI Laws by clicking here.
How long can a person go to jail for a Tennessee DUI?
Posted by Sara Compher-Rice in Court Procedures, DUI First Offense Penalties, DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI Penalties on March 6th, 2012
The number of prior DUI convictions in a defendant’s past significantly affects the amount of jail time a defendant may expect to serve if he or she is convicted of a Tennessee DUI. It is important to note that the prior convictions need not be from Tennessee. Even out of state DUI convictions can be used against a person accused of committing a Tennessee DUI offense.
Tennessee DUI law requires minimum amounts of jail time to be served for all DUI convictions. If a defendant is convicted of a DUI, the judge MUST sentence that defendant to the minimum amount of time established by Tennessee DUI law, ranging from 48 hours in jail up to 150 days in jail, depending upon the offense. On the other hand, the judge may sentence a defendant to more than the mandatory minimum amount of time – this is more likely to occur with multiple convictions. Please visit our website for a full list of penalties for DUI convictions.
TN DUI lawyers know that any time in jail causes a major disruption in a person’s life, which is why anyone charged with DUI in Tennessee should consult with a Tennessee DUI attorney as soon as possible. If you have questions about your Tennessee DUI charge and associated penalties, our lawyers are available to assist you. Sara, Steve, or Nate will be happy to speak with you at (865) 249-7200.
Is it possible to fight a blood or breath test in a DUI case?
Posted by in Breath, Chemical (Blood, Chemical Tests, Court Procedures, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Chemical Tests, Tennessee DUI Information on February 29th, 2012
A Tennessee DUI lawyer should never take a chemical or breath test at face value. Different testing procedures are used across Tennessee to determine the amount of alcohol in a driver’s blood. Some Tennessee law enforcement agencies choose to draw blood from a DUI suspect, others use a breath test, and some even obtain a urine sample for analysis.
No matter what testing mechanism is used, the tests are not foolproof. Machines malfunction. Like a toaster, dishwasher, or hair dryer, machines wear down and break over time. Devices that collect and analyze blood, breath and urine are no different. Some machines and methods are less reliable than others. The tests are further subject to error by those persons involved in the collection and analysis processes.
A Tennessee DUI attorney should be familiar with the different tests and machines used in Tennessee. Hiring a motivated Criminal Defense lawyer gives someone the opportunity to fight all of the facts. In some cases, it may be possible to prevent the chemical test result from being used as evidence.
Additional information about Tennessee DUI offenses can be found on our websites at www.tndui.com and www.duiknoxville.com. You may also speak with one of our attorneys, You may reach Steve Oberman, Sara Compher-Rice or Nate Evans, by calling (865) 249-7200.
What if a person accidentally misses a court date for a Tennessee DUI?
Posted by in Court Procedures, DUI Penalties, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Information, Tennessee DUI Laws on February 22nd, 2012
Court dates should always be a defendant’s highest priority, aside from urgent family emergencies. If a person expects to miss a court date or has missed a court date in the past, he should contact his attorney as soon as possible.
When a person misses a court date, the court may issue a warrant for that person’s arrest or may charge that person with “Failure to Appear” in court, a separate, Class A Misdemeanor. The effect of a missed court date will vary in each case depending on the presiding judge, the facts of the case, the amount of advance notice provided to the court, and the practices of the local county.
If a good reason exists as to why a person will miss a court date, a judge may show leniency. In this type of situation, an experienced Tennessee Criminal Defense lawyer will work to avoid an arrest or incarceration for his or her client. If you missed your court date and do not have a Tennessee Criminal Defense lawyer working for you, contact one immediately.
If you have questions about your Tennessee DUI or other criminal charge, our lawyers are available to assist you. Sara, Steve, or Nate will be happy to speak with you at (865) 249-7200. You may also review our websites at www.tndui.com, www.duiknoxville.com and www.tncriminaldefense.com.
Consequences of a TN DUI Conviction – Part 1
Posted by Sara Compher-Rice in DUI Penalties, Frequently Asked Questions, Podcasts, Tennessee DUI Consequences on November 21st, 2011
Citizens charged with Driving Under the Influence (DUI) in Tennessee often understand the Tennessee DUI penalties, such as large fines, mandatory jail time, roadside litter pick-up, and loss of driver’s license. However, few are aware of the collateral consequences associated with a Tennessee DUI conviction. Collateral consequences are problems and difficulties experienced as a result of a DUI conviction that are separate from the penalties faced in court. Those convicted of DUI find themselves dealing with the consequences long after all fines are paid, probation has expired, and their driver’s license has been reinstated.
In this week’s podcast, host and Knoxville DUI attorney Steve Oberman presents Part 1 of a podcast series explaining some of the Collateral Consequences that result from a Tennessee DUI conviction. The purpose of this series is to summarize some, but certainly not all, of the lesser known consequences one faces if convicted of DUI. Our Knoxville, TN DUI lawyers are also happy to answer any questions you may have about these and other issues surrounding a Tennessee DUI charge and the resulting penalties. Feel free to call our office at (865) 249-7200.
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Additional information about the Collateral Consequences of a Tennessee DUI conviction, as well as the Tennessee DUI penalties mandated by law can be found by visiting the website of Knoxville DUI attorneys, Oberman & Rice, at www.tndui.com and www.duiknoxville.com.
You can also watch a video version of this podcast on YouTube.
Podcast: Play in new window | Download
Can A Prior Out-Of-State Conviction Be Used Against You?
Posted by in Court Procedures, DUI Penalties, DUI Second Offense, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Information, Tennessee DUI Laws on September 29th, 2011
If my prior DUI conviction was in another state, can it be used in Tennessee to charge me with a second offense DUI?
Any DUI conviction from another state may be used against you if arrested for a Tennessee DUI offense. If the time criteria is met, a prior, out-of-state DUI may be used to enhance your Tennessee DUI conviction to a DUI second offense or greater, depending upon the facts of your prior conviction(s). Tennessee does honor DUI convictions from all other jurisdictions in the country.
It is important to note that the arresting officer may not know about the out-of-state conviction(s) at the time of the Tennessee DUI arrest. The officer’s initial arrest warrant, and any paperwork a person receives following a DUI arrest, may state that the charge is DUI, first offense. However, the state prosecutor may amend the initial Tennessee DUI charge to multiple offense DUI when more information becomes available.
Tennessee DUI law allows for a person to challenge an out-of-state conviction, and a skilled DUI attorney may prevent it from being used against you in your Tennessee DUI case. Be sure to consult with a Tennessee Defense Attorney to determine if a conviction in another state could be used against you. A successful challenge to an out-of-state conviction could make a significant difference in a defendant’s case and punishment.
[Source: Tenn. Code Ann. § 55-10-403]
Expungement of a Tennessee DUI
Can a Tennessee DUI conviction be expunged from my criminal record?
If you are convicted of a Tennessee DUI offense, the conviction cannot be erased from your criminal record. Only a dismissed charge may be expunged. Any conviction in Tennessee remains on a person’s criminal record forever unless a pardon is issued by the governor after a careful review by the Board of Probation and Parole.
Accordingly, if a person pleads guilty to a DUI in Tennessee, that person will not be eligible to have the charge dismissed or expunged. However, a person charged with a DUI may not need to plead guilty to a DUI. This is one reason why it is important to have an experienced Tennessee DUI attorney review your case before entering into any plea agreement that results in a criminal conviction.
[Sources: Tenn. Code Ann. § 55-10-403; § 40-35-313; § 40-27-102]
The Implied Consent Violation Restricted Driver’s License
Posted by Sara Compher-Rice in Frequently Asked Questions, Ignition Interlock Device, Tennessee Driver's License on August 25th, 2011
Most motorists who have violated the Tennessee Implied Consent law by refusing to submit to a blood, breath or urine test during a Tennessee DUI arrest, will be eligible to obtain a Restricted Tennessee Driver’s License. The Restricted TN Driver’s License for the Implied Consent Violation offender must include both day and time restrictions, as well as geographic restrictions. The permitted geographic restrictions include locations associated with:
- Employment;
- College or university;
- A court-ordered alcohol program;
- Ignition interlock monitoring appointments;
- Meetings with probation officer;
- Regular place of worship;
- Scheduled litter pick-up; and
- Outpatient alcohol/drug treatment program.
It is important to note that not all of these locations will apply to every motorist. A judge in the county in which the offense occurred, or in which the motorist resides, must approve and sign an Order for Restricted Driver License, detailing the permitted locations. Even then, the locations, days and times are subject to final approval by the Tennessee Department of Safety.
In light of the recent changes involving Tennessee Ignition Interlock Device laws, we are often asked: Can a motorist, whose license is revoked due to an implied consent violation, receive a restricted TN driver’s license without geographic restrictions if he installs an ignition interlock device? Unfortunately, the answer is no. When the changes were implemented permitting licenses to be issued without restrictions (as long as the motorist installed an ignition interlock device), the new law did not allow the issuance of a license without geographic restrictions for licenses revoked for violation of the implied consent law.
The Overlooked Costs of a Tennessee DUI Charge
Posted by Sara Compher-Rice in DUI First Offense Penalties, DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Penalties on August 23rd, 2011
Most people do not recognize the varied costs associated with a DUI charge. Although the exact cost is difficult to determine without knowing the facts of your case, the costs you may encounter (excluding attorney fees) include, but are not limited to:
- Investigation expenses (scene photos, witness interviews, etc.)
- Police communication tapes (911) and transcription
- Police videotapes and transcription
- Field sobriety test expert fees
- Chemical test (blood, breath or urine) expert fees
- Technology fees (e.g. to play the police video in court)
- Fees/court costs associated with conviction (e.g. $40.00 ignition interlock fee for all DUI convictions; $250.00 chemical test fee; $100.00 assessment etc.)
- Mandatory minimum fines ($350 for a DUI 1st Offense; $600.00 for a DUI 2nd Offense; $1,100.00 for a DUI 3rd Offense; and $3,000.00 for a DUI 4th or subsequent Offense)
- Increased insurance premiums for a minimum of 3 to 5 years
- Lost income from lost job opportunities
- Costs related to probation (litter pick-up fees; probation fees; DUI school; Ignition interlock device; SCRAM device; alcohol treatment)
- Driver’s license reinstatement fees
- Costs associated for alternative transportation if you are not permitted a restricted driver’s license
As you can see, depending upon the facts of your case and whether you are ultimately convicted of DUI, a DUI arrest can be quite costly.
Automobile Insurance After a DUI Arrest
Posted by Steve Oberman in DUI Penalties, Frequently Asked Questions, Tennessee DUI Consequences on July 25th, 2011
How will a DUI conviction affect my automobile insurance?
Once convicted of a DUI, your insurance rates will likely increase – a lot. That is one reason it is so important to aggressively defend your case. However, if convicted, you will likely be placed on “high risk” insurance (sometimes referred to as an SR-22, which is just the form for “high risk” insurance). The amount of the increase depends, among other factors, on your driving record and how good a customer you are with that company.
The only measure you can take to try to mitigate the situation is to:
- Talk to your insurance agent to negotiate a lower premium; and/or
- Shop around for other insurance. You will find that prices can greatly vary.
Miranda Rights and Driving Under the Influence (DUI)
Posted by Sara Compher-Rice in Frequently Asked Questions, Legal Rights, Uncategorized on June 13th, 2011
On the anniversary of the Supreme Court’s landmark opinion Miranda v. Arizona, I thought it would be appropriate to address one of the most frequently asked questions that we encounter at Oberman & Rice: The officer did not read me my Miranda rights; what are the consequences of this omission? Unfortunately, all too often I have to explain to a client charged with a Tennessee DUI that the failure of the arresting officer to advise him of his Miranda rights will essentially have no impact on his case.
Why? Although popular culture has made Miranda a household word, movies and television shows do not fairly depict the complexity of when Miranda applies or the remedy available when Miranda is not explained to a criminal defendant. Generally, the prosecution cannot use statements made by a suspect during a custodial interrogation unless it first demonstrates the use of procedural safeguards to secure the privilege against self-incrimination (Miranda rights). At issue most often is the definition of “custodial interrogation.” You should consult an experienced attorney to determine whether the statements you made were pursuant to a custodial interrogation. If so, your lawyer may be able to keep the prosecution from using those statements against you in court (also known as suppression of evidence).
When Will Your Prior DUI Conviction Be Used Against You?
Posted by Sara Compher-Rice in DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Laws, Tennessee DUI Penalties on March 20th, 2011
Understanding when and if a prior conviction for Driving Under the Influence can be used against you to increase the penalties of a second or subsequent DUI conviction can be complicated and confusing. In Tennessee, this determination has been further complicated by a recent change in the law (Tennessee Code Annotated § 55-10-403(a)(3)), which became effective July 1, 2010 and is discussed in more detail below.
To determine when a person is classified as a Tennessee DUI multiple offender, we first must answer the question: how far back does Tennessee look for prior convictions? This time period is also often referred to as the “look back” period. Typically, this “look back” period is 10 years, but depending upon the circumstances of the case, this period may be extended up to 20 years. Knoxville DUI attorneys Steve Oberman and Sara Compher-Rice are available to answer your questions about the Tennessee “look back” period and how it may affect your Tennessee DUI case.
The next question is how (or from what dates) is the “look back” period calculated? This calculation is impacted by the new Tennessee DUI law. When examining the initial 10-year period, the calculation should be made as follows:
Arrests prior to July 1, 2010: Compute 10 years from the date of conviction for the current offense to the date of conviction of the previous DUI offense.
Arrests on or after July 1, 2010: Compute 10 years from the date of the current offense (current arrest date) to the date of the previous offense (previous arrest date).
In other words, the calculation has changed from conviction date to conviction date to now being determined from DUI arrest date to DUI arrest date.
Should you have any additional questions about the offense of DUI in Tennessee or the associated penalties, please visit the Oberman & Rice websites at www.tndui.com and www.duiknoxville.com. Steve and Sara may also be reached by calling (865) 249-7200.
Knoxville, TN Ignition Interlock Device Coupon (Free Installation)
Posted by Sara Compher-Rice in Frequently Asked Questions, Ignition Interlock Device, Tennessee DUI Information on March 16th, 2011
As discussed in previous blog posts, New TN Ignition Interlock Device Laws–Part 1, New TN Ignition Interlock Device Laws–Part 2, and New TN Ignition Interlock Device Laws–Part 3, many Tennessee DUI offenders may be required by law to have an ignition interlock device installed their vehicle.
The Oberman and Rice Law Firm has discovered a fantastic coupon offering free installation and, in some instances, free first month’s lease for the Guardian Interlock device. Click here to obtain a copy of this coupon.
This offer is only valid at the following authorized Guardian Interlock distributor:
National Auto Parts, Inc. 4733 Clinton Highway Knoxville, TN 37912 (865) 687-6061Driver’s License Reinstatement Following DUI Conviction
Posted by Sara Compher-Rice in Frequently Asked Questions, Tennessee Driver's License, Tennessee DUI Consequences on March 15th, 2011
One consequence of Driving Under the Influence (DUI) and related convictions, such as Implied Consent Violation, is the loss of the person’s Tennessee driver’s license. Depending upon the facts of the case, the Tennessee driver’s license revocation can range from one year to more than ten years. Once the revocation period expires, the person is not allowed to simply start driving. Rather, specific steps must be taken to have one’s driver’s license properly reinstated with the Tennessee Department of Safety.
Failure to reinstate your Tennessee driver’s license could result in your arrest if you drive while unlicensed. In fact, a conviction for Driving on a Revoked, Suspended or Canceled Driver’s License could result in a mandatory jail sentence if your license had been revoked, suspended, or canceled as a result of a DUI conviction. Eligibility for driver’s license reinstatement is not a defense to this crime.
To find out when your Tennessee driver’s license is eligible for reinstatement and to how to accomplish this goal, you may click here for detailed information relating to reinstating your Tennessee driving privilege. To obtain this information, you should be prepared to provide your Tennessee driver’s license/ID number.
If you have any additional questions about Tennessee driver’s license consequences of a Driving Under the Influence (DUI) conviction, Steve Oberman and Sara Compher-Rice are available to speak with you and answer your questions. Steve and Sara can be reached by calling (865) 249-7200. You may also find additional information about the crime and consequences of DUI on our firm’s websites: www.tndui.com and www.duiknoxville.com.
Tennessee District Attorney General – Description of Duties
Posted by Steve Oberman in Court Procedures, Frequently Asked Questions on December 17th, 2010
The citizens of Tennessee often become upset at their District Attorney General for either prosecuting a case they don’t believe should be prosecuted or for not prosecuting a case they believe should be prosecuted. With that in mind, here is a quote from an opinion rendered by the Tennessee Supreme Court describing the duties of the District Attorney General (then called the Solicitor-General). I hope this enlightens the readers of this blog.
The District Attorney General
… “He is to judge between the people and the government; he is to be the safeguard of the one and the advocate for the rights of the other; he ought not to suffer the innocent to be oppressed or vexatiously harassed; any more than those who deserve prosecution to escape; he is to pursue guilt; he is to protect innocence; he is to judge the circumstances, and, according to their true complexion, to combine the public welfare and the safety of the citizens, preserving both, and not impairing either; he is to decline the use of both individual passions and individual malevolence, when he can not use them for the advantage of the public; he is to lay hold of them where public justice, in sound discretions, requires it.” …
Catherine Fout v. State of Tennessee, 4 Tenn. 98 (1816)
Are Reductions Routine in 1st Offense DUI Cases?
Posted by Sara Compher-Rice in DUI First Offense Penalties, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Penalties on April 13th, 2010
Most new clients we meet have the incorrect preconceived notion that as long as they have never been in trouble before (no convictions, no traffic tickets, etc.), the State will simply agree to reduce the pending DUI 1st Offense to something such as a Reckless Driving. In reality, a person’s prior criminal history, or lack thereof, is seldom relevant to the case unless the person is convicted and facing sentencing.
Over the past several decades, the trend in our society has been toward harsher penalties and more conservative laws for driving under the influence. A recent story in the ABA Journal highlights one reason that prosecutors are hesitant to be lenient on the punishment for DUI offenders. DUI prosecutors often state that they cannot reduce a DUI, even if just a first offense, because the defendant may then go out and repeat the behavior of driving while impaired, endangering the lives the community. This exact scenario, as reported by the ABA Journal, recently played out in Maryland. However, rather than striking and injuring a citizen at large, the defendant in question struck and injured a retired Maryland County Judge and his wife. The same Judge had previously shown leniency to the defendant, suspending his DUI sentence (meaning he did not have to serve any time in jail).
Accounts such as these provide prosecutors, state legislators and private organizations (such as MADD) with the ammunition needed to justify the “no tolerance” trend toward DUI offenders. Unfortunately, although each Driving Under the Influence case is quite unique and bears individual scrutiny to determine whether a reduction is appropriate, many jurisdictions are pushing for convictions in all cases under the assumption that the defendant will re-offend.
This trend only highlights the importance of selecting a qualified attorney to handle your DUI case. Never assume that you can handle the case yourself or hire the cheapest lawyer you can find because you are assured a reduced charge due to your clean record. Do your homework and hire the very best DUI defense attorney that you can afford. For more information on how to select a Tennessee DUI attorney, click here. For information about a Tennessee DUI charge, you may contact Steve Oberman or Sara Compher-Rice at (865) 249-7200.
DUI Charge Reduced to Reckless Driving
Posted by Steve Oberman in Court Procedures, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Penalties on November 18th, 2009
We are often asked by clients charged with the offense of Driving Under the Influence of an Intoxicant (DUI, DWI, OWI) about cases where others have had a DUI offense amended to the offense of Reckless Driving by plea agreement. A plea agreement in theory means that the defendant pleads guilty or complies with some other requirements such as payment of a fine or court costs, performance of volunteer community work, etc., in return for an agreed upon disposition.
Most plea agreements are compromise dispositions to avoid the uncertainty and expense of a hearing and/or trial. Any plea agreement must be approved by the presiding judge to be certain the plea agreement is justified by the facts as applied to the law. If not, the judge may reject the plea agreement. Some of the factors reviewed by a prosecutor (in no particular order) include the:
- Facts of the case surrounding the arrest;
- Nature of the offense involved;
- Anticipated credibility of the prosecution witness(es);
- Anticipated credibility of the defense witness(es); and
- Skill level of the defense attorney.
Accordingly, where the facts justify an amendment from the offense of DUI to the offense of Reckless Driving, a plea agreement is reached between the parties to conclude the case in that fashion. Agreements may range from a set punishment on a plea by the defendant to the offense charged, to the prosecution dropping the case entirely.
Readers of this blog should understand that the only reason cases are amended is when the prosecution believes it has a reasonable chance of losing the case. Obviously, the more the prosecution believes it will lose the case, the better the plea agreement that will be offered to the defendant. The prosecution does not want to waste time or effort attempting to convict somebody when the chances of doing so are minimal. Plea agreements are not made on the basis of other factors such as relationships or friendships between the officers, lawyers or judges. Accordingly, a defendant should be wary of hiring a DUI attorney who makes such promises.
Health Care Professionals and Traffic Arrests
Posted by Steve Oberman in Frequently Asked Questions, Tennessee DUI Consequences, Tennessee Traffic Violations on November 17th, 2009
When a doctor or other health care professional is arrested for a traffic violation, she may need two attorneys. One attorney will defend the traffic violation. But health care professionals who are actually arrested may need a second attorney to advise them on whether or not to report the arrest, and to what agency the arrest should be reported. Doctors and certain other health professionals are required to report certain matters to the Tennessee Board of Medical Examiners (the Board).
If you are a physician, before you contact the Board of Medical Examiners, you should first contact a knowledgeable, experienced Tennessee criminal defense attorney who can advise you if it is necessary to retain an attorney who has substantial experience in representing doctors before the Board. Doctors should not contact the Board prior to talking with a qualified attorney, as the Board may later become adversarial.
The Board requires doctors to report any conviction to their physician profile, which is accessible to the public. However, whether or not physicians and other health care professionals are required to report arrests to the Board is less clear. One thing is certain: when health care providers renew their licenses, they must be truthful when answering questions on the renewal form. If you are a physician, you should be aware that when it comes to Tennessee traffic violations and criminal offenses such as Driving Under the Influence of an intoxicant (DUI, DWI, or OWI) or even Reckless Driving, there are certain rules with which you must comply with in order to maintain your professional license. If you are arrested for a traffic violation of any kind, consult with a Tennessee criminal defense attorney familiar with the requirements of the licensing Board.
Tennessee DUI Laws on “Let’s Talk Law with Steve Oberman & Sara Compher-Rice”
Posted by Steve Oberman in DUI Penalties, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI News, Tennessee DUI Penalties on August 27th, 2009
Tune in to WNOX-FM 100.3 NewsTalk 100 this Sunday, August 30, 2009, when Steve and Sara will be discussing the topic of “Tennessee DUI Laws.” You can also listen live via the web by visiting http://www.wnoxnewstalk.com.
We encourage you to call during the show with your questions about the DUI laws in Tennessee by dialing (865) 656-TALK (8255) or (800) 951-TALK (8255). U.S. Cellular and AT&T Wireless customers can also place a free call by dialing *100. If you prefer, feel free to post your questions and/or comments here on our blog. We will review the blog before the show and attempt to answer your questions on the air.
Tips for Selecting and Working with a DUI Lawyer
Posted by Sara Compher-Rice in Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Uncategorized on August 17th, 2009
Unfortunately most people charged with a Tennessee DUI offense do not realize that the selection of his or her lawyer can be life-altering decision. Many people charged with a DUI in Tennessee find themselves in the midst of the criminal justice system for the first time in their lives. The experience is often overwhelming and terrifying. The worst thing a person can do is hire an attorney at random to handle a driving under the influence case. Steve Oberman and I often advise potential clients to not rely solely on the biggest yellow page ad or a billboard advertisement. Your decision should be based upon careful research and reflection.
On the August 16th show of “Let’s Talk Law with Steve Oberman and Sara Compher-Rice,” we were fortunate to have two guests to discuss this issue and answer questions from our listeners on the topic of Selecting and Working with a Lawyer. Attorneys Tom Scott and Mark Britton, for providing our listeners invaluable information relating to selecting and working with a lawyer.
Tom Scott is currently serving as the Chair of the Tennessee Board of Professional Responsibility (BPR). Tom provided us with information on the role of the Tennessee BPR and explained how the BPR fields and processes complaints of clients against lawyers. We also learned that the general public can visit the BPR website to search for any disciplinary action taken against attorneys. For more information on the Tennessee Board of Professional Responsibility and the Board can assist you, visit http://www.tbpr.org/ or call 800-486-5714.
Mark Britton is the CEO and founder of Avvo. Avvo.com is a resource for consumers to use when researching potential attorneys. Unlike other lawyer rating services, Avvo provides both positive and negative feedback on attorneys. For instance, Avvo works with the Tennessee Board of Professional Responsibility to inform clients of any disciplinary action taken against a lawyer.
The decision of which attorney to hire is often one of the most crucial decisions a person will make in his or her life. Tom and Mark have provided an excellent starting point for the potentially life-altering lawyer search. Once you have completed your initial research, you should follow up by asking those you know and trust (friends, family, neighbors, other lawyers and professionals) for recommendations. Finally, take time to meet with the potential lawyer to assess his or her skill level, attentiveness and professionalism. You may also visit our website for examples of questions to ask during your interview.
Boating Under the Influence (BUI) in Tennessee
Posted by Steve Oberman in Frequently Asked Questions, Tennessee DUI Information, Tennessee DUI News on July 2nd, 2009
“TWRA wants boaters to recognize the effects and consequences of alcohol use while boating. In a boat on the water, consuming one beer is equivalent to drinking three beers on land because of external stressors such as engine vibration, wave motion and glare from the sun. Operating a boat with a Blood Alcohol Content of .08 or higher is illegal in Tennessee, the same as operating a motor vehicle.”
Based upon this statement found on the Tennessee Wildlife Resources Agency website, officers on Tennessee waterways may be more likely to arrest someone for boating under the influence (BUI) than someone who consumed the same amount of alcohol for the offense of driving a motor vehicle under the influence (DUI).
It is important for Tennessee residents and visitors alike to realize that to be subject to arrest for the offense of boating under the influence (BUI), one need only:
1. Be operating any vessel subject to registration (unlike the Tennessee DUI laws which require the vehicle to be motorized);
2. While on public waters of the state;
3. While
a. Under the influence of any intoxicant OR
b. With a blood alcohol content of .08 percent or greater.
Tennessee law also provides certain legal exceptions in boating under the influence (BUI) cases. If you are arrested for BUI in Tennessee, you should promptly consult with an attorney about the facts of your case to preserve defenses and avoid the onerous penalties involved with a BUI conviction.
Because of the similarities in why persons are arrested for boating under the influence and for driving under the influence, persons charged with BUI in Tennessee should seek an attorney experienced in the intricacies of DUI defense. It is also just as important in BUI cases as it is in DUI cases that the defense investigation begins as soon as possible after the arrest in order to obtain the best possible chance of a successful outcome.
4th of July Tennessee Sobriety Checkpoints (DUI Roadblocks)
Posted by Sara Compher-Rice in Frequently Asked Questions, Tennessee DUI Information, Tennessee DUI News on July 2nd, 2009
The Tennessee Highway Patrol has announced plans to conduct sobriety (DUI) checkpoints over the holiday weekend from Thursday night to Sunday night. The Tennessee Supreme Court has held that sobriety checkpoints, often known as DUI roadblocks, are permissible under the Tennessee Constitution. In State v. Downey, the Court held that the prevention of drunk driving in Tennessee was enough of a compelling state interest to justify the intrusive nature of DUI checkpoints.
Although Tennessee’s high court has ruled that sobriety checkpoints are permitted, law enforcement agencies are still required to follow very particular policies and procedures when establishing and conducting DUI roadblocks. Should you have the misfortune of being stopped at a Tennessee DUI checkpoint and arrested or cited for DUI or any crime or traffic violation, you should immediately consult with a Tennessee attorney who is knowledgeable about the area of DUI defense law to determine if, in fact, the proper procedures were followed.
Please click here for a list of DUI roadblock locations across Tennessee.
Does a “designated driver” owe a legal duty to aid or protect intoxicated passengers?
Posted by Steve Oberman in DUI Penalties, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Penalties on June 1st, 2009
This question came before the Tennessee Supreme Court in 2008. In this case, Downs ex rel. Downs v. Bush, 263 S.W.3d 812 (Tenn. 2008), the mother of a Ryan Downs, a passenger in the bed of his friend’s pick up truck, filed a wrongful death complaint against several of her son’s friends when Ryan, after becoming intoxicated, exited the bed of the truck, ran onto the highway, and was struck by two vehicles, causing Ryan’s death.
The Tennessee Supreme Court considered whether Mr. Downs’ friends had a special duty to aid or protect Mr. Downs because of their close relationship as best friends and roommates. The Court held that the law did not impose any special relationship upon the friends of the deceased by virtue of this relationship.
Furthermore, the Court ruled, in the first case of this kind to be brought before the Court, that the “designated driver” did not owe Mr. Downs any special legal duty more than the customary duty to exercise reasonable care when driving the vehicle. The Court ruled against Mrs. Downs’ argument that a designated driver was required to take affirmative action to keep intoxicated passengers inside the passenger compartment of the vehicle and to ensure that the intoxicated passenger is not abandoned in a position of peril along the journey. Instead, the Tennessee Supreme Court ruled that the public was better served by encouraging individuals to serve as designated drivers rather than adopting a policy that could potentially discourage the practice.
To rule otherwise, the Tennessee Supreme Court would have impliedly discouraged designated drivers and left persons who were intoxicated or otherwise under the influence of drugs and/or alcohol to drive under the influence, thus committing the criminal offense of Driving Under the Influence (DUI) in violation Of Tennessee Code Annotated section 55-10-401. While the facts of this case cause one to be very sympathetic toward the family of the deceased, it is Mr. Oberman’s opinion that the Tennessee Supreme Court made the correct decision.
Have a Happy and Safe St. Patrick’s Day
Posted by Sara Compher-Rice in Frequently Asked Questions on March 17th, 2009
Saint Patrick’s Day is often associated with the consumption of alcoholic beverages. If you are celebrating this holiday in such a manner, you should be careful to recognize that your alcohol consumption may impair your ability to drive. You may not realize that your own ability to know if you are impaired or under the influence may be affected by alcohol. The safe way to celebrate is to be certain you have a designated driver who is not drinking alcohol or taking any medications or drugs. If you even think you may be impaired, you should call a cab or get a ride with a friend.
Even if you conclude that you are not too impaired to get behind the wheel, keep in mind that a law enforcement officer could reach a different conclusion. Should you be stopped and suspected of driving under the influence, you may find yourself with several questions relating to Tennessee DUI laws, such as:
- Am I required to take the field sobriety tests?
- Do I have a legal right to refuse a breath or blood test (chemical test)?
- Do I have a right to select between a blood or breath test?
- Do I have a right to consult with my lawyer prior to taking field sobriety tests or a chemical test?
- Do I have a right to obtain my own blood alcohol test?
We would encourage you to visit our website at http://www.tndui.com/faqs/faqs.html for the detailed answers to these and many other frequently asked questions relating to a DUI traffic stop.