Archive for category Tennessee DUI News
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.
New Year’s Eve Traffic Enforcement and Sobriety Checkpoints
Posted by Sara Compher-Rice in Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News, Tennessee Traffic Violations, THP, Traffic Citations on December 28th, 2023
As 2023 draws to a close, the Tennessee Highway Patrol has planned several Sobriety Checkpoints (also commonly referred to as a “DUI Roadblocks”) in East Tennessee. Motorists in Monroe County can expect a DUI Roadblock on December 29, 2023 on U.S. 411 at the Monroe/Loudon County line. THP has also planned a Knox County Sobriety Checkpoint on New Year’s Eve at Cherokee Trail and Cherokee Bluff Drive. A full list of the Tennessee Highway Patrol checkpoint enforcement dates and locations can be found by clicking here.
The DUI defense lawyers at the Oberman & Rice Law Firm are always available to assist those arrested or cited for a traffic violation. If you or a loved one find yourself in need of a criminal defense or traffic lawyer, please make sure to contact one of our law partners at (865) 249-7200 or by visiting www.tndui.com. Even though most law firms are closed during this holiday period, all of our lawyers will be available 24/7 to help you and take your call. If we cannot be of assistance, then our firm will attempt to help find you someone who can. Oberman & Rice wishes you all a safe and healthy New Year.
Exercise Caution New Years Eve 2021!
Posted by Steve Oberman in Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News on December 31st, 2021
Beginning at 6:00 PM on Friday, New Year’s Eve all the way through Sunday, January 2, 2022 at 11:59 PM, Tennessee Highway Patrol Officers will be performing traffic saturation patrols and to ensure drivers are wearing seatbelts, have a valid driver’s licenses and are sober. The Oberman and Rice lawyers recommend getting a ride or having a designated driver. Don’t start your New Year in jail!
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.
Happy Holidays from the Tennessee Highway Patrol- Sobriety Checkpoints
Posted by Arrin Zadeh in DUI Penalties, Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News on December 20th, 2019
Motorists venturing to Grandmother’s house this holiday season in East Tennessee need to be very careful and prepared for delays while passing through several checkpoints throughout the end of the year and leading into the new year. Tennessee Highway Patrol and other law enforcement agencies will be out in full force over the next few weeks to ensure that drivers heading to see family and friends are not operating their vehicle while impaired or committing traffic violations.
The 2019 Christmas/New Year holiday enforcement period has already started and will include several sobriety checkpoints in the following East Tennessee counties: Knox, Union, Campbell, Monroe, Morgan and Scott. For a full list of checkpoints please click here.
The DUI defense lawyers at Oberman & Rice are always willing to help those who may find themselves being arrested at one of these checkpoints or being cited for a traffic violation. If you or a loved one find yourself in need of a skilled trial lawyer, please make sure to contact one of our three law partners at (865) 249-7200 or by visiting www.tndui.com. Even though most law firms are closed during this holiday period, all of our lawyers will be available 24/7 to help you with any situation you may find yourself. If we cannot be of assistance, then our firm will attempt to help find you someone who can.
Labor Day Weekend 2019: Sobriety Checkpoints Planned for East Tennessee
Posted by Arrin Zadeh in Boating Under the Influence (BUI), DUI Penalties, Field Sobriety Tests, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Checkpoints, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News, Traffic Citations, Traffic Ticket on August 28th, 2019
Drivers in East Tennessee need to be mindful during the upcoming Labor Day Weekend while driving to the lake for one more weekend of “fun in the sun” before the summer ends and football time begins! Tennessee Highway Patrol troopers and other law enforcement agencies will be out in force in most of the East Tennessee area this Labor Day weekend ensuring that motorists are not driving while impaired or committing traffic violations.
The 2019 holiday enforcement period begins Friday, August 30, and will include several sobriety checkpoints in the following East Tennessee counties: Union, Campbell, Monroe and Sevier. For a full list of checkpoints please click here.
The DUI defense lawyers at Oberman & Rice are always willing to help those who may find themselves being arrested at one of these checkpoints or being cited for a traffic violation. If you or a loved one find yourself in need of a skilled trial lawyer, please make sure to contact one of our three law partners 24/7 at (865) 249-7200 or by visiting www.tndui.com.
Don’t Drink and Scoot
Posted by Arrin Zadeh in Boating Under the Influence (BUI), DUI First Offense Penalties, DUI Penalties, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee Driver's License, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News, Tennessee DUI Penalties, Tennessee Traffic Violations, TN BUI on July 3rd, 2019
On July 1, 2019, several new laws and modifications of current Tennessee DUI laws were implemented. The first we will discuss (with more updates to follow on this blog) refers to all of the scooters that have become common place in most major downtown areas in Tennessee. In downtown Knoxville, for example, you cannot walk a block without seeing these scooters available for rent. In case you are not familiar with these scooters, one such company, called Zagster (2024 update: Zagster has since closed. If you are interested, in what happened to Zagster, read this article by Randy Joycelyn), releases these scooters for rent and places many of them around busy areas hoping for people passing by to rent one to travel (or scoot) around the city. It is hard pressed to not see at least one person zooming along the street or sidewalk on one of these devices.
The new law, mentioned above, aims to eliminate the problem of impaired people renting these scooters by making such an action punishable under Tennessee’s DUI laws. As this recent article on WKRN states, these electric scooters will be considered motor-driven vehicles. This language is important because under Tennessee’s DUI laws, the operator must be in physical control of a motor-driven vehicle to be arrested for a DUI. As we have discussed previously on this blog (and at our website- www.tndui.com), if convicted of a DUI you face some of the following punishments: mandatory jail time (up to 48 hours on a First Offense); fines; required attendance of a Drug Education Course and a loss of your Tennessee driving privilege.
Please remember that over this holiday weekend if you decide to enjoy the festivities in an area that allows for these scooters to be rented, please do not drink and scoot. You may find yourself being placed under arrest for a DUI! If you’ve been charged with Driving Under the Influence in Tennessee while on one of these scooters, operating a boat or while driving in your vehicle, please contact the Oberman and Rice Law Firm at (865) 249-7200. We 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.
Tennessee Highway Patrol Checkpoints planned for the upcoming Memorial Day 2018 Weekend
Posted by Arrin Zadeh in Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News on May 9th, 2018
With just a few weeks until lake season begins in East Tennessee, motorists who plan on traveling to enjoy the upcoming Memorial Day weekend need to be mindful while driving to the lake festivities and family cookouts. Tennessee Highway Patrol troopers will be out in force during Memorial Day weekend ensuring that motorists are not driving while impaired/aggressively or committing traffic violations.
The 2018 holiday enforcement period begins Friday, May 25 and concludes Monday, May 28. Two Sobriety checkpoints are planned in Knox County on May 25. The first scheduled Sobriety Checkpoint will be located on Highway 33 at Loyston Road and the second Sobriety Checkpoint will be located on Northshore Drive west of Concord Road. Additionally, a Seatbelt checkpoint is planned in Knox County on May 26, on Ogle Avenue at Martin Mill Pike. Sobriety Checkpoints are also planned throughout the holiday weekend in Anderson and Sevier Counties. For a list of all the planned checkpoints throughout East Tennessee in May, 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.
When the State’s Expert Witness Has a Financial Interest in DUI Convictions
Posted by Sara Compher-Rice in Breath, Chemical (Blood, Chemical Tests, Tennessee DUI Laws, Tennessee DUI News on March 19th, 2018
On February 6, 2018, the Tennessee Court of Criminal Appeals ruled that Tennessee Code Annotated § 55-10-413(f), which establishes a BADT fee, is unconstitutional as a violation of the Due Process Clause of the Fourteenth Amendment and article I, section 8 of the Tennessee Constitution.
What is a BADT fee?
The Tennessee DUI law in question provides that,
In additional to all other fines, fees, costs, and punishments now prescribed by law, . . . a blood alcohol or drug concentration test (BADT) fee in the amount of two hundred fifty dollars ($250) shall be assessed upon a conviction for driving under the influence of an intoxicant under § 55-10-401, vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218, for each offender who has taken a breath alcohol test on an evidential breath testing unit provided, maintained, and administered by a law enforcement agency for the purpose of determining the breath alcohol content or has submitted to a chemical test to determine the alcohol or drug content of the blood or urine. T.C.A. § 55-10-413(f)(2017).[1]
The statute further indicates that the fee shall be collected by the court clerk and deposited in the TBI toxicology unit intoxication testing fund and may be used by the TBI “to employ personnel, purchase equipment and supplies, pay for the education, training and scientific development of employees, or for any other purpose so as to allow the bureau to operate in a more efficient and expeditious manner. T.C.A. § 55-10-413(f)(2) and (3)(2017).
As noted by the Tennessee Court of Criminal Appeals, this blood alcohol or drug concentration test (BADT) fee provides the Tennessee Bureau of Investigation (TBI) with a direct financial interest in securing DUI-related convictions because this fee is not collected if the defendant’s charges are dismissed, reduced, or if the defendant is acquitted.
Due Process Requires Fairness and Impartiality
“When discussing the importance of due process protections, this court has reiterated that ‘[w]e cannot allow public confidence in the complete fairness and impartiality of our tribunals to be eroded and nothing which casts any doubt on the fairness of the proceedings should be tolerated.’” State v. Decosimo, No. E2017-00696-CCA-R3-CD, at *24 (Tenn. Crim. App. Feb. 6, 2018)(citations omitted).
Although they are employed by the state, TBI forensic scientists are expected to remain neutral and unbiased to protect the integrity of the criminal justice system. The BADT fee, however, provides these forensic scientists with a pecuniary interest because they may benefit from the collected fee (continued employment, salaries, equipment, and training). The court also noted that although a TBI analyst could lost his job if test results are falsified, the analysts would “most certainly lose their jobs if funding for their positions disappears, a result of which these forensic scientist are no doubt well aware.” Such a fee system calls into question the TBI forensic test results and, therefore, violated due process. State v. Decosimo, No. E2017-00696-CCA-R3-CD, at *27 (Tenn. Crim. App. Feb. 6, 2018)(citations omitted).
Impact of the Unconstitutionality of the BADT Fee
Attorneys across the state of Tennessee are taking a closer look at all DUI cases involving a chemical test sample. Depending on the facts of the case, and the jurisdiction, DUI defendants could benefit from the suppression of the blood or breath test results from evidence. If the evidence of impairment is limited to the chemical test result, attorneys may even find success in arguing motions to dismiss the criminal case against the defendant.
The Tennessee Attorney General’s office has filed an application to the Tennessee Supreme Court for permission to appeal the Tennessee Court of Criminal Appeal’s decision. This Rule 11 application highlights the need for an urgent, “expeditious review” given the fact that the Decosimo ruling impacts thousands of past convictions as well as current and future DUI-related prosecutions. Although it is likely that the Tennessee Supreme Court will agree to hear the appeal, it remains to be seen whether they will ultimately uphold the Tennessee Court of Criminal Appeals’ ruling that the BADT fee is unconstitutional, or if the court will reverse the decision and find the fee constitutionally permissible.
If you would like further information about Tennessee DUI laws, or your case, you may contact the Oberman and Rice Law Firm at (865) 249-7200.
[1] At the time of the defendant’s arrest in State v. Decosimo, the relevant statute number was T.C.A. § 55-10-419 (2012). Since that time, this code section was transferred to the current location of § 55-10-413 and minor changes have been made by the Tennessee legislature.
THP checkpoints planned for the upcoming Labor Day 2017 Weekend
Posted by Arrin Zadeh in Tennessee DUI Checkpoints, Tennessee DUI News on August 30th, 2017
Motorists need to be mindful during the upcoming Labor Day Weekend while driving to the lake and family cookouts. Tennessee Highway Patrol troopers will be out in force this Labor Day weekend ensuring that motorists are not driving while impaired/aggressively or committing traffic violations.
The 2017 holiday enforcement period begins Friday, September 1, and concludes Monday, September 4. Driver’s license checkpoints are planned in a number of Tennessee counties including Knox County on Sept September 1, at S.R. 61 Emory Road at Washington Pike and in Campbell County at SR 63 at Campbell/Claiborne line. Sobriety checkpoints are also planned throughout the holiday weekend. For a list of all the planned checkpoints in September 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.
Tennessee Legislature Addresses “Self Driving” Cars
Posted by Arrin Zadeh in Tennessee DUI News, Tennessee Traffic Violations on August 3rd, 2017
If you have watched the news lately, you have probably heard of the automobile giant called Tesla. Tesla is famous for its work toward developing automated cars that operate without the need for a human driver. As one could imagine, vehicles driven without a person in total control behind the wheel could be potentially dangerous—there is always a risk of some sort of malfunction with the automated system or the driver being unresponsive to the warning messages from the automated system. One such example of this issue has already arisen in Ohio. In fact, even Tesla itself released a video warning of the potential dangers of the self-driven vehicles. States have started to take notice of these self-driving vehicles and some States have even started passing laws aimed at these types of automobiles.
For example, a new law that took affect in Tennessee on July 6, 2017, sets out requirements for operating an “Automated Driving System” or “ADS”. The “Automated Vehicles Act” as created by the Tennessee Legislature in Public Chapter No. 474 sets forth certain requirements in order for such ADS enabled vehicles to lawfully operate on Tennessee roads. This statute aims to lay out restrictions on ADS vehicles as well as determine liabilities for the ADS operated vehicles.
Interestingly, if the requirements for an ADS set forth by the statute are not followed, it is a Class A Misdemeanor for a person to knowingly operate the vehicle without a human driver in the driver’s seat, punishable up to 11 month and 29 days in jail. As more options become available for ADS vehicles, those who are interested in utilizing the technology must be vigilant to ensure their vehicles comply with the statutory requirements.
Anyone charged with a traffic offense or arrested for DUI, or another related charge, should immediately contact a Tennessee DUI lawyer familiar with Tennessee DUI laws. For more information about the crime of Driving Under the Influence (DUI) or about traffic offenses, Steve, Sara, or AZ 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. The DUI Defense attorneys at Oberman & Rice are available to speak with you 24/7.
“No Refusal” Sobriety Checkpoints on New Year’s Eve
Posted by Steve Oberman in Chemical Tests, Legal Rights, Tennessee DUI Checkpoints, Tennessee DUI Chemical Tests, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News on December 30th, 2016
On New Year’s Eve, as 2016 draws to a close, Tennessee Highway Patrol troopers will be out in force with multiple sobriety checkpoints throughout the state.
In East Tennessee, “No Refusal” Sobriety Checkpoints are planned in Knox, Loudon, Roane, Campbell, and Sevier County. For the exact locations and a full list of all planned checkpoints throughout the state, click here.
The term “No Refusal” relates to the use of chemical tests (blood, breath, or urine) to measure the concentration of alcohol or drugs in a person’s system. Usually, a person who is arrested for DUI has the right to refuse to consent to a chemical test, although there are exceptions to the right to refuse and there are consequences to refusing. If an arrestee refuses to consent, a law enforcement officer has the option of obtaining a search warrant that requires the arrestee to submit to a chemical test.
During “No Refusal” enforcement periods, like this holiday weekend, the Tennessee Highway Patrol typically has a Tennessee judge (or judges) on call. If a person is arrested for DUI and refuses to submit to a chemical test, and if the judge determines that the requisite legal grounds exist, the judge will issue a search warrant. This search warrant allows the officer to obtain a chemical test (most often a blood sample), even over the objection or refusal of the motorist placed under arrest.
Anyone arrested for DUI, or another related charge, should immediately contact a Tennessee DUI lawyer familiar with Tennessee DUI laws. For more information about the crime of driving under the influence (DUI) or about your legal rights with respect to a Tennessee Highway Patrol checkpoint, Steve, Sara, or AZ 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. Even during this busy holiday season, the DUI Defense attorneys at Oberman & Rice are available to speak with you 24/7.
About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants. Among the many honors bestowed upon him, Steve served as Dean of the National College for DUI Defense, Inc. (NCDD) and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee. Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the NCDD.
He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 8th edition (Wolters Kluwer/Aspen). Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions. He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and three foreign countries.
THP Checkpoints Planned for Labor Day 2016 Weekend
Posted by Steve Oberman in Tennessee DUI News on September 2nd, 2016
Motorists need to remain vigilant over the next few days. Tennessee Highway Patrol troopers will be out in force this Labor Day weekend.
The 2016 holiday enforcement period begins Friday, Sept. 2, and concludes Monday, Sept. 5. Driver’s license checkpoints are planned in a number of Tennessee Counties. In East Tennessee, on Sept. 2 one is planned in Knox County at SR 33 @ Mt. Olive Church and another in Loudon County at Highway 444 @ Clear Creek Boat Ramp. For a list of all the planned checkpoints, click here.
THP Col. Tracy Trott has stated, “Our high-visibility enforcement effort which includes saturation patrols, bar and tavern checks and sobriety checkpoints, will help remove impaired drivers from Tennessee roadways. Our goal is to remove unsafe motorists from the roadway before they injure or kill themself or an innocent person. Troopers will be out in force working tirelessly across the state to ensure the summer period comes to a safe close.”
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.
About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants. Among the many honors bestowed upon him, Steve served as Dean of the National College for DUI Defense, Inc. (NCDD) and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee. Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the NCDD.
He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 8th edition (Wolters Kluwer/Aspen). Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions. He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and three foreign countries.
Increased Jail Time for Some DUI Offenders in Tennessee
Posted by Steve Oberman in DUI Fourth Offense, DUI Penalties, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News, Tennessee DUI Penalties, Uncategorized on June 6th, 2016
Beginning in July 2016, drunk drivers who have prior DUI convictions will face more severe penalties.[1] The Tennessee General Assembly has enacted a new law that amends Tennessee Code Annotated §55-10-402 and enhances the way Tennessee punishes offenders with multiple DUI convictions. These changes will apply only to those who commit an offense on or after July 1, 2016.
Previously, a conviction for a 4th offense or higher DUI was a Class E Felony. A Class E Felony carries a punishment of 1-6 years.[2] Starting on July 1, while a 4th or 5th offense conviction for DUI will remain a Class E Felony, a person who commits a 6th or subsequent offense will be sentenced as a Class C Felon. A Class C Felony is punishable by 3-15 years in the penitentiary.[3]
Although the mandatory minimum jail sentence for DUI offenders who have six or more convictions will not change, the maximum sentence increases significantly. People who are convicted of a 4th or subsequent offense must serve a mandatory minimum of 150 days in jail. However, based on statistics from 2015 in Tennessee, Class E Felons serve an average of 1.56 years in jail, while Class C Felons serve an average of 4.13 years in jail.[4] This change to the law should significantly increase the amount of incarceration for those who have six or more convictions for DUI.
About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants. Among the many honors bestowed upon him, Steve served as Dean of the National College for DUI Defense, Inc. (NCDD) and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee. Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the NCDD.
He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 7th edition (Wolters Kluwer/Aspen). Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions. He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and three foreign countries.
The author would like to thank his associate attorney, Anna Rickels, for her research and contributions to this article.
If you would like to contact the author, please visit: http://www.tndui.com
[1] http://share.tn.gov/sos/acts/109/pub/pc0876.pdf
[2] Tennessee Code Annotated §40-35-111(b)(5)
[3] Tennessee Code Annotated §40-35-111(b)(3)
[4] Sentencing Practices in Tennessee (April 2015) http://www.tncourts.gov/sites/default/files/docs/criminal_sentencing_stats_cy2014_draft_v2.pdf
Tennessee Drivers Beware
Posted by Steve Oberman in Tennessee DUI News on January 27th, 2016
Unfortunately, in order to meet the mandates of these grants, innocent people are too often accused of this extremely serious opinion crime. Only through a detailed investigation, assertion of our constitutional rights and a detailed explanation of the errors of the arresting officer’s bases of opinion can those who are falsely accused be exonerated.
About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants. Among the many honors bestowed upon him, Steve served as Dean of the National College for DUI Defense, Inc. (NCDD) and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee. Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the NCDD.
He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 7th edition (Wolters Kluwer/Aspen). Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions. He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and three foreign countries.
Tennessee Labor Day Traffic Enforcement
Posted by Arrin Zadeh in Tennessee DUI Checkpoints, Tennessee DUI News on September 4th, 2015
This Labor Day weekend, the Tennessee Highway Patrol plans to implement several checkpoints across the East Tennessee area. These checkpoints will include seat belt checkpoints, driver’s license checkpoints, and DUI checkpoints. A full listing of the types and locations of roadblocks can be found here. It is important to keep in mind that even if the checkpoint is for a seat belt or no driver’s license, the law enforcement agent will be looking for any sign of an impaired driver.
If the law enforcement agent suspects a driver is impaired, or Driving Under the Influence (DUI), the law enforcement agent may ask the driver to exit the vehicle and perform several tests known as “field sobriety tests.” Furthermore, the law enforcement agent may request a chemical test (breath or blood.) Any driver should be aware of their rights and possible consequences of refusing these requested tests.
Anyone arrested for DUI, or another related charge, should immediately contact a Tennessee DUI Lawyer familiar with Tennessee DUI laws. For more information about the crime of driving under the influence (DUI) or about your legal rights with respect to a Tennessee Highway Patrol checkpoint, Steve, Sara, or AZ 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.
Cinco de Mayo DUI and Traffic Enforcement
Posted by Sara Compher-Rice in Tennessee DUI Checkpoints, Tennessee DUI News on May 5th, 2015
The Tennessee Highway Patrol (THP) has increased traffic safety enforcement patrols, including driving under the influence (DUI) enforcement, for the Cinco de Mayo holiday period. The increased Tennessee DUI and traffic enforcement will continue through midnight on May 6, 2015.
In addition to this saturated DUI enforcement, the Tennessee Highway Patrol has also scheduled several roadside checkpoints in East Tennessee this week.
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A Driver’s License Checkpoint will be conducted on 5/5/2015 in Union County, State Route 33 at 61E.
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A Sobriety Checkpoint will take place on 5/8/15 in Knox County, State Route 33 at Loyston Road.
- A Driver’s License Checkpoint will be held in Roane County on 5/8/15, to be located on US 27 at Industrial Park Road.
A full list of Tennessee Highway Patrol sponsored roadside checkpoints can be found by clicking here.
If you find yourself in the situation of being accused of a DUI or other traffic offense, you should immediately contact a Tennessee DUI attorney familiar with Tennessee DUI and traffic laws. 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.
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.
Have a Happy and Safe St. Patrick’s Day!
Posted by Sara Compher-Rice in Tennessee DUI Information, Tennessee DUI News on March 17th, 2014
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. 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 you and your vehicle to a safe location within a 10-mile radius at no cost.
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.
Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws. For more information about the crime of DUI or about Tennessee traffic violations, Steve and Sara are available by calling 865-249-7200.
Upcoming East Tennessee THP Checkpoints
Posted by Sara Compher-Rice in Tennessee DUI Checkpoints, Tennessee DUI News on March 12th, 2014
The Tennessee Highway Patrol plans to implement several checkpoints across East Tennessee in the next few weeks. Tennessee Highway Patrol regulations allow for several types of checkpoints. In addition to the commonly known Sobriety Checkpoints or DUI Roadblocks, Troopers may also establish roadblocks relating to Seatbelt and Driver’s License laws. Be aware that even at seatbelt and driver’s license checkpoints, an officer may still be looking for impaired drivers.
If an officer suspects a driver of Driving Under the Influence (DUI), the officer might ask the driver to perform a series of field sobriety tests. The officer may also request a chemical test, such as a breath or blood test. Motorists should be aware of their rights and the potential consequences of refusing these tests.
Anyone arrested for DUI, or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws. For more information about the crime of DUI or about your legal rights with respect to a Tennessee Highway Patrol checkpoint, Steve and Sara 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.
Date | County | Location | Type |
3/12/14 | Knox | SR 33 @ Loyston Road | Seatbelt Checkpoint |
3/14/14 | Union | SR 33 @ SR 61 | Sobriety Checkpoint |
3/14/14 | Roane | Pine Ridge Road Near RR Tracks | Driver’s License Checkpoint |
3/14/14 | Blount | SR 336 @ Blockhouse Road | Driver’s License Checkpoint |
3/15/14 | Anderson | Sulphur Springs @ Laurel Road | Driver’s License Checkpoint |
3/16/14 | Anderson | Red Hill @ Park Lane | Driver’s License Checkpoint |
3/17/14 | Blount | SR 333 @ George Creek Boat Ramp | Sobriety Checkpoint |
3/19/14 | Loudon | I-75 North TH 76 MM Off Ramp | Seatbelt Checkpoint |
3/19/14 | Monroe | SR 322 @ I-75 S/B Exit Ramp | Seatbelt Checkpoint |
3/20/14 | Loudon | I-75 South 76 MM Off Ramp | Seatbelt Checkpoint |
3/20/14 | Monroe | SR 68 @ I-75 S/B Exit Ramp | Seatbelt Checkpoint |
3/21/14 | Roane | Highway 58 @ New Bridge | Seatbelt Checkpoint |
3/21/14 | Campbell | US 25 W @ Dog Creek Road | Seatbelt Checkpoint |
3/24/14 | Monroe | SR 369 @ Ballplay Road | DL |
3/26/14 | Union | Loyston Road @ Raccoon Valley Road | Seatbelt |
3/26/14 | Sevier | New Era Road @ South New Era Road | DL |
4/04/14 | Knox | West Emory Road @ Carpenter Road | Seatbelt |
4/25/14 | Knox | West Emory Road @ Gill Road | Sobriety |
Tennessee Highway Patrol Using Tractor Trailer to Catch Distracted Drivers
Posted by Sara Compher-Rice in Tennessee DUI News, Tennessee Traffic Violations on November 6th, 2013
As part of its new campaign to identify and cite drivers who are texting and driving, the Tennessee Highway Patrol has a new strategy to catch distracted drivers. They are using the THP tractor-trailer truck to get a higher, better look at what drivers are doing inside their vehicles in hopes that this vantage point will help spot those texting and driving. The troopers are able to spot other violations from the truck such as lane changes and seat belt violations, but the main focus of the campaign is texting and driving.
Interestingly, the new Tennessee Highway Patrol tractor-trailer has THP logos and roof-mounted emergency lights, just like a standard patrol vehicle. Once the driver of the tractor trailer spots a driver violating the law, they radio to another trooper who then makes the stop. The THP took the tractor-trailer to the roads recently for a special two-day enforcement campaign. In just two days, troopers issued 190 tickets using the big rig. Troopers cited 16 people for texting while driving, 21 for speeding, and 78 for not wearing a seatbelt. It is important to understand that a standard traffic violation can lead to a DUI arrest if the driver, once he or she is stopped, is suspected of Driving Under the Influence.
Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws. For more information about the crime of DUI or about Tennessee traffic violations, Steve and Sara 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.
Knoxville Area DUI Checkpoints Begin Thursday Night
Posted by Sara Compher-Rice in Tennessee DUI Checkpoints, Tennessee DUI News on July 3rd, 2013
The Tennessee Highway Patrol has issued a media release dated July 1, 2013 that details plans for an impaired driving enforcement campaign for the upcoming Fourth of July weekend. The Tennessee Highway Patrol plans to implement several checkpoints for the duration of the holiday weekend, which will include the standard sobriety checkpoints (DUI Roadblocks) and driver’s license checkpoints, as well as the more aggressive “no refusal” sobriety checkpoints.
At these checkpoint locations, every driver who passes through must be stopped and questioned by Troopers. During the stop, if the Troopers notice signs of drug and/or alcohol impairment you may be asked to exit your vehicle to perform certain roadside tasks (field sobriety tests).
Information about the dates and locations of the planned DUI checkpoints in the Knoxville area are included below and have been taken directly from the Tennessee Highway Patrol press release. Information for additional DUI roadblocks across Tennessee can be downloaded here.
Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws. For more information about the crime of DUI or about your legal rights with respect to a Tennessee Highway Patrol checkpoint, Steve and Sara 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.
DIST. 1 KNOXVILLE—Fourth of July Sobriety Checkpoints
* Indicates a No Refusal Sobriety Checkpoint; DL indicates a Driver’s License Checkpoint
THURSDAY, JULY 4
Checkpoint | County | Road/Highway | Time of Day |
DL CHECKPOINT | Loudon | EAST TELLICO PKWY NORTH OF 411 | Afternoon |
SOBRIETY* | Knox | CONCORD @ STATE ROUTE 332 | Late Night |
SOBRIETY* | Knox | STATE ROUTE 62 EAST @ STATE ROUTE 162 | Late Night |
FRIDAY, JULY 5:
Checkpoint | County | Road/Highway | Time of Day |
DL CHECKPOINT | Loudon | FOSTER RD @ BROWDER HILL & STEVENS RD | Afternoon |
SOBRIETY* | Knox | STATE ROUTE 131 @ CARPENTER RD | Night |
SOBRIETY* | Knox | MAYNARDVILLE RD @ FT. SUMTER RD | Night |
SOBRIETY | Roane | HWY 382 @ CHURCH OF LATTER DAY SAINTS | Night |
SOBRIETY | Sevier | US 411 @ STATE ROUTE 139 DOUGLAS DAM RD | Night |
SOBRIETY | Anderson | STATE ROUTE 61 @ VICTORY BAPTIST CHURCH | Night |
SATURDAY, JULY 6:
Checkpoint | County | Road/Highway | Time of Day |
DL CHECKPOINT | Morgan | STATE ROUTE 62 @ PETIT LANE | Morning |
DL CHECKPOINT | Campbell | SR 63 @ CAMPBELL/CLAIBORNE CO LINE | Night |
SOBRIETY | Blount | OLD KNOXVILLE HWY @ I-140 RAMP | Night |
SOBRIETY* | Sevier | SR 66 @ SR 139 DOUGLAS DAM RD | Late Night |
Knoxville Sobriety Checkpoint Scheduled for February 1, 2013
Posted by Sara Compher-Rice in Field Sobriety Tests, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News on February 1st, 2013
The Tennessee Highway Patrol (THP) continues its drunk driving enforcement with the use of sobriety checkpoints in the Knoxville. THP is scheduled to conduct a DUI Roadblock tonight, February 1, 2013 on Concord Road at Northshore Drive (State Route 332). Although specific times have not been released, the Tennessee Highway Patrol Media Release indicates that it will be conducted “Late Night.” The Knox County DUI Checkpoint is one among many in East Tennessee as part of the campaign, “Fans Don’t Let Fans Drive Drunk This Super Bowl Sunday.”
According to Tennessee Highway Patrol Colonel Tracy Trott, this will be the first THP “No Refusal” DUI enforcement on Super Bowl weekend. One purpose of Tennessee DUI Checkpoints is to deter motorists from driving while impaired by alcohol or drugs. We encourage you to arrange for a designated driver this weekend. AAA of East Tennessee is also offering their safe ride program for Super Bowl Sunday. AAA will tow your car within a 10 mile radius and provide you a safe ride home. To take advantage of this service, a AAA membership is not needed.
Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws. For more information about the crime of DUI or about your legal rights with respect to a Tennessee Highway Patrol checkpoint, Steve and Sara 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.
Revoked License Reporting Error
Posted by in Tennessee Driver's License, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI News, Tennessee Traffic Violations on January 25th, 2013
In accordance with a Tennessee state law that was passed in 2011, the Knox County government provided the Tennessee Department of Safety with a list of people who had failed to pay their litigation taxes and fines (often referred to as “court costs”) within one year after their criminal cases were resolved. As a result, nearly 1,300 motorists who faced a criminal offense in Knox County in 2012, including traffic offenses, received a letter earlier this month informing them that their driver licenses would be revoked for failing to timely pay their court costs. Unfortunately, as the Knox News Sentinel reported on January 25, 2013, officials recently discovered that many people should not have been included on the list submitted to the Department of Safety. According to the Knox News Sentinel, over 500 people never owed court costs or had timely completed their obligations to the court. Even though the Department of Safety has been notified of the error, the consequences of this mishap remain unclear. For more information about this developing story, read Clerical Error May Cause Wrongful Revocation of Driver’s License by our firm’s managing partner Steve Oberman.
It is important to note that Driving on a Revoked License is a criminal offense, and an officer may immediately arrest anyone found driving with a revoked license. Moreover, a person who drives while his or her license is revoked as the result of a DUI conviction will be made to serve at least 48 hours in jail if convicted of Driving on a Revoked License. Please contact Steve and Sara for further assistance if you have a question about your driver’s license. You may reach our attorneys by calling (865) 249-7200.
Wishing You a Safe & Happy New Year
Posted by Sara Compher-Rice in Tennessee DUI Information, Tennessee DUI News on December 27th, 2012
The Knoxville Police Department has announced plans for a “New Year Holiday Enforcement Campaign.” The increased enforcement will focus on motorists who are speeding, following too closely or driving recklessly, as well as those who show signs of impaired driving (driving under the influence). More information about the KPD holiday enforcement plans can be found by clicking here. The increased patrols will begin at 4 p.m. on New Year’s Eve and conclude at midnight on New Year’s Day.
Should you or a loved one be arrested for DUI (driving under the influence) or related charges, the attorneys at Oberman & Rice are available to assist you. You may contact Steve and Sara 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.
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.
Knox County, TN Sobriety Checkpoints
Posted by Steve Oberman in Tennessee DUI Checkpoints, Tennessee DUI News on November 5th, 2012
The Tennessee Highway Patrol is planning sobriety checkpoints in Knox County, Tennessee. These checkpoints are also frequently referred to as DUI roadblocks or DWI roadblocks. Prior to administering such a DUI roadblock, the police (THP in this case) are legally required to advise the public of the location and times of the roadblock/sobriety checkpoint.
The lawyers at Oberman & Rice would like to repeat the information publicized by the Knoxville News-Sentinel in reference to the location and times of the roadblocks. They are: Friday, November 9, 2012 starting at 11:00 PM on Maryville Pike at Mt. Olive Baptist Church South; and Friday, December 7, 2012 starting at 11 p.m. on Oak Ridge Highway at Pellissippi Parkway.
Please be on the lookout for and drive cautiously near these DUI roadblocks. There will likely be a lot of law enforcement personnel in the area.
Anyone detained and then arrested at a Tennessee Sobriety Checkpoint or Driver’s License Roadside Safety Checkpoint should immediately contact a Tennessee attorney familiar with DUI Roadblocks or Driver’s License Checkpoints. For more information about the crime of DUI or about your legal rights relating to a Tennessee Highway Patrol roadblock, Steve and Sara are available by calling (865) 249-7200.
DUI News From Across The Country
Posted by Sara Compher-Rice in Tennessee DUI News on July 13th, 2012
Driving Under the Influence (DUI) laws and issues may vary greatly from state to state. If you are interested in DUI laws and related news throughout the United States, visit the DUI News Blog. The DUI News Blog features DUI attorneys throughout the country, including Knoxville DUI Attorney Steve Oberman.
If you have questions about Tennessee DUI issues, you may call the Oberman & 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 »
Your blood can now be taken by someone not certified to do so.
Posted by Sara Compher-Rice in Chemical (Blood, Chemical Tests, Tennessee DUI Chemical Tests, Tennessee DUI Laws, Tennessee DUI News on April 12th, 2012
In his March 7, 2012 post, Steve Oberman posed the question, “Would you want your blood taken by someone not certified to do so?” He was referring to Tennessee Senate Bill 2787/House Bill 2858, which eliminates the requirement that a phlebotomist permitted to draw blood from a Tennessee DUI suspect be certified or nationally registered. I am sorry to report that this bill passed, becoming Public Chapter No. 0666, and became effective on April 4, 2012.
This new law allows blood to be drawn by a “trained phlebotomist who is operating under a hospital protocol, has completed phlebotomy training through an educational entity providing such training, or has been properly trained by a current or former employer to draw blood.” The website www.phlebotomycertificationguide.com explains the typical certification process for phlebotomists and provides training course length than ranges from 4 to 24 months. As discussed in Steve’s previous post, Tennessee law does not specify the amount of training required. Certainly a very minimal amount of training could qualify one under this new law considering the fact that the person need only receive training from “a current or former employer.”
The lawyers at Oberman & Rice continue to monitor pending legislation that impacts the criminally accused, paying particular attention to those involving Tennessee DUI cases. Should you have any questions about a pending Tennessee DUI law or 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.
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.
Spring 2012 Sobriety and Safety Checkpoints In Knox County
Posted by in Hiring a Tennessee DUI Attorney, Tennessee Driver's License, Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News, Uncategorized on March 6th, 2012
The Tennessee Highway Patrol has announced plans to conduct at least six checkpoints over the next two months, from March 9 through April 20, 2012. The planned checkpoints are not always labeled Sobriety Checkpoints or DUI Roadblocks. Some checkpoints are referred to as Driver’s License Roadside Safety Checkpoints.
It is important for Tennessee motorist to understand that even if a checkpoint is designed to verify driver’s licenses, the Troopers conducting the stops are trained to detect and investigate those drivers they suspect of Driving Under the Influence (DUI). For instance, the THP participates in the Governor’s Highway Safety Office campaign–Booze It & Lose It!
The announced locations for checkpoints, as reported in the Knoxville News Sentinel, are:
Friday, March 9 – Schaad Road – West of Pleasant Ridge Road
Friday, March 23 – Oak Ridge Highway (Route 62) – East of Pellissippi Parkway (Route 162)
Friday, April 6 – Maynardville Highway (Route 33) – At Loyston Road
Friday, April 13 – Schaad Road – West of Pleasant Ridge Road
Friday, April 20 – Schaad Road – West of Pleasant Ridge Road
Anyone detained and then arrested at a Sobriety Checkpoint or Driver’s License Roadside Safety Checkpoint should immediately contact a Tennessee attorney familiar with DUI Roadblocks or Driver’s License Checkpoints. For more information about the crime of DUI or about your legal rights relating to a Tennessee Highway Patrol roadblock, Sara, Steve, or Nate are available by calling (865) 249-7200.
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]
In an Average Year 30 Million Americans Drive Drunk – 10 Million Drive Impaired by Illicit Drugs
Posted by Steve Oberman in Tennessee DUI Information, Tennessee DUI News on December 13th, 2010
On Dec. 9 2010, the Substance Abuse and Mental Health Services Administration of the US government (SAMHSA) indicated that on average 13.2 percent of all persons 16 or older drove under the influence of alcohol and 4.3 percent of this age group drove under the influence of illicit drugs in the past year.
This self reporting survey reported dramatic differences among age groups. Younger drivers aged 16 to 25 had a much higher rate of drunk driving than those aged 26 or older (19.5 percent versus 11.8 percent).
Similarly, people aged 16 to 25 had a much higher rate of driving under the influence of illicit drugs than those aged 26 or older (11.4 percent versus 2.8 percent).
The good news reported in the survey is that there has been a reduction in the rate of drunk and drugged driving in the past few years. When compared to the survey data from 2002 through 2005, the data gathered from 2006 to 2009 indicate that the average yearly rate of drunk driving has declined from 14.6 percent to 13.2 percent, while the average yearly rate of drugged driving has decreased from 4.8 percent to 4.3 percent. This National Survey on Drug Use and Health involved responses from more than 423,000 respondents aged 16 or over.
A copy of the entire government report is accessible at: http://oas.samhsa.gov/2k10/205/DruggedDriving.cfm.
For the latest information about the public health risks of alcohol misuse one can go to https://www.samhsa.gov/underage-drinking-topic. This site provides updated information about the risks, such as drunk driving, as well as new and effective prevention strategies and activities.
In addition, the National Highway Traffic Safety Administration has a Web site at http://www.stopimpaireddriving.org/ that provides detailed information about the dangers of drunk and drugged driving and what can be done to help combat the problem.
Can Your Prior DUI Conviction Be Used Against You?
Posted by Sara Compher-Rice in Tennessee DUI Laws, Tennessee DUI News, Tennessee DUI Penalties on November 2nd, 2010
If you have been arrested for DUI/DWI in Tennessee, how do you know if a prior DUI or DWI conviction may be used against you to increase your punishment? Tennessee law establishes a “look-back” period to determine whether your prior offense will be used to enhance your Tennessee DUI sentence (i.e. to a TN DUI 2nd offense, Tennessee DUI 3rd offense, etc.). For Tennessee DUI offenses committed on or after July 1, 2010, the way in which this “look-back” period is calculated has changed:
Tennessee DUI offenses prior to July 1, 2010: Calculate from the date of conviction on the prior offense to the date of conviction on the current TN DUI charge.
Tennessee DUI offenses on or after July 1, 2010: Calculate from the date of the offense of the prior DUI conviction to the date of the offense for the current DUI charge.
These changes can be found in Tennessee Public Chapter Number 1080, which amended Tennessee Code Annotated § 55-10-403(a)(3). The full text of all Tennessee Public Chapters can be found by visiting http://tnsos.org/acts/PublicActs.106th.php?showall.
For more information about this new Tennessee DUI law, you may contact the Oberman & Rice Law Firm, Knoxville, TN DUI lawyers, at 865-249-7200 or visit us at www.tndui.com or www.duiknoxville.com.
Exercise your Right to Remain Silent
Posted by Steve Oberman in Legal Rights, Tennessee DUI Information, Tennessee DUI News on November 3rd, 2009
Yesterday we addressed one category of DUI anomalies–driving unusual vehicles under the influence–but today we address a different type of anomaly, that of the self-reported DUI offense. According to an article from AOL yesterday, a Wisconsin woman reported herself to the authorities for driving under the influence.
Her motivation for doing so is not entirely clear, whether it was a moralistic admission of guilt, unusual behavior provoked by intoxication, or a combination of both.
Reporting one’s own DUI is a surefire way of being charged with the offense and therefore of dealing with it through the court system. Sometimes it is best to pull over in a safe area, take the key out of the ignition and place it outside the vehicle, then call a friend or family member to come get you and/or the car. Naturally, however, the most responsible option is to avoid driving under the influence altogether.
For more information about the crime of DUI in Tennessee and its consequences, feel free to contact The Oberman Law Firm at (865) 249-7200.
Can You Get a Tennessee DUI on a Motorized La-Z-Boy?
Posted by Sara Compher-Rice in Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI News on November 2nd, 2009
Recent headlines have read:
“Man Charged with Drunk Driving on a Bar Stool”
“Man Arrested For Driving Lawnmower While Drunk”
These may seem like humorous headlines out of Minnesota, Ohio, and Florida, but these cases are no laughing matter. The chair, bar stool and lawnmower in the above-referenced stories all fall within the legal definition of a motor driven vehicle under Tennessee law. Tennessee DUI laws, in relevant part, prohibit a person from driving or being in physical control of any automobile or other motor driven vehicle while under the influence. See Tennessee Code Annotated § 55-10-401.
Although the Tennessee legislature has not clearly defined “automobile” or “motor driven vehicle,” Tennessee courts have held that the term “automobile” refers to any “self propelled” vehicle. See State v. Freels, 190 S.W. 454 (Tenn. 1916). Accordingly, any motorized form of transportation, including a car, a lawnmower, a scooter, or even a motorized cooler would fall within the Tennessee DUI statute.
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.
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.