Archive for category Tennessee DUI Penalties
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.
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
2015 Update – Two Legislative Proposals Regarding DUI & Alcohol in Tennessee
Posted by Steve Oberman in DUI Penalties, DUI Third Offense, Tennessee Driver's License, Tennessee DUI Laws on March 14th, 2015
During the 2015 legislative term, Tennessee lawmakers have proposed two separate bills that address the use of alcohol. Designed with safety as a primary concern, Senate Bill 0699 and Senate Bill 0374 each address the consequences of what can happen when alcohol is misused. Similar House bills have been introduced as well.
Senate Bill 0699 attempts to lower the number of Driving Under the Influence offenses by banning third-time (or more) DUI offenders from purchasing alcohol. Those persons convicted of three DUI offenses will have a special indication on their driver’s license or state ID with the words “NO ALCOHOL SALES.” This particular bill was introduced in response to concern about a growing number of people who have been arrested for a third DUI offense in the state of Tennessee. Specifically, 751 received a third DUI offense in 2014; however, in 2015, that number is expected to grow to 900.
Senate Bill 0374 addresses a new form of intoxicant – crystalline and powdered alcohol. This particular bill would altogether ban crystalline and powdered alcohol in Tennessee, without qualification. Because these substances prove easily accessible and susceptible to abuse (specifically by mixing into food and beverages, with or without another person’s knowledge), Tennessee and a growing number of states have disallowed this new substance.
If these proposals are passed, Tennessee will have implemented innovative measures to attempt to regulate alcohol use within the state. Mr. Oberman extends his appreciation to Kaya Porter, second year UT law student, for her assistance in researching and editing this blog post.
If accused of driving under the influence, it is important to immediately consult with a Tennessee DUI attorney familiar with Tennessee DUI laws and the issues surrounding DUI defense. 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.
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.
DUI Vehicle Forfeiture: What you should know if you receive a “Notice of Seizure”
Posted by in Court Procedures, DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Forfeiture, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI Penalties, Tennessee Traffic Violations on October 13th, 2012
The Tennessee Department of Safety, through law enforcement officers, may seize the vehicle of anyone suspected of multiple DUIs. A vehicle may also be seized from anyone found to be driving on a revoked, cancelled, or suspended license if the reason for the revoked, cancelled, or suspended license was a DUI conviction. In other words, a person convicted of a DUI risks vehicle seizure if he or she is found to be driving without a valid license or is suspected of DUI, regardless of whether there is a conviction.
When a citizen’s property is seized, the government, which is typically be represented by the Tennessee Department of Safety in cases involving vehicle and asset forfeiture, must follow the rules. Multiple state laws, court cases, and administrative rules govern the forfeiture process. Furthermore, constitutional protections against unreasonable searches and seizures and against excessive fines may apply to forfeiture proceedings just as they do criminal proceedings.
The Department of Safety rules and regulations are complicated and often intimidating. Nevertheless, failure to take action within strict time limits may result in the loss of property rights. If you or someone you know has had property seized by law enforcement, it is important to contact a Tennessee criminal attorney immediately. You may contact Steve and Sara by calling (865) 249-7200. You may also wish to review our website for additional information about forfeitures.
[Source: T.C.A. Section 55-10-401 et seq., Williams v. State Dept. of Safety, 854 S.W.2d 102 (Tenn. Ct. App. 1993), Stuart v. State Dept. of Safety, 963 S.W.2d 28 (Tenn. 1998)]
DUI: Misdemeanor or Felony?
Posted by in DUI First Offense Penalties, DUI Penalties, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI Penalties, Uncategorized on October 2nd, 2012
A First Offense DUI in Tennessee is always a Misdemeanor (sentence of less than 1 year in jail) if no accidents, injuries, or deaths result from the offense. However, all DUI convictions require defendants to serve at least 48 hours in jail, which is a harsher punishment than a defendant would receive for most other Misdemeanors.
Even though Second and Third Offense DUIs are charged as misdemeanors, the mandatory minimum sentences are 45 and 120 days respectively for Second and Third Offenses. A Fourth or subsequent DUI Offense is a Felony Offense (sentence of 1 year or more in jail) and, upon conviction, requires that a defendant serve 150 days in jail. These mandatory jail sentences are significantly harsher than mandatory minimum sentences for nearly every other Misdemeanor Offense.
Jail time is one of many penalties that are unique to DUI. Please visit TNDUI.COM for more details about the penalties for DUI offenses in Tennessee. A Tennessee DUI attorney can help you avoid the harshest punishment. Please contact Knoxville DUI attorneys Steve and Sara at (865) 249-7200 if you have any DUI-related questions.
[Source: T.C.A. 55-10-403]
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.
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.
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 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.
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.
As of July 1, 2010, a DUI Conviction Costs You More
Posted by Sara Compher-Rice in DUI Penalties, Tennessee DUI Laws, Tennessee DUI Penalties on November 8th, 2010
Among the new and updated DUI/DWI-related laws generated from the Tennessee 106th General Assembly (2010) is the requirement that each person convicted of a TN DUI charge be taxed a $40.00 Ignition Interlock Device (IID) fee. The purpose of the fee is to fund the Ignition Interlock Fund, which is being created to pay for installation and maintenance of the ignition interlock device for indigent defendants in certain circumstances. The $40.00 IID fee is the second court cost increase for Tennessee DUI convictions to be mandated by the Tennessee Legislature this past year. See my June 20, 2010 post, Where Does the Chemical Test Fee Go?, for information on the other fee increase.
In the coming weeks Tennessee DUI Center will continue to provide information on the new and/or updated Tennessee DUI/DWI laws. Please check back each week for a new highlighted law. In the meantime, if you have any questions about Tennessee DUI laws or DUI/DWI-related matters, feel free to contact Steve or Sara at 865-249-7200 or visit us online at either www.tndui.com or www.duiknoxville.com.
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.
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.
Tennessee Licensees Should Beware of Out of State Convictions
Posted by Sara Compher-Rice in DUI Penalties, Tennessee DUI Consequences, Tennessee DUI Penalties on November 19th, 2009
Anytime a Tennessee resident is charged with a crime in another state, it is wise to consult with a Tennessee lawyer to determine any Tennessee consequences that may be experienced as a result of an out of state conviction. This is especially true when charged with Driving Under the Influence (DUI, also often referred to in other states as a DWI, OUI, OWI, etc.).
When facing a conviction out of state, your lawyer and even the judge pronouncing judgment are required to inform you of certain consequences of the conviction. However, they are generally not required and are unlikely to inform you of any action the state of Tennessee may take against you as a result of a conviction. Accordingly, it is imperative that you consult with an experienced Tennessee DUI lawyer who can properly advise you. You should contact a Tennessee DUI attorney as soon as you can. Oftentimes, waiting to contact a DUI attorney in Tennessee until after you have been convicted is too late.
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.
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.
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.
Can My Tennessee DUI Conviction be Erased from My Record?
Posted by Sara Compher-Rice in Tennessee DUI Penalties, Uncategorized on January 26th, 2009
A typical misconception in our society is that criminal convictions, including Tennessee DUI convictions, can be erased from a criminal record. Tennessee law allows for a charge to be expunged, or erased, from one’s record only if the charge has been dismissed. The passage of time alone, even for years, will not be sufficient to allow for expungement under Tennessee law. This is why it is so important to obtain the best possible representation as soon as possible after a DUI, traffic or other criminal charge has been brought against you. Once convicted, the record of that conviction remains on your criminal history forever – possibly causing the loss of job opportunities, and affecting one’s ability and or the rates of life and health insurance.
Once a charge is dismissed (whether by agreement, acquittal a “no true bill” or executive clemency), specific procedures must be followed to request expunction of public records relating to the arrest. To ensure that the proper procedures are followed, one should retain a lawyer to assist with the process. The process, however, can take up to 12 weeks due to the necessity of obtaining the necessary approval of the prosecution, the judge, and the various law enforcement agencies involved.
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