This monthly blog is written to advise those individuals who consume alcoholic beverages and either drives an automobile on the streets and highways of Tennessee or are in apparent control of said vehicle of their statutory and constitutional rights under the federal and state constitutions.
Rule No. 1 – “Don’t drink and drive.”
This may sound strange coming from a law firm that handles many DUI every year in the Criminal and General Sessions Court, and Criminal Courts in Tennessee.
However, the simple fact is that if you have the odor of alcohol on your breath you are going to jail for the following reasons:
1. If an officer doesn’t charge a person who has alcohol on their breath, releases them to drive home, and then has a wreck and kills or harms other drivers, the law enforcement agency may be civilly liable for damages.
2. Local law enforcement agencies receive substantial financial grants from the National Highway Safety Transportation Administration (NHSTA) and the Governor’s Highway Safety Council that allow them to purchase automobiles and video equipment, breath testing machines, and pay for officers to attend training seminars, and which also helps NHSTA evaluate the number of arrests and convictions in alcohol-related offenses to use in getting more money from state legislatures and Congress.
3. The frequent use of video equipment, special DUI squads and DUI special prosecutors as the result of number two above greatly limits the exercise of discretion by patrol officers to allow someone to be released short of arrest or to allow someone to drive the suspect home in even borderline cases.
This blog will be updated frequently to stay abreast of developments in DUI cases in Tennessee.
We will discuss in greater detail each subject mentioned under the “Articles” section of our new website entitled, “Ways to Minimize the Possibility of a DUI Conviction” and respectfully direct you to that source or contact us with any questions.
“Remember Rule No. 1 above.”
February, 2012 #1