Year: 2012
Reliability of breath test device and DUI charges challenged
Any DUI defense attorney can attest to the fact that machines are not fail-proof. Law enforcement and prosecutors like to think that devices such as breath tests are what prove a DUI suspect’s guilt or innocence. But experienced drunk driving attorneys in Tennessee and across the country know better. If someone is pulled over and
Teens forced to submit to breath test to enter homecoming dance
As adults, most of us likely remember this time of year when we were in high school. Sure, it may have been a bummer that school was in session, but there was also the excitement of the football season and the homecoming dance. Homecoming is generally the first dance of the year and provides memories
Significant increase in Tennessee DUI arrests
There has been a substantial increase in Tennessee DUI arrests this year. Despite more drunk driving arrests, however, there has been a rise in traffic fatalities in the state. During the first nine months of 2012 the Tennessee Highway Patrol (THP) made 4,349 DUI arrests across the state. This represents an almost 25 percent increase
U.S. Supreme Court to address question of warrantless blood tests
Over the past months we have discussed Tennessee’s new “No Refusal” policy throughout several posts. If police suspect a driver of operating a vehicle under the influence of alcohol, and the driver refuses to submit to a blood alcohol content (BAC) test, the law gives police the ability to request a search warrant to force
First-time Tennessee DUI offenders face lifetime of consequences
A recent opinion piece in The Tennessean expressed frustration about the severity of Tennessee’s treatment of first-time DUI offenders. The concerns expressed are likely shared by many in the state who feel people deserve a second chance after making a mistake. The piece started out by criticizing a supposed deal cut by a Tennessee Congressman facing DUI
Tennessee Safety Commissioner Said DUI Laws Need Streamlining
This past Tuesday, Tennessee Safety Commissioner Bill Gibbons advocated for streamlining the state’s lengthy DUI laws. He explained that since lawmakers have routinely added to the laws throughout the past years, the result has been an overly complex patchwork of laws pertaining to Tennessee DUI offenses. “What we’re looking at is trying to possibly streamline
Do I Have to Take Standard Field Sobriety Tests?
Most people have probably heard about, seen or experienced the variety of tests police give to suspected drunk drivers to try to determine if individuals are impaired. These tests are collectively referred to as standard field sobriety tests (SFST). Many people may be surprised to learn that they may refuse an officer’s request to take
Feds Push for More Ignition Interlocks in DUI Cases
Several months ago, we discuss how an insurance group was advocating for wider use of ignition interlocks in DUI cases. Now federal officials have gotten involved in the issue, and are trying to entice states to adopt laws requiring even first-time drunk driving offenders to install ignition interlock devices in their vehicles. The administrator of
Tennessee’s DUI Law: More Than Automobiles and Alcohol
When most people think of a DUI they think of a person driving a car under the influence of alcohol. Tennessee’s DUI law, however, encompasses many more activities besides driving an automobile after drinking. A Tennessee man recently learned this the hard way. The 48-year-old man was charged with drunk driving after a deputy saw
“Scarlet Letter” Plates Becoming Popular DUI Punishment in Some States
Imagine that you have been convicted of a DUI. You serve a short jail sentence, pay a large fine, and your license is suspended. You have paid for your mistake and you are ready to move on with your life. But wait-you are now told that you must put a special license plate on your