Staying Alive on I-75

The Tennessee Highway Patrol is participating in a six state effort to enforce traffic laws on Interstate 75 this weekend.

I-75 , which runs through Knoxville, stretches all the way from Miami to Canada.  According to WATE-TV News in Knoxville, all six states that share I-75 will be participating in a program entitled “Staying Alive on I-75” this weekend, March 28-30, 2014.  This is part of a nationwide effort to reduce traffic fatalities.  Motorists can expect to see an increase in the number of police officers, including members of the Tennessee Highway Patrol, along the I-75 corridor.  Officers will be looking for distracted drivers, those breaking traffic rules, and anyone suspected of driving under the influence (DUI).

Among the six states participating are Tennessee, Kentucky, and Michigan.  College basketball fans know that for these states, all roads lead to Indianapolis this weekend.  Knoxville fans headed to Indy will be driving I-75 for much of the trip.  It is important to remember to obey all traffic laws and to never get behind the wheel if you have had too much to drink.

If you do find yourself in the situation of being accused of a DUI, you 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 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.

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Have a Happy and Safe St. Patrick’s Day!

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:

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.

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Upcoming East Tennessee THP Checkpoints

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

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Tennessee Motor Vehicle Driving Record (MVR) Now Available Online

Tennessee motorists can now obtain a Tennessee Driving History online.  As discussed in a previous post, Tennessee Driver License Reinstatement and Driving History, Tennesseeans were previously limited to obtaining this information by either submitting a request by mail or submitting a request in person at a Tennessee Driver Service Center.

A Tennessee licensee can obtain this Motor Vehicle Report (MVR), also often referred to as a Tennessee Driving History, by visiting https://apps.tn.gov/pmvr/.  The report costs $7, which may be paid by credit card or check card; however, a prepaid card is not an acceptable payment option.  The motorist will further need to provide the Driver name, date of birth, and Tennessee driver license number.

The Oberman & Rice law firm often deal with issues surrounding Tennessee driver licenses, relating to Tennessee DUI offenses, as well as other traffic issues.  Should you have any legal issues surrounding your Tennessee driver license, our attorneys,  Steve and Sara are be available to speak with you and can be reached by calling 865-249-7200.

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Tennessee Highway Patrol Using Tractor Trailer to Catch Distracted Drivers

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.

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Ignition Interlock Device Requirements Under the New Tennessee DUI Laws

Below is a brief outline of some of the most frequently asked questions regarding ignition interlock device requirements as a result of the new Tennessee DUI Laws that became effective July 1, 2013 and apply to those arrested for a Tennessee DUI on or after that date.

Is an ignition interlock device (IID) now required with every DUI conviction?

The new Tennessee Law provisions do not require an IID for every DUI offender who applies for a restricted driver’s license.

What are the IID requirements with a DUI 1st offense conviction?

The use of an IID is not required with every Tennessee DUI conviction.  Rather, one of the prerequisites listed below must be present to require the use of an IID.  For instance, an IID is not required if a person refuses a chemical test (blood, breath, or urine test) and is convicted of DUI unless certain other factors are present.  Other factors may prevent the mandatory IID requirement. Accordingly, it is important to carefully review the details of your case with your Tennessee DUI attorney.

When obtaining a restricted driver’s license following a conviction for DUI 1st offense, motorists are required to operate only vehicles equipped with an ignition interlock device when:

  1. The person’s blood or breath alcohol concentration is .08% or higher;
  2. The person’s blood or breath alcohol concentration contains a combination of any amount of alcohol and marijuana, a controlled substance, controlled substance analogue, drug, or any substance affecting the central nervous system;
  3. The person was accompanied by a person under the age of 18 at the time of the DUI offense;
  4. The person was involved in a traffic accident for which notice to a law enforcement officer was required, and the accident was the proximate cause of the person’s intoxication; or
  5. The person violated the implied consent law and has a prior conviction or juvenile delinquency for a violation that occurred within five years of the instant implied consent violation for:
    1. Implied consent under Tennessee Code Annotated § 55-10-406;
    2. Underage driving while impaired under Tennessee Code Annotated § 55-10-415;
    3. The open container law under Tennessee Code Annotated § 55-10-416; or
    4. Reckless driving under Tennessee Code Annotated § 55-10-205, if the charged offense was Tennessee Code Annotated § 55-10-401.

It should be noted that even if not required by statute, judges have discretion to order the use of an ignition interlock device upon application for any restricted Tennessee driver’s license. A motorist may also request the court to order an IID rather than have her permitted driving restricted to certain days, times and locations. However, unless ordered of the court’s own accord, motorists are not eligible to apply for ignition interlock fund assistance and are responsible for all costs associated with the installation and maintenance of the device.

What are the IID requirements with a DUI 2nd or greater offense conviction?

If a person has a prior conviction within the past 10 years for DUI or Adult DWI in Tennessee or a similar offense in another jurisdiction, the court may order a restricted driver’s license.  However, the court must order that the person operate only a vehicle equipped with an ignition interlock device.

Does a violation of the Implied Consent law require the use of an IID with a restricted driver’s license?

A refusal under the Implied Consent law does not automatically trigger the requirement for an IID.  In fact, no ignition interlock device is required unless the person (1) is found to have violated the Tennessee Implied Consent law; (2) is convicted of the related-DUI offense (assuming it is a first offense); and (3) has one of the qualifying prior convictions as noted above.

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 ignition interlock device requirements, 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.

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Knoxville Area DUI Checkpoints Begin Thursday Night

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

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Fourth of July “No Refusal” Weekend in Tennessee

The Tennessee Highway Patrol and the Tennessee Department of Safety and Homeland Security have issued a media release dated July 1, 2013 that details plans for an impaired driving enforcement campaign for the upcoming Fourth of July weekend.  According to the release, in 2012, twenty-one people died in 17 crashes on Tennessee roadways during the Fourth of July holiday period.  In an effort to increase the safety and decrease the fatalities of motorists on the roads over the 2012 4th of July holiday, the Tennessee Highway Patrol plans to use aggressive “No Refusal” enforcement.

This “No Refusal” enforcement refers to the use of chemical tests (blood, breath, or urine) that determine the concentration of intoxicants in a person’s system.  These tests will be administered by troopers after a Tennessee DUI arrest to pinpoint the arrestee’s degree of intoxication.  Generally, Tennessee officers will offer an arrestee the ability to refuse to submit to these chemical tests.  However, if an arrestee does refuse to submit to a test, Tennessee law provides that the officer can obtain a search warrant to forcefully obtain the requisite sample.

During “No Refusal” enforcement periods, like this holiday weekend, the Tennessee Highway Patrol typically has a Tennessee judge (or judges) on call.  If an arrestee refuses to submit to a chemical test, and if the judge determines that the requisite legal grounds exist, a search warrant can be obtained that 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.  Many of the sobriety checkpoints that are scheduled for this holiday weekend are “no refusal” sobriety checkpoints.

This increased enforcement is set to begin at 6pm on Wednesday, July 3, 2013 and to end at 11:59pm on Sunday, July 7, 2013.

More information about the Tennessee Implied Consent Law can be found by visiting our website or in the prior blog post, “Tennessee DUI No Refusal Weekends.” You may also contact our attorneys, Steve and Sara, by calling 865-249-7200. Even during this busy holiday season, the attorneys at Oberman & Rice are available to speak with you 24/7.

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U.S. Supreme Court Requires Search Warrants for Blood Draws in Many DUI Cases

Tennesseans charged with the crime of Drunk Driving (DUI/DWI) may have a new defense.  On April 17, 2013 the United States Supreme Court ruled, “… in drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.” Instead, the court determined that exigency in this context must be determined on an individual basis dependent on the totality of the circumstances in each case.  See Missouri v. McNeely (Docket No. 11-1425).

So what does this mean for Tennessee DUI defendants?

First, a ruling by the U.S. Supreme Court sets forth the minimum privacy rights guaranteed by our federal Constitution.  Tennessee Courts are required by law to follow the ruling of this decision.

Second, if a person suspected of a DUI in Tennessee decides to invoke his or her right to refuse the arresting officer’s request for a blood sample, it is likely that the officer will need to obtain a search warrant in order to legally proceed to obtain a blood sample over the suspect’s objection.  If a blood sample is obtained without a search warrant even if the suspect refused, and there is no justification of urgency based upon the facts of the case, the blood test results may be inadmissible as evidence against the suspect.

As a result of this Supreme Court decision, some Tennessee law enforcement agencies are now obtaining a search warrant in every instance where a blood test is appropriate.  Should this occur in your DUI case, the Tennessee Statute (T.C.A. or Tennessee Code Annotated) that authorizes refusal of a chemical test (T.C.A. 55-10-406) is trumped by the search warrant and the suspect should cooperate with the officer in order to avoid a physically compelled withdrawal of one’s blood.

The legal analysis to be applied in each case can be complicated.  It is therefore important for someone charged with the offense of DUI to hire a lawyer familiar with this issue.  I am proud to state that in the McNeely opinion, the concurring and dissenting opinion written by Chief Justice Roberts referred to the legal text, Drunk Driving Defense, in a footnote.  As regular readers of this blog know, this text is co-authored by Lawrence Taylor (California DUI attorney) and the managing partner of this law firm.  Should you find yourself in need of a Tennessee attorney, the DUI defense lawyers at Oberman & Rice are ready to assist you.  Our lawyers can also be reached by calling (865) 249-7200.

 

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All lawyers were not created equal — Hiring a Tennessee DUI Lawyer

Choosing the right Tennessee DUI lawyer is a critical decision that must be taken seriously.  A Driving Under the Influence charge is often the first interaction many people have with the criminal justice system, which naturally leads to stress and uncertainty about the criminal process and possible repercussions.  Many people often receive a flood of mail following a DUI arrest from attorneys, but it makes sense to carefully consider all options.

If you hire a lawyer and become dissatisfied with your choice, while your case is pending or even after a DUI conviction, it may be difficult to retain a different DUI attorney.  For instance, because it is so important to begin investigating a DUI quickly, our office is often reluctant to to take a case after another lawyer has been retained and precious time to investigate has been lost.   Therefore, the first decision should be made after considering the following:

  1. What is the focus of the attorney’s practice?  Are they, and for how long have they been primarily devoted to DUI defense?
  2. Has the lawyer had any complaints filed against him or her?
  3. What books and articles has the attorney published?
  4. Did the DUI attorney graduate from an ABA accredited law school?
  5. Has the Tennessee Commission on CLE & Specialization and the National College for DUI Defense certified the attorney as a DUI Defense Specialist?
  6. What reviews has the attorney received from lawyer review agencies like Avvo?
  7. Has the lawyer achieved Martindale-Hubbell’s™ prestigious “AV” (very high to preeminent) rating?
  8. When and how often has the attorney lectured to his or her peers about DUI Defense?

We encourage prospective clients to devote the appropriate time, usually 2 hours, to properly investigate and speak with an attorney about their case.  In our office, Steve and Sara are available every day of the year to discuss pending DUI charges.  Please contact us at 865-249-7200 with any questions.

 

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