How Do I Reinstate My Tennessee Driving Privileges?

Tennessee residents who have had their driving privileges revoked or suspended because of a Driving Under the Influence conviction (or because of other traffic issues) often want to know the steps required to reinstate their Tennessee driving privileges. There is no “one-size-fits-all” answer, however, because the requirements are unique for each individual and depend on the circumstances of the revocation or suspension.

Fortunately, the State of Tennessee has made it quite easy to answer this question. By visiting the following website and entering certain key information (last name, date of birth, Tennessee driver license/I.D. number, and Social Security Number), Tennessee residents may discover the individual requirements that they need to satisfy before the Department of Safety will reinstate their driver license. This website allows individuals to not only discover the reinstatement requirements if their driving privileges have been revoked, but one may also add an emergency contact to their license, order a duplicate license, document a change of address, or even obtain a driving history.

The Oberman & Rice law firm often deals with issues involving Tennessee driver licenses, often relating to Tennessee DUI offenses or other traffic issues.  Should you have any legal issues regarding your Tennessee driver license, our attorneys, Steve, Sara, and A.Z. are available to speak with you and can be reached by calling (865) 249-7200.

, , , , , , , , , , , , , , , , , , , , , ,

No Comments

THP Checkpoints Planned for Labor Day 2016 Weekend

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.

, , , , , , ,

No Comments

THP DUI Checkpoints Planned for July 4th 2016 Weekend

From 12:01 AM until midnight on July 4, the Tennessee Highway Patrol will have increased DUI enforcement in several counties.  Saturation patrols, sobriety checkpoints and seat belt checkpoints will be conducted in selected counties across the state.

Some counties will also have measures in place to expedite the process of an officer obtaining a search warrant to obtain a blood sample.  These counties are called “No Refusal Counties.”  This is a misnomer since an officer may obtain a search warrant at any time, not just on certain weekends or in certain counties.

A .pdf  schedule of checkpoints across Tennessee may be accessed by clicking this link: July 1-6 2016 THP checkpoints

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.

No Comments

Increased Jail Time for Some DUI Offenders in Tennessee

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

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

Tennessee Drivers Beware

The start of 2016 brings the renewal of DUI enforcement grants to Tennessee.  Across the state, law enforcement agencies are gearing back up to arrest those suspected of DUI.  Yesterday, Jamie Dexter of the “Stewart Houston Times” (See http://www.theleafchronicle.com/story/news/local/stewart-houston/2016/01/26/houston-commission-approves-grants/79364862/) reported that Houston County in northwest Tennessee received almost $5,000 from the Tennessee Department of Transportation to “crack down” on DUI offenders.  These grants are not often publicized, but are presented to many law enforcement agencies across the State of Tennessee by both the Tennessee Department of Transportation, the National Traffic Safety Administration, other governmental agencies and some private organizations.

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.

, , , ,

No Comments

“No Refusal” DUI Enforcement During New Year’s Eve Holiday

The Tennessee Highway Patrol and the Tennessee Department of Safety and Homeland Security have issued a media release dated December 30, 2015 that details plans for an impaired driving enforcement campaign for the upcoming New Year’s holiday period.  According to the release, in 2014, nine people died in 9 crashes on Tennessee roadways during the New Year’s holiday period.  In an effort to increase the safety and decrease the fatalities of motorists on the roads over the 2015-16 New Year’s 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 required by troopers after a Tennessee DUI arrest to pinpoint the arrestee’s degree of intoxication.  Generally, Tennessee law enforcement 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.

This increased enforcement is set to begin at 12:01 am on Thursday, December 31, 2015 and to end at 11:59 pm on Monday, January 4, 2016.  State Troopers will also perform saturation traffic patrols, sobriety checkpoints, and bar/tavern checks during this holiday period.

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, SteveSara, and AZ by calling 865-249-7200. Even during this busy holiday season, the attorneys at Oberman & Rice are available to speak with you 24/7.

, , , , , , , , , , , , ,

No Comments

Update: Tennessee Driver License Reinstatement and Driving History

The Tennessee Department of Safety (TDOS) has updated their website to allow for individuals seeking a driver’s license reinstatement (e.g. following a revocation for a Tennessee DUI conviction) instant access to check the status of their driver’s license. This website will also allow for: Adding an Emergency Contact; Changing your Address; and the Ability to View any Reinstatement Requirements. Please keep in mind that you must have the following information in order to begin the process of accessing your driver’s license status: Tennessee Driver License/ID Number; Last Name; Last four (4) Digits of your Social Security Number; and Date of Birth. If you are unable to have access to the Internet, you may always call the TDOS at 1-866-903-7357. Tennessee drivers who have their license suspended or revoked should take advantage of this resource.

The Tennessee Department of Safety also provides resources for someone to obtain a copy of a Tennessee Driver Record/Driving History/ Motor Vehicle Record (or Tennessee MVR) online. You may also visit a full service Driver Service Center for a copy of your MVR (a list of these centers may be found here.) The following information on obtaining a copy of one’s driving record comes from the TDOS’s website:

You will need the following information to request your MVR online:

  • Name
  • Date of Birth
  • TN Driver’s License Number
  • Credit Card/Check card Payment of $7.00

 

If you choose to go to a Driver Service Center for a copy of your MVR you will need the following:

  • Name
  • Date of Birth
  • TN Driver’s License Number
  • $5.00 Payment

 

If you want someone else to obtain a copy of your MVR for you, you must submit a notarized statement authorizing that person to obtain the MVR.

You may also request a copy of your MVR by mail by mailing your request to:

                                    Tennessee Department of Safety & Homeland Security

                                    MVR Request

                                    PO BOX 945

                                    Nashville, Tennessee 37202

Please take note there is a $5.00 charge for a copy of a three-year driving record.   You may either send a cashier’s check or money order made payable to Tennessee Department of Homeland Security. Please include the Driver’s Name; Birth Date; and TN Driver’s License Number. It will take about two weeks from the mailing date to receive the record. The federal Driver Privacy Protection Act (DPPA) prohibits the release of personal identifying information from driver license and vehicle registration records unless an individual submits a form requesting their records be open.

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.

, , , , , , , , , , , , , , ,

No Comments

Tennessee Labor Day Traffic Enforcement

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.

, , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

Cinco de Mayo DUI and Traffic Enforcement

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.

  • A Driver’s License Checkpoint will be conducted on 5/5/2015 in Union County, State Route 33 at 61E.
  • 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.

, , , , , , , , , , , , , , , , , , , , , , , , , , ,

No Comments

Where may I obtain a Tennessee Restricted Driver’s License?

In order to apply for a Tennessee Restricted Driver’s License, it is important to go to the correct Tennessee Department of Safety location. Not every Driver Service Center in Tennessee is authorized to issue a Restricted Driver’s License. For example, Knoxville has several Driver Service Center locations but only one (located at **Strawberry Plains) can process the appropriate paperwork to obtain a Restricted Driver’s License and has the ability to issue a temporary Restricted Driver’s License, valid for 90 days.

A helpful online tool is provided by the Department of Safety in order to save you time and effort when attempting to find which Driver Service Center location will issue a Restricted Driver’s License. This link will allow for you to search and determine which Driver Service Center in your area can issue a Restricted Driver’s License or fulfill other needs you may have (i.e.: Renew a Driver’s License, Take a Road Driving Test, etc.).

If you are in need of a Tennessee Restricted Driver’s License, many important steps and procedures are required. The attorneys at Oberman & Rice can assist you in the process of obtaining a Restricted Driver’s License. For more information regarding a Restricted Driver’s License and the requirements for obtaining a Restricted Driver’s License 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 a Restricted Driver’s License.

, , , , , , , , , , , , , , , , , , , , ,

No Comments