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.

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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.

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2015 Update – Two Legislative Proposals Regarding DUI & Alcohol in Tennessee

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.

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DUI by Prescription Medication

One of the most common misconceptions in Driving Under the Influence cases is that a person cannot be convicted of driving under the influence of a drug that prescribed to that person.  In Tennessee, driving with prescription medication in one’s system is not a defense to Driving Under the Influence (DUI).

 

Under Tennessee law it is unlawful for any person to drive or be in physical control of a motor vehicle while “Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise possess.” Tennessee Code Annotated § 55-10-401(1).  Tennessee law further specifies that, “The fact that any person charged with violating § 55-10-401 is or has been entitled to use one (1) or more intoxicants, alcohol, marijuana, controlled substances, controlled substance analogues, drugs, or other substances that cause impairment shall not constitute a defense against any charge of violating this part.” Tennessee Code Annotated § 55-10-411(e).

 

Driving under the influence of drugs (both illicit drugs and prescription medication) is reported to be on the rise, as recently highlighted in The Washington Post.  Two recent reports from the National Highway Traffic Safety Administration (NHTSA) claim that the incidents of driving under the influence by alcohol (drunk driving) are down, but there has been an increase of cases involving those driving under the influence of marijuana and prescription drugs:

The 2014 survey found that about 8 percent of people on the road on weekend nights had alcohol in their system, and slightly more than 1 percent were above the legal limit. That was 30 percent below the 2007 figure, NHTSA said, and an 80 percent drop since the first survey was taken in 1973.

But the number of people with drugs in their system was found to be on the rise. It jumped from 16.3 percent in 2007 to 20 percent of weekend nighttime drivers in 2014. Drivers with marijuana in their system soared by almost 50 percent.

See Ashley Halsey III, Fewer People  Driving Drunk, But Drug Use On The Road Is Rising, The Washington Post (Feb. 8, 2015), available at http://www.washingtonpost.com/local/trafficandcommuting/fewer-people-driving-drunk-but-more-are-driving-while-on-drugs/2015/02/08/b6c4ad2a-ae59-11e4-9c91-e9d2f9fde644_story.html.

 

If accused of driving under the influence of drugs (DUI by drugs), it is important to immediately consult with a Tennessee DUI attorney familiar with Tennessee DUI laws and the issues surrounding DUI by drugs or prescription medication.  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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Tennessee Highway Patrol 4th of July Checkpoints

This 4th of July weekend, the Tennessee Highway Patrol plans to implement several checkpoints across East Tennessee, including seat belt checkpoints, driver’s license checkpoints, and DUI checkpoints.  A list of the types and locations of the roadblocks can be found here.  Be aware that even at seat belt and driver’s license checkpoints, an officer may still be looking for impaired drivers.

If an officer suspects a motorist of Driving Under the Influence (DUI), the officer might ask the motorist to perform a series of field sobriety tests. The officer may also request a chemical test, such as a breath or blood test. Drivers 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 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 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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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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