U.S. Supreme Court Requires Search Warrants for Blood Draws in Many DUI Cases
Posted by Steve Oberman in Chemical Tests, Frequently Asked Questions, Tennessee DUI Chemical Tests, Tennessee DUI News on April 25th, 2013
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.
All lawyers were not created equal — Hiring a Tennessee DUI Lawyer
Posted by Nate Evans in Court Procedures, Hiring a Tennessee DUI Attorney, Uncategorized on April 8th, 2013
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:
- What is the focus of the attorney’s practice? Are they, and for how long have they been primarily devoted to DUI defense?
- Has the lawyer had any complaints filed against him or her?
- What books and articles has the attorney published?
- Did the DUI attorney graduate from an ABA accredited law school?
- Has the Tennessee Commission on CLE & Specialization and the National College for DUI Defense certified the attorney as a DUI Defense Specialist?
- What reviews has the attorney received from lawyer review agencies like Avvo?
- Has the lawyer achieved Martindale-Hubbell’s™ prestigious “AV” (very high to preeminent) rating?
- 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.
Impact of Out of State Convictions in Tennessee
Posted by Nate Evans in Court Procedures, Criminal Record, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Penalties, Uncategorized on April 3rd, 2013
The internet and electronic record keeping has led to the end of a time when what “happened in Vegas, stayed in Vegas.” Similarly, criminal convictions from a distant state may no longer be ignored after a person moves away from that state. As law enforcement, court clerk’s offices, and agencies responsible for drivers licenses continue to store and share information electronically, a person’s criminal history is increasingly likely to follow him or her across state lines.
For example, a prior DUI conviction from another state may significantly increase potential penalties and the outcome of a Tennessee DUI case, just as would a prior Tennessee DUI conviction. State and federal agencies are increasingly accurate and reliable in their effort to report crimes to the National Crime Information Center (NCIC). By accessing the NCIC, any state or federal prosecutor may quickly review an individual’s entire criminal history, including charges that have been dismissed.
Prior charges and convictions may negatively impact pending DUI litigation. As a result, it is imperative that anyone facing criminal charges fully disclose these charges to their Tennessee Defense Attorney, even if the prior charges have been dismissed and expunged.
Please contact our office to find out more about convictions in other states and how to address them as part of a DUI defense strategy. You may contact our Tennessee DUI defense lawyers, Steve and Sara by calling (865) 249-7200.
Tennessee Driver License Reinstatement and Driving History
Posted by Sara Compher-Rice in Driver License Reinstatement, Frequently Asked Questions, Tennessee Driver's License on February 7th, 2013
We are often asked how to obtain information from the Tennessee Department of Safety (TDOS) for driver license reinstatement (e.g. following a revocation for a Tennessee DUI conviction). While one could certainly call the TDOS at 1-866-903-7357, the easier course of action is to check the status of a Tennessee driver license by visiting the TDOS website. This is a wonderful resource for Tennessee residents whose driver license is revoked or suspended, however the following information is required to process a request: ; Last Name; and Date of Birth.
A related question is: how do I obtain a copy of a Tennessee Driver Record/Driving History/Motor Vehicle Record (also referred to as Tennessee MVR) online? Unfortunately, Tennessee does not currently provide an option to obtain this report online. A person must visit a full service Driver Service Center, a list of which can be viewed by clicking here. The following information on obtaining a copy of one’s driving record comes from the Tennessee Department of Safety website:
You will need the following when requesting your record:
- Name
- Date of Birth
- Driver License Number
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 record.
You may also obtain a copy of your driver record (also called a motor vehicle record or MVR) by mailing your request to:
Tennessee Department of Safety
MVR Request
PO BOX 945
Nashville, TN 37202
There is a $5.00 charge for a copy of a three-year driver record. A cashier’s check or money order should be made payable to the Tennessee Department of Safety. If mailing, allow two weeks from the mailing date to receive the driver 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.
Knoxville Sobriety Checkpoint Scheduled for February 1, 2013
Posted by Sara Compher-Rice in Field Sobriety Tests, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News on February 1st, 2013
The Tennessee Highway Patrol (THP) continues its drunk driving enforcement with the use of sobriety checkpoints in the Knoxville. THP is scheduled to conduct a DUI Roadblock tonight, February 1, 2013 on Concord Road at Northshore Drive (State Route 332). Although specific times have not been released, the Tennessee Highway Patrol Media Release indicates that it will be conducted “Late Night.” The Knox County DUI Checkpoint is one among many in East Tennessee as part of the campaign, “Fans Don’t Let Fans Drive Drunk This Super Bowl Sunday.”
According to Tennessee Highway Patrol Colonel Tracy Trott, this will be the first THP “No Refusal” DUI enforcement on Super Bowl weekend. One purpose of Tennessee DUI Checkpoints is to deter motorists from driving while impaired by alcohol or drugs. We encourage you to arrange for a designated driver this weekend. AAA of East Tennessee is also offering their safe ride program for Super Bowl Sunday. AAA will tow your car within a 10 mile radius and provide you a safe ride home. To take advantage of this service, a AAA membership is not needed.
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.
Revoked License Reporting Error
Posted by Nate Evans in Tennessee Driver's License, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI News, Tennessee Traffic Violations on January 25th, 2013
In accordance with a Tennessee state law that was passed in 2011, the Knox County government provided the Tennessee Department of Safety with a list of people who had failed to pay their litigation taxes and fines (often referred to as “court costs”) within one year after their criminal cases were resolved. As a result, nearly 1,300 motorists who faced a criminal offense in Knox County in 2012, including traffic offenses, received a letter earlier this month informing them that their driver licenses would be revoked for failing to timely pay their court costs. Unfortunately, as the Knox News Sentinel reported on January 25, 2013, officials recently discovered that many people should not have been included on the list submitted to the Department of Safety. According to the Knox News Sentinel, over 500 people never owed court costs or had timely completed their obligations to the court. Even though the Department of Safety has been notified of the error, the consequences of this mishap remain unclear. For more information about this developing story, read Clerical Error May Cause Wrongful Revocation of Driver’s License by our firm’s managing partner Steve Oberman.
It is important to note that Driving on a Revoked License is a criminal offense, and an officer may immediately arrest anyone found driving with a revoked license. Moreover, a person who drives while his or her license is revoked as the result of a DUI conviction will be made to serve at least 48 hours in jail if convicted of Driving on a Revoked License. Please contact Steve and Sara for further assistance if you have a question about your driver’s license. You may reach our attorneys by calling (865) 249-7200.
Will I be able to rent a car after a DUI conviction?
Posted by Nate Evans in DUI Penalties, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Penalties, Uncategorized on January 17th, 2013
Many people are unaware of the many collateral consequences of a DUI conviction. One generally understood consequence of a conviction for Driving Under the Influence, First Offense, in Tennessee is the loss of a driver license for one year. Even though a restricted driver license may be obtained for many people convicted of a DUI, First Offense, a restricted driver license will typically not suffice to rent a motor vehicle. Most, if not all, national rental agencies require a renter to provide a valid driver license. Therefore, the possibility of renting a car will not be an option for at least a year after a conviction for Driving Under the Influence in Tennessee.
Even after the Tennessee driver license reinstatement of someone convicted of DUI, the ability to rent a car may be limited due to insurance concerns. Individual rental companies may respond differently to a prior DUI conviction. Therefore, the best course of action would be to contact a sales representative before a rental car is reserved online and relied upon for transportation. Higher rates, travel restrictions, and special insurance may be required to rent a vehicle, so it makes sense to shop around and compare policies and rates.
Please click here for additional information about the collateral consequences (other consequences) of a DUI conviction. An experienced Tennessee Defense Lawyer should be consulted about all of the possible consequences of a Driving Under the Influence conviction. Steve and Sara are available to answer questions about the consequences of a Tennessee DUI and may be reached by calling 865-249-7200.
Knoxville Area Sobriety Checkpoints Begin Tonight
Posted by Sara Compher-Rice in Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News on December 28th, 2012
A media release from the Tennessee Highway Patrol dated December 27, 2012 details the agency’s statewide plan for New Year’s Eve DUI enforcement. In addition to the “no refusal” enforcement discussed in my last post, THP also plans to implement several checkpoints between now and New Year’s Day. These include not only sobriety checkpoints (DUI roadblocks), but also “no refusal” sobriety checkpoints and driver’s license checkpoints.
Tennessee Highway Patrol regulations generally require that every driver passing through a checkpoint location be stopped and questioned. Troopers will be investigating for signs of drug and alcohol impairment. If they suspect that you are under the influence, you may be asked to exit your vehicle and perform certain roadside tasks, often referred to as 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 from directly from the Tennessee Highway Patrol press release. Information for additional DUI roadblocks across Tennessee can be downloaded by clicking here.
Should you be arrested for DUI or arrested or cited for another criminal offense or traffic violation, it is important that you consult with a Tennessee attorney as soon as possible. Our attorneys, Steve and Sara, will be available to speak with you and can be reached by calling 865-249-7200.
DIST. 1 KNOXVILLE — No Refusal New Year’s Eve Checkpoints
Friday, December 28:
Checkpoint County Road/Highway Time of Day
SOBRIETY BLOUNT O. KNOX HWY @ I-140 RAMP LATE NIGHT
Monday, December 31:
Checkpoint County Road/Highway Time of Day
SOBRIETY * SEVIER GOOSE GAP @ SUGAR LOAF RD LATE NIGHT
DL CHECKPOINT CAMPBELL STATE ROUTE 116 @ LATE MORNING
LITTLE COVE RD
SOBRIETY ANDERSON SR 62 @ KNOX/ANDERSON LATE NIGHT
CO LINE
SOBRIETY LOUDON US 70 @ CREEKWOOD BLVD AFTERNOON
Tuesday, January 1:
Checkpoint County Road/Highway Time of Day
SOBRIETY* KNOX STATE ROUTE 162 @ STATE ROUTE 62 LATE NIGHT
SOBRIETY* SEVIER WINFIELD DUNN PKWY @ DOUGLAS DAM LATE NIGHT
SOBRIETY* SEVIER STATE ROUTE 66 @ STATE ROUTE 139 LATE NIGHT
SOBRIETY* SEVIER US 411 @ CHEROKEE CR LATE NIGHT
SOBRIETY* BLOUNT I-140 @ STATE ROUTE 33 LATE NIGHT
*No Refusal DUI Checkpoint
Tennessee No Refusal DUI Enforcement
Posted by Sara Compher-Rice in Chemical Tests, Frequently Asked Questions, Legal Rights, Tennessee DUI Laws, Tennessee DUI News on December 28th, 2012
Several Knoxville media outlets are reporting increased Tennessee DUI enforcement for the upcoming holiday. Please visit the following links for these stories: Troopers will enforce No Refusal campaign over New Year’s Eve holiday or Police step up DUI enforcement during New Year’s.
The increased enforcement is set to begin at 6 p.m. tonight and end at midnight on Tuesday (New Year’s Day). We frequently receive questions about a person’s rights in relation to a blood or breath test following a Tennessee DUI arrest. The Tennessee Highway Patrol plan to implement the “no refusal” law during this busy holiday period highlights one of the most common question we field–what does “no refusal” mean?
Often, following a DUI arrest, the Tennessee officer will offer an arrestee the ability to refuse to submit to a chemical test of the officer’s choice (blood, breath or urine). Tennessee law, however, also provides that even if the arrestee refuses to submit to a chemical test, the office can obtain a search warrant to forcefully obtain the sample. During these “no refusal” enforcement periods, the Tennessee Highway Patrol typically has a Tennessee judge (or judges) on call. If the judge determines that the requisite legal grounds (based on the officer’s DUI investigation) exist, a search warrant can be obtained allowing the officer to obtain a chemical test (most often a blood sample), even over the objection (or refusal) of the motorist placed under arrest.
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.
Wishing You a Safe & Happy New Year
Posted by Sara Compher-Rice in Tennessee DUI Information, Tennessee DUI News on December 27th, 2012
The Knoxville Police Department has announced plans for a “New Year Holiday Enforcement Campaign.” The increased enforcement will focus on motorists who are speeding, following too closely or driving recklessly, as well as those who show signs of impaired driving (driving under the influence). More information about the KPD holiday enforcement plans can be found by clicking here. The increased patrols will begin at 4 p.m. on New Year’s Eve and conclude at midnight on New Year’s Day.
Should you or a loved one be arrested for DUI (driving under the influence) or related charges, the attorneys at Oberman & Rice are available to assist you. You may contact Steve and Sara 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.
