Archive for category DUI Penalties
Have a DUI conviction? Read this before traveling to the 2010 Winter Olympics!
Posted by Sara Compher-Rice in DUI Penalties, Tennessee DUI Consequences on February 2nd, 2010
When a person is convicted of or pleads guilty to the offense of Driving Under the Influence (DUI) in Tennessee, the law requires that a judge advise them of the mandatory penalties set by the Tennessee legislature. The judge must also advise the person of enhanced penalties for future DUI convictions.
The judge is not required, however, to advise a defendant of the possible restrictions a Tennessee DUI conviction could place on travel. For instance, once convicted of a TN DUI offense, a person is deemed “criminally inadmissible” to Canada. In fact, if border authorities learn of Tennessee DUI arrest, pending trial, or even the simple issuance of a criminal warrant, you may be denied entry.
Typically, one must follow specific “rehabilitation” procedures to be granted access to Canada following a conviction for driving under the influence. However, a person cannot even begin the application process until a period of five (5) years has passed since the expiration of his or her sentence (rather than 5 years from the date of conviction). In some rare instances, one may be granted a temporary residence permit, which would allow the person entry even during a period of criminal inadmissibility.
Two excellent references on this subject can be found at http://www.tripadvisor.com/Travel-g153339-c49436/Canada:Dwi.Or.Dui.Driving.Convictions.html and http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp#note1.
No Recovery for DUI Accident Injury
Posted by Steve Oberman in DUI Penalties, Tennessee DUI Consequences on January 8th, 2010
New Jersey has taken the collateral consequences of a drunk driving conviction to a new level. Consider, for a moment, that you were legally stopped at a red light when you were rear-ended by a negligent driver. Upon investigation, the officer determines that you are under the influence. You are subsequently arrested and ultimately convicted. Although you were injured in the accident, which was clearly not your fault, a New Jersey statute bars recovery, regardless of liability, for any loss suffered “in connection with” an accident where the claimant has been convicted of DUI. This statute, N.J.S.A. 39:6A-4.5(b), bars recovery not only of economic, but also non-economic loss sustained as a result of the accident.
Tennessee Licensees Should Beware of Out of State Convictions
Posted by Sara Compher-Rice in DUI Penalties, Tennessee DUI Consequences, Tennessee DUI Penalties on November 19th, 2009
Anytime a Tennessee resident is charged with a crime in another state, it is wise to consult with a Tennessee lawyer to determine any Tennessee consequences that may be experienced as a result of an out of state conviction. This is especially true when charged with Driving Under the Influence (DUI, also often referred to in other states as a DWI, OUI, OWI, etc.).
When facing a conviction out of state, your lawyer and even the judge pronouncing judgment are required to inform you of certain consequences of the conviction. However, they are generally not required and are unlikely to inform you of any action the state of Tennessee may take against you as a result of a conviction. Accordingly, it is imperative that you consult with an experienced Tennessee DUI lawyer who can properly advise you. You should contact a Tennessee DUI attorney as soon as you can. Oftentimes, waiting to contact a DUI attorney in Tennessee until after you have been convicted is too late.
Tennessee DUI Laws on “Let’s Talk Law with Steve Oberman & Sara Compher-Rice”
Posted by Steve Oberman in DUI Penalties, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI News, Tennessee DUI Penalties on August 27th, 2009
Tune in to WNOX-FM 100.3 NewsTalk 100 this Sunday, August 30, 2009, when Steve and Sara will be discussing the topic of “Tennessee DUI Laws.” You can also listen live via the web by visiting http://www.wnoxnewstalk.com.
We encourage you to call during the show with your questions about the DUI laws in Tennessee by dialing (865) 656-TALK (8255) or (800) 951-TALK (8255). U.S. Cellular and AT&T Wireless customers can also place a free call by dialing *100. If you prefer, feel free to post your questions and/or comments here on our blog. We will review the blog before the show and attempt to answer your questions on the air.
Your Right to Refuse a Breath Test or Blood Test Has Changed!
Posted by Steve Oberman in DUI Penalties, Tennessee DUI Chemical Tests on June 22nd, 2009
It is fairly common knowledge that Tennessee citizens have long had the statutory right to refuse an officer’s request to submit to a chemical test of the officer’s choice if the officer had “reasonable grounds” (probable cause) to believe the driver had committed the offense of Driving Under the Influence (DUI or DWI) in most DUI cases. As of July 1, 2009, however, this law has changed. Tennessee Public Chapter 324 has amended Tennessee Code Annotated Section 55-10-406 to eliminate the right of the driver to refuse a breath test, blood test, or urine test if the law enforcement officer has probable cause to believe that the driver has committed the crime of DUI, vehicular assault or vehicular homicide and was involved in an accident resulting in the injury or death of another.
If the officer has probable cause to believe the driver has committed one of aforementioned violations AND an accident with injury or death occurs, the officer is required to test the driver to determine the alcohol or drug content in the driver’s blood. The driver does not have the right to refuse the requested test.
Does a “designated driver” owe a legal duty to aid or protect intoxicated passengers?
Posted by Steve Oberman in DUI Penalties, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Penalties on June 1st, 2009
This question came before the Tennessee Supreme Court in 2008. In this case, Downs ex rel. Downs v. Bush, 263 S.W.3d 812 (Tenn. 2008), the mother of a Ryan Downs, a passenger in the bed of his friend’s pick up truck, filed a wrongful death complaint against several of her son’s friends when Ryan, after becoming intoxicated, exited the bed of the truck, ran onto the highway, and was struck by two vehicles, causing Ryan’s death.
The Tennessee Supreme Court considered whether Mr. Downs’ friends had a special duty to aid or protect Mr. Downs because of their close relationship as best friends and roommates. The Court held that the law did not impose any special relationship upon the friends of the deceased by virtue of this relationship.
Furthermore, the Court ruled, in the first case of this kind to be brought before the Court, that the “designated driver” did not owe Mr. Downs any special legal duty more than the customary duty to exercise reasonable care when driving the vehicle. The Court ruled against Mrs. Downs’ argument that a designated driver was required to take affirmative action to keep intoxicated passengers inside the passenger compartment of the vehicle and to ensure that the intoxicated passenger is not abandoned in a position of peril along the journey. Instead, the Tennessee Supreme Court ruled that the public was better served by encouraging individuals to serve as designated drivers rather than adopting a policy that could potentially discourage the practice.
To rule otherwise, the Tennessee Supreme Court would have impliedly discouraged designated drivers and left persons who were intoxicated or otherwise under the influence of drugs and/or alcohol to drive under the influence, thus committing the criminal offense of Driving Under the Influence (DUI) in violation Of Tennessee Code Annotated section 55-10-401. While the facts of this case cause one to be very sympathetic toward the family of the deceased, it is Mr. Oberman’s opinion that the Tennessee Supreme Court made the correct decision.
Want to work for Donald Trump? Not if you’ve been convicted of DUI.
Posted by Steve Oberman in DUI Penalties, Tennessee DUI Consequences on April 6th, 2009
This season of NBC’s The Celebrity Apprentice highlights one of the most overlooked consequencesof a Tennessee DUI arrest and conviction–the loss of future job opportunities. Once Donald learned of a contestant’s DUI arrest and conviction, she was promptly fired. While Khloe Kardashian was not arrested in Tennessee, the consequences of not being hired because of a DUI conviction are universal. For more information about this and other consequences associated with a Tennessee DUI/DWI conviction, please visit http://www.tndui.com/dwi-dui-information/other-consequences.html.