Archive for category Tennessee DUI Information
You don’t have to be over the legal limit of .08% to be convicted of DUI
Posted by Steve Oberman in Tennessee DUI Chemical Tests, Tennessee DUI Information, Uncategorized on February 1st, 2010
Most people erroneously believe that one can’t be convicted of DUI if one registers below .08% blood alcohol level. Recently, the Tennessee Court of Criminal Appeals affirmed the conviction of a man whose blood alcohol level was only .03%, well below the statutory .08% per se (legal) level.
In this case, the officer testified that the defendant swerved his vehicle three times over the yellow center lines of the road. Then the Defendant approached an intersection and turned left without stopping at the stop sign. After being stopped, the Defendant failed all field sobriety tests and was subsequently arrested.
The Tennessee Court of Criminal Appeals ruled that a person does not have to have a blood alcohol content of .08% or any drugs in his or her system in order to be found guilty of DUI.
The Court considered all of the evidence, including the Defendant’s failure to perform field sobriety tests satisfactorily and the police officer’s observation of driving infractions by the Defendant, was sufficient to uphold the conviction.
This case emphasizes the need to be certain a qualified lawyer with sufficient DUI or DWI defense experience and expertise is hired to defend a Driving Under the Influence case even if the blood alcohol level is below the per se (legal) limit of .08%.
Exercise your Right to Remain Silent
Posted by Steve Oberman in Legal Rights, Tennessee DUI Information, Tennessee DUI News on November 3rd, 2009
Yesterday we addressed one category of DUI anomalies–driving unusual vehicles under the influence–but today we address a different type of anomaly, that of the self-reported DUI offense. According to an article from AOL yesterday, a Wisconsin woman reported herself to the authorities for driving under the influence.
Her motivation for doing so is not entirely clear, whether it was a moralistic admission of guilt, unusual behavior provoked by intoxication, or a combination of both.
Reporting one’s own DUI is a surefire way of being charged with the offense and therefore of dealing with it through the court system. Sometimes it is best to pull over in a safe area, take the key out of the ignition and place it outside the vehicle, then call a friend or family member to come get you and/or the car. Naturally, however, the most responsible option is to avoid driving under the influence altogether.
For more information about the crime of DUI in Tennessee and its consequences, feel free to contact The Oberman Law Firm at (865) 249-7200.
Can You Get a Tennessee DUI on a Motorized La-Z-Boy?
Posted by Sara Compher-Rice in Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI News on November 2nd, 2009
Recent headlines have read:
“Man Charged with Drunk Driving on a Bar Stool”
“Man Arrested For Driving Lawnmower While Drunk”
These may seem like humorous headlines out of Minnesota, Ohio, and Florida, but these cases are no laughing matter. The chair, bar stool and lawnmower in the above-referenced stories all fall within the legal definition of a motor driven vehicle under Tennessee law. Tennessee DUI laws, in relevant part, prohibit a person from driving or being in physical control of any automobile or other motor driven vehicle while under the influence. See Tennessee Code Annotated § 55-10-401.
Although the Tennessee legislature has not clearly defined “automobile” or “motor driven vehicle,” Tennessee courts have held that the term “automobile” refers to any “self propelled” vehicle. See State v. Freels, 190 S.W. 454 (Tenn. 1916). Accordingly, any motorized form of transportation, including a car, a lawnmower, a scooter, or even a motorized cooler would fall within the Tennessee DUI statute.
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.
Boating Under the Influence (BUI) in Tennessee
Posted by Steve Oberman in Frequently Asked Questions, Tennessee DUI Information, Tennessee DUI News on July 2nd, 2009
“TWRA wants boaters to recognize the effects and consequences of alcohol use while boating. In a boat on the water, consuming one beer is equivalent to drinking three beers on land because of external stressors such as engine vibration, wave motion and glare from the sun. Operating a boat with a Blood Alcohol Content of .08 or higher is illegal in Tennessee, the same as operating a motor vehicle.”
Based upon this statement found on the Tennessee Wildlife Resources Agency website, officers on Tennessee waterways may be more likely to arrest someone for boating under the influence (BUI) than someone who consumed the same amount of alcohol for the offense of driving a motor vehicle under the influence (DUI).
It is important for Tennessee residents and visitors alike to realize that to be subject to arrest for the offense of boating under the influence (BUI), one need only:
1. Be operating any vessel subject to registration (unlike the Tennessee DUI laws which require the vehicle to be motorized);
2. While on public waters of the state;
3. While
a. Under the influence of any intoxicant OR
b. With a blood alcohol content of .08 percent or greater.
Tennessee law also provides certain legal exceptions in boating under the influence (BUI) cases. If you are arrested for BUI in Tennessee, you should promptly consult with an attorney about the facts of your case to preserve defenses and avoid the onerous penalties involved with a BUI conviction.
Because of the similarities in why persons are arrested for boating under the influence and for driving under the influence, persons charged with BUI in Tennessee should seek an attorney experienced in the intricacies of DUI defense. It is also just as important in BUI cases as it is in DUI cases that the defense investigation begins as soon as possible after the arrest in order to obtain the best possible chance of a successful outcome.
4th of July Tennessee Sobriety Checkpoints (DUI Roadblocks)
Posted by Sara Compher-Rice in Frequently Asked Questions, Tennessee DUI Information, Tennessee DUI News on July 2nd, 2009
The Tennessee Highway Patrol has announced plans to conduct sobriety (DUI) checkpoints over the holiday weekend from Thursday night to Sunday night. The Tennessee Supreme Court has held that sobriety checkpoints, often known as DUI roadblocks, are permissible under the Tennessee Constitution. In State v. Downey, the Court held that the prevention of drunk driving in Tennessee was enough of a compelling state interest to justify the intrusive nature of DUI checkpoints.
Although Tennessee’s high court has ruled that sobriety checkpoints are permitted, law enforcement agencies are still required to follow very particular policies and procedures when establishing and conducting DUI roadblocks. Should you have the misfortune of being stopped at a Tennessee DUI checkpoint and arrested or cited for DUI or any crime or traffic violation, you should immediately consult with a Tennessee attorney who is knowledgeable about the area of DUI defense law to determine if, in fact, the proper procedures were followed.
Please click here for a list of DUI roadblock locations across Tennessee.