It is important for Tennessee motorist to understand that even if a checkpoint is designed to verify driver’s licenses, the Troopers conducting the stops are trained to detect and investigate those drivers they suspect of Driving Under the Influence (DUI). For instance, the THP participates in the Governor’s Highway Safety Office campaign–Booze It & Lose It!

The announced locations for checkpoints, as reported in the Knoxville News Sentinel, are:

Friday, March 9 – Schaad Road – West of Pleasant Ridge Road

Friday, March 23 – Oak Ridge Highway (Route 62) – East of Pellissippi Parkway (Route 162)

Friday, April 6 – Maynardville Highway (Route 33) – At Loyston Road

Friday, April 13 -  Schaad Road – West of Pleasant Ridge Road

Friday, April 20 – Schaad Road – West of Pleasant Ridge Road

Anyone detained and then arrested at a Sobriety Checkpoint or Driver’s License Roadside Safety Checkpoint should immediately contact a Tennessee attorney familiar with DUI Roadblocks or Driver’s License Checkpoints.  For more information about the crime of DUI or about your legal rights relating to a Tennessee Highway Patrol roadblock, Sara, Steve, or Nate are available by calling (865) 249-7200.

Tennessee DUI law requires minimum amounts of jail time to be served for all DUI convictions.  If a defendant is convicted of a DUI, the judge MUST sentence that defendant to the minimum amount of time established by Tennessee DUI law, ranging from 48 hours in jail up to 150 days in jail, depending upon the offense.  On the other hand, the judge may sentence a defendant to more than the mandatory minimum amount of time – this is more likely to occur with multiple convictions.  Please visit our website for a full list of penalties for DUI convictions.

TN DUI lawyers know that any time in jail causes a major disruption in a person’s life, which is why anyone charged with DUI in Tennessee should consult with a Tennessee DUI attorney as soon as possible.  If you have questions about your Tennessee DUI charge and associated penalties, our lawyers are available to assist you.  Sara, Steve, or Nate will be happy to speak with you at (865) 249-7200.  

No matter what testing mechanism is used, the tests are not foolproof.  Machines malfunction.  Like a toaster, dishwasher, or hair dryer, machines wear down and break over time. Devices that collect and analyze blood, breath and urine are no different.  Some machines and methods are less reliable than others.  The tests are further subject to error by those persons involved in the collection and analysis processes.

A Tennessee DUI attorney should be familiar with the different tests and machines used in Tennessee.  Hiring a motivated Criminal Defense lawyer gives someone the opportunity to fight all of the facts.  In some cases, it may be possible to prevent the chemical test result from being used as evidence.

Additional information about Tennessee DUI offenses can be found on our websites at www.tndui.com and www.duiknoxville.com.   You may also speak with one of our attorneys, You may reach Steve Oberman, Sara Compher-Rice or Nate Evans, by calling (865) 249-7200.

When a person misses a court date, the court may issue a warrant for that person’s arrest or may charge that person with “Failure to Appear” in court, a separate, Class A Misdemeanor.  The effect of a missed court date will vary in each case depending on the presiding judge, the facts of the case, the amount of advance notice provided to the court, and the practices of the local county.

If a good reason exists as to why a person will miss a court date, a judge may show leniency.  In this type of situation, an experienced Tennessee Criminal Defense lawyer will work to avoid an arrest or incarceration for his or her client.  If you missed your court date and do not have a Tennessee Criminal Defense lawyer working for you, contact one immediately.

If you have questions about your Tennessee DUI or other criminal charge, our lawyers are available to assist you.  Sara, Steve, or Nate will be happy to speak with you at (865) 249-7200.  You may also review our websites at www.tndui.com, www.duiknoxville.com and www.tncriminaldefense.com.

Any DUI conviction from another state may be used against you if arrested for a Tennessee DUI offense.  If the time criteria is met, a prior, out-of-state DUI may be used to enhance your Tennessee DUI conviction to a DUI second offense or greater, depending upon the facts of your prior conviction(s).  Tennessee does honor DUI convictions from all other jurisdictions in the country.

It is important to note that the arresting officer may not know about the out-of-state conviction(s) at the time of the Tennessee DUI arrest.  The officer’s initial arrest warrant, and any paperwork a person receives following a DUI arrest, may state that the charge is DUI, first offense.   However, the state prosecutor may amend the initial Tennessee DUI charge to multiple offense DUI  when more information becomes available.

Tennessee DUI law allows for a person to challenge an out-of-state conviction, and a skilled DUI attorney may prevent it from being used against you in your Tennessee DUI case.  Be sure to consult with a Tennessee Defense Attorney to determine if a conviction in another state could be used against you.  A successful challenge to an out-of-state conviction could make a significant difference in a defendant’s case and punishment.

[Source: Tenn. Code Ann. § 55-10-403]

However startling, Suzanne’s is not an uncommon case.   There are many thousands of college students who drink and drive.  In a National Highway Traffic Safety Administration (NHTSA) survey, 44% of college students reported binge drinking at least once in the two weeks prior to being surveyed.  19% reported frequent binge drinking, and more than half of those admitted to drinking and driving in the 30 days prior to being surveyed.  Little do they know that their irresponsible social behavior, regardless of academic standing, could prohibit them from earning a degree.  In a similar NHTSA survey, an alarming number of high school students also admitted to drinking and driving, which, if caught, could prevent them from being accepted to college.

In addition to showing just how life-altering a DUI charge can be, Suzanne’s case highlights the importance of hiring an attorney who specializes in DUI Defense—something Suzanne did not do.  Attorneys that specialize in DUI Defense will be familiar with how a DUI will affect school and job applications, student statuses, various degrees, professional licenses, and other certifications.  Such attorneys will be more apt to follow the course of action best-suited to each client’s unique interests.  A list of attorneys who are certified as specialists in Tennessee may be found at http://www.cletn.com/Specialists.aspx.

Sources:

Sentencing and Dispositions of Youth DUI and Other Alcohol Offenses: A Guide for Judges and Prosecutors. NHTSA. http://www.nhtsa.gov/people/injury/alcohol/youthdui/index.html

“UT rejects woman’s appeal of suspension, withholds degree”. The Knoxville News-Sentinel. 9-23-10. http://www.knoxnews.com/news/2010/sep/23/UT-rejects-woman-appeal-suspension-degree/

Over the past several decades, the trend in our society has been toward harsher penalties and more conservative laws for driving under the influence.  A recent story in the ABA Journal highlights one reason that prosecutors are hesitant to be lenient on the punishment for DUI offenders.  DUI prosecutors often state that they cannot reduce a DUI, even if just a first offense, because the defendant may then go out and repeat the behavior of driving while impaired, endangering the lives the community.  This exact scenario, as reported by the ABA Journal, recently played out in Maryland.  However, rather than striking and injuring a citizen at large, the defendant in question struck and injured a retired Maryland County Judge and his wife.  The same Judge had previously shown leniency to the defendant, suspending his DUI sentence (meaning he did not have to serve any time in jail).

Accounts such as these provide prosecutors, state legislators and private organizations (such as MADD) with the ammunition needed to justify the “no tolerance” trend toward DUI offenders.  Unfortunately, although each Driving Under the Influence case is quite unique and bears individual scrutiny to determine whether a reduction is appropriate, many jurisdictions are pushing for convictions in all cases under the assumption that the defendant will re-offend.

This trend only highlights the importance of selecting a qualified attorney to handle your DUI case.  Never assume that you can handle the case yourself or hire the cheapest lawyer you can find because you are assured a reduced charge due to your clean record.  Do your homework and hire the very best DUI defense attorney that you can afford.  For more information on how to select a Tennessee DUI attorney, click here.  For information about a Tennessee DUI charge, you may contact Steve Oberman or Sara Compher-Rice at (865) 249-7200.

Most plea agreements are compromise dispositions to avoid the uncertainty and expense of a hearing and/or trial.  Any plea agreement must be approved by the presiding judge to be certain the plea agreement is justified by the facts as applied to the law.  If not, the judge may reject the plea agreement.  Some of the factors reviewed by a prosecutor (in no particular order) include the:

• Facts of the case surrounding the arrest;
• Nature of the offense involved;
• Anticipated credibility of the prosecution witness(es);
• Anticipated credibility of the defense witness(es); and
• Skill level of the defense attorney.

Accordingly, where the facts justify an amendment from the offense of DUI to the offense of Reckless Driving, a plea agreement is reached between the parties to conclude the case in that fashion.  Agreements may range from a set punishment on a plea by the defendant to the offense charged, to the prosecution dropping the case entirely.

Readers of this blog should understand that the only reason cases are amended is when the prosecution believes it has a reasonable chance of losing the case.  Obviously, the more the prosecution believes it will lose the case, the better the plea agreement that will be offered to the defendant.  The prosecution does not want to waste time or effort attempting to convict somebody when the chances of doing so are minimal.  Plea agreements are not made on the basis of other factors such as relationships or friendships between the officers, lawyers or judges. Accordingly, a defendant should be wary of hiring a DUI attorney who makes such promises.

On the August 16th show of “Let’s Talk Law with Steve Oberman and Sara Compher-Rice,” we were fortunate to have two guests to discuss this issue and answer questions from our listeners on the topic of Selecting and Working with a Lawyer.  Attorneys Tom Scott and Mark Britton, for providing our listeners invaluable information relating to selecting and working with a lawyer.

Tom Scott is currently serving as the Chair of the Tennessee Board of Professional Responsibility (BPR).  Tom provided us with information on the role of the Tennessee BPR and explained how the BPR fields and processes complaints of clients against lawyers.  We also learned that the general public can visit the BPR website to search for any disciplinary action taken against attorneys.  For more information on the Tennessee Board of Professional Responsibility and the Board can assist you, visit http://www.tbpr.org/ or call 800-486-5714.

Mark Britton is the CEO and founder of Avvo.  Avvo.com is a resource for consumers to use when researching potential attorneys.  Unlike other lawyer rating services, Avvo provides both positive and negative feedback on attorneys.  For instance, Avvo works with the Tennessee Board of Professional Responsibility to inform clients of any disciplinary action taken against a lawyer.

The decision of which attorney to hire is often one of the most crucial decisions a person will make in his or her life.  Tom and Mark have provided an excellent starting point for the potentially life-altering lawyer search.  Once you have completed your initial research, you should follow up by asking those you know and trust (friends, family, neighbors, other lawyers and professionals) for recommendations.  Finally, take time to meet with the potential lawyer to assess his or her skill level, attentiveness and professionalism.  You may also visit our website for examples of questions to ask during your interview.

1. Visit the Tennessee Board of Professional Responsibility website to search for the attorney.  The Tennessee Board of Professional Responsibility governs the licensing of Tennessee attorneys.  The website will provide information on whether the attorney is in good standing (able to practice law in Tennessee) and whether the attorney has ever been disciplined (e.g. suspended from the practice of law).
2. Determine if the Tennessee lawyer or someone in the firm is certified as a specialist in the area of DUI Defense.  Such information can be obtained from the website of the Tennessee Commission on Continuing Legal Education and Specialization.
3. Determine if the attorney has been rated by Martindale-Hubbell^TM and if his rating (or that of the law firm) is an “AV.”  The “AV” rating represents an attorney who has legal abilities that are “very high to preeminent” (A) and whose ethical standards rate “very high” (V).
4. Consult Avvo.com for additional information on the lawyer. Avvo provides a rating system for attorneys and was designed to assist consumers in selecting a lawyer. The benefit of Avvo is that you can review endorsements of the potential attorney from his or her peers, as well as read reviews from actual prior clients of the attorney.
5. Finally, you should visit the attorney’s website. Review the site for the attorney’s biography and resume, as well as information pertaining to Tennessee DUI law.
6. Don’t overlook contacting your friends, family, police officers and court personnel known to you or your friends, your employer, and other attorneys who specialize in other areas of law to obtain a short list of lawyers with excellent reputations.