Archive for category Tennessee Driver’s License

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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Ignition Interlock Device Requirements Under the New Tennessee DUI Laws

Below is a brief outline of some of the most frequently asked questions regarding ignition interlock device requirements as a result of the new Tennessee DUI Laws that became effective July 1, 2013 and apply to those arrested for a Tennessee DUI on or after that date.

Is an ignition interlock device (IID) now required with every DUI conviction?

The new Tennessee Law provisions do not require an IID for every DUI offender who applies for a restricted driver’s license.

What are the IID requirements with a DUI 1st offense conviction?

The use of an IID is not required with every Tennessee DUI conviction.  Rather, one of the prerequisites listed below must be present to require the use of an IID.  For instance, an IID is not required if a person refuses a chemical test (blood, breath, or urine test) and is convicted of DUI unless certain other factors are present.  Other factors may prevent the mandatory IID requirement. Accordingly, it is important to carefully review the details of your case with your Tennessee DUI attorney.

When obtaining a restricted driver’s license following a conviction for DUI 1st offense, motorists are required to operate only vehicles equipped with an ignition interlock device when:

  1. The person’s blood or breath alcohol concentration is .08% or higher;
  2. The person’s blood or breath alcohol concentration contains a combination of any amount of alcohol and marijuana, a controlled substance, controlled substance analogue, drug, or any substance affecting the central nervous system;
  3. The person was accompanied by a person under the age of 18 at the time of the DUI offense;
  4. The person was involved in a traffic accident for which notice to a law enforcement officer was required, and the accident was the proximate cause of the person’s intoxication; or
  5. The person violated the implied consent law and has a prior conviction or juvenile delinquency for a violation that occurred within five years of the instant implied consent violation for:
    1. Implied consent under Tennessee Code Annotated § 55-10-406;
    2. Underage driving while impaired under Tennessee Code Annotated § 55-10-415;
    3. The open container law under Tennessee Code Annotated § 55-10-416; or
    4. Reckless driving under Tennessee Code Annotated § 55-10-205, if the charged offense was Tennessee Code Annotated § 55-10-401.

It should be noted that even if not required by statute, judges have discretion to order the use of an ignition interlock device upon application for any restricted Tennessee driver’s license. A motorist may also request the court to order an IID rather than have her permitted driving restricted to certain days, times and locations. However, unless ordered of the court’s own accord, motorists are not eligible to apply for ignition interlock fund assistance and are responsible for all costs associated with the installation and maintenance of the device.

What are the IID requirements with a DUI 2nd or greater offense conviction?

If a person has a prior conviction within the past 10 years for DUI or Adult DWI in Tennessee or a similar offense in another jurisdiction, the court may order a restricted driver’s license.  However, the court must order that the person operate only a vehicle equipped with an ignition interlock device.

Does a violation of the Implied Consent law require the use of an IID with a restricted driver’s license?

A refusal under the Implied Consent law does not automatically trigger the requirement for an IID.  In fact, no ignition interlock device is required unless the person (1) is found to have violated the Tennessee Implied Consent law; (2) is convicted of the related-DUI offense (assuming it is a first offense); and (3) has one of the qualifying prior convictions as noted above.

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 ignition interlock device requirements, 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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Tennessee Driver License Reinstatement and Driving History

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.

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Revoked License Reporting Error

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.

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The New Implied Consent Violation Restricted Driver’s License

As discussed in a prior post, The Implied Consent Violation Restricted Driver’s License, we are often asked: Can a motorist, whose license is revoked due to an implied consent violation, receive a restricted TN driver’s license without geographic restrictions if he installs an ignition interlock device? Thanks to a new Tennessee DUI law, effective July 1, 2012, some motorist will be able to obtain a restricted driver’s license without geographic restrictions in this instance.  Tennessee law now permits a judge to order an ignition interlock device for the Tennessee Implied Consent Violation restricted driver’s license.  It must be noted, however, that the judge further has the discretion to require both an ignition interlock device and geographic restrictions.

If you would like more information about Tennessee DUI Laws, the Tennessee Implied Consent Violation (also known as a chemical test refusal), or a Tennessee Restricted Driver’s License, feel free to contact our office at (865) 249-7200. You may also wish to visit our websites to learn more about driving under the influence in Tennessee, or about the Oberman & Rice law firm.

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Spring 2012 Sobriety and Safety Checkpoints In Knox County

The Tennessee Highway Patrol has announced plans to conduct at least six checkpoints over the next two months, from March 9 through April 20, 2012.  The planned checkpoints are not always labeled Sobriety Checkpoints or DUI Roadblocks.  Some checkpoints are referred to as Driver’s License Roadside Safety Checkpoints.

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.

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Restricted License Form for Tennessee DUI

If convicted of a Tennessee DUI offense, or a similar crime in another state, a Tennessee licensee may be eligible to obtain a restricted driver’s license to allow the person to drive during, at least a portion of, the driver’s license revocation period.  One should consult with an attorney in the appropriate county–either the Tennessee county where the DUI offense occurred or the person’s Tennessee county of residence–to obtain an Order for restricted driving privileges.  A copy of this Order can be viewed by clicking here.

Additional information about eligibility for a Tennessee restricted driver’s license, as well as the requirements for obtaining such a license, can be found on the Tennessee Department of Safety’s website by clicking here.  The attorneys at the Oberman & Rice law firm are also available to assist you in obtaining a Tennessee restricted driver’s license.  You may reach Steve Oberman, Sara Compher-Rice or Nate Evans by calling (865) 249-7200.

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West Knoxville Driver Service Center Changing

The Tennessee Department of Safety Driver Service Center in West Knoxville, located at 430 Montbrook Lane, is no longer a full service driver service center.  Beginning January 3, 2012, this location will only offer Tennessee Driver’s License Reinstatement services. This applies to those reinstating their license as a result of a Tennessee Driving Under the Influence (DUI) Conviction or Violation of the Tennessee Implied Consent Law (Chemical Test Refusal).

The center will also continue to offer photo ID’s for voting purposes.  However, those who wish to obtain a copy of a driving record, or even have their driver’s license renewed, must do so at another location.

West Knox Driver License Reinstatement Station
430 Montbrook Lane
Knoxville TN 37919
(865) 690-6393
Fax: (865) 690-6530
Services: Driver License Reinstatement, Photo ID’s for voting purposes

As a result of this change, Knoxville will now have only one full service location:

Strawberry Plains Driver Testing  Station
7320 Region Lane
Knoxville, TN 37914
(865) 594-6399
Fax: (865) 594-6429
Services: Full Driver License Service station, CDL (Commercial Driver License) Skills Test, Original Handgun Permit, Driving Records (MVR), Driver License Reinstatement (Walk-In Only)

Additional information about the Tennessee Department of Safety and testing center locations may be found in our previous blog post, “Tennessee Driver’s License Information.”

We again hope the above information will help you as you navigate the waters of the Tennessee Department of Safety.  If, however, you still have questions, 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 and www.duiknoxville.com.

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The Implied Consent Violation Restricted Driver’s License

Most motorists who have violated the Tennessee Implied Consent law by refusing to submit to a blood, breath or urine test during a Tennessee DUI arrest, will be eligible to obtain a Restricted Tennessee Driver’s License.  The Restricted TN Driver’s License for the Implied Consent Violation offender must include both day and time restrictions, as well as geographic restrictions.  The permitted geographic restrictions include locations associated with:

  • Employment;
  • College or university;
  • A court-ordered alcohol program;
  • Ignition interlock monitoring appointments;
  • Meetings with probation officer;
  • Regular place of worship;
  • Scheduled litter pick-up; and
  • Outpatient alcohol/drug treatment program.

It is important to note that not all of these locations will apply to every motorist. A judge in the county in which the offense occurred, or in which the motorist resides, must approve and sign an Order for Restricted Driver License, detailing the permitted locations.  Even then, the locations, days and times are subject to final approval by the Tennessee Department of Safety.

In light of the recent changes involving Tennessee Ignition Interlock Device laws, we are often asked: Can a motorist, whose license is revoked due to an implied consent violation, receive a restricted TN driver’s license without geographic restrictions if he installs an ignition interlock device? Unfortunately, the answer is no.  When the changes were implemented permitting licenses to be issued without restrictions (as long as the motorist installed an ignition interlock device), the new law did not allow the issuance of a license without geographic restrictions for licenses revoked for violation of the implied consent law.

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Tennessee Driver’s License Information

At the Oberman & Rice law firm we often receive inquiries about Tennessee driver’s licenses.  Two of the most common questions asked are (1) Where is a Tennessee Department of Safety testing station (also known as a Full Service Driver Service Center) in Knoxville? and (2) What do I need to do to get my Tennessee driver’s license reinstated following a suspension, revocation or cancellation?

Tennessee Department of Safety Locations

The service you need will dictate which Tennessee Department of Safety Service Center you should visit.  For instance, you can renew or obtain a duplicate of your non-commercial motor vehicle driver’s license at most locations.  However, the testing necessary for a new license or, in the case of a Driving Under the Influence or Implied Consent Violation, a restricted Tennessee driver’s license is only available at the “full service” centers. A list of locations, listed by county and available services can be found by clicking here.  Knox County has only one full service center:

Strawberry Plains Driver Testing  Station
7320 Region Lane
Knoxville, TN 37914
(865) 594-6399
Fax: (865) 594-6429
Services: Full Driver License Service station, CDL (Commercial Driver License) Skills Test, Original Handgun Permit, Driving Records (MVR), Driver License Reinstatement (Walk-In Only)

Tennessee Driver’s License Reinstatement

The Tennessee Department of Safety website is an excellent source for information relating to the reinstatement of your Tennessee driver’s license.  In fact, the website provides an Online Driver Services section (available by clicking here) that allows Tennessee licensees to perform many functions on the website itself.  In some instances, you may be able to have your Tennessee driver’s license reinstated through this website.  Even if you are required to visit a testing station or other location for reinstatement, by following the prompts for reinstating your driver’s license, you can obtain valuable information on the requirements and logistics of the reinstatement procedure, including the eligible date for reinstatement.

We hope the above information will help you as you navigate the waters of the Tennessee Department of Safety.  If, however, you still have questions, Sara and Steve will be happy to speak with you at (865) 249-7200.  You may also review our websites at www.tndui.com and www.duiknoxville.com.

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