Posts Tagged Tennessee DUI Law

Increased Jail Time for Some DUI Offenders in Tennessee

Beginning in July 2016, drunk drivers who have prior DUI convictions will face more severe penalties.[1] The Tennessee General Assembly has enacted a new law that amends Tennessee Code Annotated §55-10-402 and enhances the way Tennessee punishes offenders with multiple DUI convictions. These changes will apply only to those who commit an offense on or after July 1, 2016.

Previously, a conviction for a 4th offense or higher DUI was a Class E Felony. A Class E Felony carries a punishment of 1-6 years.[2] Starting on July 1, while a 4th or 5th offense conviction for DUI will remain a Class E Felony, a person who commits a 6th or subsequent offense will be sentenced as a Class C Felon. A Class C Felony is punishable by 3-15 years in the penitentiary.[3]

Although the mandatory minimum jail sentence for DUI offenders who have six or more convictions will not change, the maximum sentence increases significantly. People who are convicted of a 4th or subsequent offense must serve a mandatory minimum of 150 days in jail. However, based on statistics from 2015 in Tennessee, Class E Felons serve an average of 1.56 years in jail, while Class C Felons serve an average of 4.13 years in jail.[4] This change to the law should significantly increase the amount of incarceration for those who have six or more convictions for DUI.

About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants.  Among the many honors bestowed upon him, Steve served as Dean of the National College for DUI Defense, Inc. (NCDD) and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee.  Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the NCDD.

He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 7th edition (Wolters Kluwer/Aspen).  Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions.  He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and three foreign countries.

The author would like to thank his associate attorney, Anna Rickels, for her research and contributions to this article.

If you would like to contact the author, please visit: http://www.tndui.com

[1] http://share.tn.gov/sos/acts/109/pub/pc0876.pdf

[2] Tennessee Code Annotated §40-35-111(b)(5)

[3] Tennessee Code Annotated §40-35-111(b)(3)

[4] Sentencing Practices in Tennessee (April 2015) http://www.tncourts.gov/sites/default/files/docs/criminal_sentencing_stats_cy2014_draft_v2.pdf

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Tennessee Labor Day Traffic Enforcement

This Labor Day weekend, the Tennessee Highway Patrol plans to implement several checkpoints across the East Tennessee area. These checkpoints will include seat belt checkpoints, driver’s license checkpoints, and DUI checkpoints. A full listing of the types and locations of roadblocks can be found here. It is important to keep in mind that even if the checkpoint is for a seat belt or no driver’s license, the law enforcement agent will be looking for any sign of an impaired driver.

If the law enforcement agent suspects a driver is impaired, or Driving Under the Influence (DUI), the law enforcement agent may ask the driver to exit the vehicle and perform several tests known as “field sobriety tests.” Furthermore, the law enforcement agent may request a chemical test (breath or blood.) Any driver should be aware of their rights and possible consequences of refusing these requested tests.

Anyone arrested for DUI, or another related charge, should immediately contact a Tennessee DUI Lawyer familiar with Tennessee DUI laws.  For more information about the crime of driving under the influence (DUI) or about your legal rights with respect to a Tennessee Highway Patrol checkpoint, Steve, Sara, or AZ 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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Cinco de Mayo DUI and Traffic Enforcement

The Tennessee Highway Patrol (THP) has increased traffic safety enforcement patrols, including driving under the influence (DUI) enforcement, for the Cinco de Mayo holiday period.  The increased Tennessee DUI and traffic enforcement will continue through midnight on May 6, 2015.

In addition to this saturated DUI enforcement, the Tennessee Highway Patrol has also scheduled several roadside checkpoints in East Tennessee this week.

  • A Driver’s License Checkpoint will be conducted on 5/5/2015 in Union County, State Route 33 at 61E.
  • A Sobriety Checkpoint will take place on 5/8/15 in Knox County, State Route 33 at Loyston Road.
  • A Driver’s License Checkpoint will be held in Roane County on 5/8/15, to be located on US 27 at Industrial Park Road.

A full list of Tennessee Highway Patrol sponsored roadside checkpoints can be found by clicking here.

If you  find yourself in the situation of being accused of a DUI or other traffic offense, you should immediately contact a Tennessee DUI attorney familiar with Tennessee DUI and traffic laws.  For more information about the crime of DUI or about your legal rights with respect to an allegation of driving under the influence of an intoxicant, the lawyers at Oberman & Rice 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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Where may I obtain a Tennessee Restricted Driver’s License?

In order to apply for a Tennessee Restricted Driver’s License, it is important to go to the correct Tennessee Department of Safety location. Not every Driver Service Center in Tennessee is authorized to issue a Restricted Driver’s License. For example, Knoxville has several Driver Service Center locations but only one (located at **Strawberry Plains) can process the appropriate paperwork to obtain a Restricted Driver’s License and has the ability to issue a temporary Restricted Driver’s License, valid for 90 days.

A helpful online tool is provided by the Department of Safety in order to save you time and effort when attempting to find which Driver Service Center location will issue a Restricted Driver’s License. This link will allow for you to search and determine which Driver Service Center in your area can issue a Restricted Driver’s License or fulfill other needs you may have (i.e.: Renew a Driver’s License, Take a Road Driving Test, etc.).

If you are in need of a Tennessee Restricted Driver’s License, many important steps and procedures are required. The attorneys at Oberman & Rice can assist you in the process of obtaining a Restricted Driver’s License. For more information regarding a Restricted Driver’s License and the requirements for obtaining a Restricted Driver’s License the lawyers at Oberman & Rice are available by calling (865) 249-7200. You may also wish to visit www.tndui.com for more information about a Restricted Driver’s License.

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DUI by Prescription Medication

One of the most common misconceptions in Driving Under the Influence cases is that a person cannot be convicted of driving under the influence of a drug that prescribed to that person.  In Tennessee, driving with prescription medication in one’s system is not a defense to Driving Under the Influence (DUI).

 

Under Tennessee law it is unlawful for any person to drive or be in physical control of a motor vehicle while “Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise possess.” Tennessee Code Annotated § 55-10-401(1).  Tennessee law further specifies that, “The fact that any person charged with violating § 55-10-401 is or has been entitled to use one (1) or more intoxicants, alcohol, marijuana, controlled substances, controlled substance analogues, drugs, or other substances that cause impairment shall not constitute a defense against any charge of violating this part.” Tennessee Code Annotated § 55-10-411(e).

 

Driving under the influence of drugs (both illicit drugs and prescription medication) is reported to be on the rise, as recently highlighted in The Washington Post.  Two recent reports from the National Highway Traffic Safety Administration (NHTSA) claim that the incidents of driving under the influence by alcohol (drunk driving) are down, but there has been an increase of cases involving those driving under the influence of marijuana and prescription drugs:

The 2014 survey found that about 8 percent of people on the road on weekend nights had alcohol in their system, and slightly more than 1 percent were above the legal limit. That was 30 percent below the 2007 figure, NHTSA said, and an 80 percent drop since the first survey was taken in 1973.

But the number of people with drugs in their system was found to be on the rise. It jumped from 16.3 percent in 2007 to 20 percent of weekend nighttime drivers in 2014. Drivers with marijuana in their system soared by almost 50 percent.

See Ashley Halsey III, Fewer People  Driving Drunk, But Drug Use On The Road Is Rising, The Washington Post (Feb. 8, 2015), available at http://www.washingtonpost.com/local/trafficandcommuting/fewer-people-driving-drunk-but-more-are-driving-while-on-drugs/2015/02/08/b6c4ad2a-ae59-11e4-9c91-e9d2f9fde644_story.html.

 

If accused of driving under the influence of drugs (DUI by drugs), it is important to immediately consult with a Tennessee DUI attorney familiar with Tennessee DUI laws and the issues surrounding DUI by drugs or prescription medication.  For more information about the crime of DUI or about your legal rights with respect to an allegation of driving under the influence of an intoxicant, the lawyers at Oberman & Rice 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 Highway Patrol 4th of July Checkpoints

This 4th of July weekend, the Tennessee Highway Patrol plans to implement several checkpoints across East Tennessee, including seat belt checkpoints, driver’s license checkpoints, and DUI checkpoints.  A list of the types and locations of the roadblocks can be found here.  Be aware that even at seat belt and driver’s license checkpoints, an officer may still be looking for impaired drivers.

If an officer suspects a motorist of Driving Under the Influence (DUI), the officer might ask the motorist to perform a series of field sobriety tests. The officer may also request a chemical test, such as a breath or blood test. Drivers should be aware of their rights and the potential consequences of refusing these tests.

Anyone arrested for DUI, or another related charge, should immediately contact a Tennessee DUI Lawyer familiar with Tennessee DUI laws.  For more information about the crime of driving under the influence (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.

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Upcoming East Tennessee THP Checkpoints

The Tennessee Highway Patrol plans to implement several checkpoints across East Tennessee in the next few weeks. Tennessee Highway Patrol regulations allow for several types of checkpoints.  In addition to the commonly known Sobriety Checkpoints or DUI Roadblocks, Troopers may also establish roadblocks relating to Seatbelt and Driver’s License laws.  Be aware that even at seatbelt and driver’s license checkpoints, an officer may still be looking for impaired drivers.

If an officer suspects a driver of Driving Under the Influence (DUI), the officer might ask the driver to perform a series of field sobriety tests. The officer may also request a chemical test, such as a breath or blood test. Motorists should be aware of their rights and the potential consequences of refusing these tests.

Anyone arrested for DUI, 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.

Date County Location Type
3/12/14 Knox SR 33 @ Loyston Road Seatbelt Checkpoint
3/14/14 Union SR 33 @ SR 61 Sobriety Checkpoint
3/14/14 Roane Pine Ridge Road Near RR Tracks Driver’s License Checkpoint
3/14/14 Blount SR 336 @ Blockhouse Road Driver’s License Checkpoint
3/15/14 Anderson Sulphur Springs @ Laurel Road Driver’s License Checkpoint
3/16/14 Anderson Red Hill @ Park Lane Driver’s License Checkpoint
3/17/14 Blount SR 333 @ George Creek Boat Ramp Sobriety Checkpoint
3/19/14 Loudon I-75 North TH 76 MM Off Ramp Seatbelt Checkpoint
3/19/14 Monroe SR 322 @ I-75 S/B Exit Ramp Seatbelt Checkpoint
3/20/14 Loudon I-75 South 76 MM Off Ramp Seatbelt Checkpoint
3/20/14 Monroe SR 68 @ I-75 S/B Exit Ramp Seatbelt Checkpoint
3/21/14 Roane Highway 58 @ New Bridge Seatbelt Checkpoint
3/21/14 Campbell US 25 W @ Dog Creek Road Seatbelt Checkpoint
3/24/14 Monroe SR 369 @ Ballplay Road DL
3/26/14 Union Loyston Road @ Raccoon Valley Road Seatbelt
3/26/14 Sevier New Era Road @ South New Era Road DL
4/04/14 Knox West Emory Road @ Carpenter Road Seatbelt
4/25/14 Knox West Emory Road @ Gill Road Sobriety

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Tennessee Highway Patrol Using Tractor Trailer to Catch Distracted Drivers

As part of its new campaign to identify and cite drivers who are texting and driving, the Tennessee Highway Patrol has a new strategy to catch distracted drivers. They are using the THP tractor-trailer truck to get a higher, better look at what drivers are doing inside their vehicles in hopes that this vantage point will help spot those texting and driving. The troopers are able to spot other violations from the truck such as lane changes and seat belt violations, but the main focus of the campaign is texting and driving.

Interestingly, the new Tennessee Highway Patrol tractor-trailer has THP logos and roof-mounted emergency lights, just like a standard patrol vehicle. Once the driver of the tractor trailer spots a driver violating the law, they radio to another trooper who then makes the stop.  The THP took the tractor-trailer to the roads recently for a special two-day enforcement campaign. In just two days, troopers issued 190 tickets using the big rig. Troopers cited 16 people for texting while driving, 21 for speeding, and 78 for not wearing a seatbelt. It is important to understand that a standard traffic violation can lead to a DUI arrest if the driver, once he or she is stopped, is suspected of Driving Under the Influence.

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 traffic violations, 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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Knoxville Area DUI Checkpoints Begin Thursday Night

The Tennessee Highway Patrol has issued a media release dated July 1, 2013 that details plans for an impaired driving enforcement campaign for the upcoming Fourth of July weekend.  The Tennessee Highway Patrol plans to implement several checkpoints for the duration of the holiday weekend, which will include the standard sobriety checkpoints (DUI Roadblocks) and driver’s license checkpoints, as well as the more aggressive “no refusal” sobriety checkpoints.

At these checkpoint locations, every driver who passes through must be stopped and questioned by Troopers.  During the stop, if the Troopers notice signs of drug and/or alcohol impairment  you may be asked to exit your vehicle to perform certain roadside tasks (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 directly from the Tennessee Highway Patrol press release.  Information for additional DUI roadblocks across Tennessee can be downloaded here.

 

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.

 

DIST. 1 KNOXVILLE—Fourth of July Sobriety Checkpoints

* Indicates a No Refusal Sobriety Checkpoint; DL indicates a Driver’s License Checkpoint

THURSDAY, JULY 4

Checkpoint County Road/Highway Time of Day
DL CHECKPOINT Loudon EAST TELLICO PKWY NORTH OF 411 Afternoon
SOBRIETY* Knox CONCORD @ STATE ROUTE 332 Late Night
SOBRIETY* Knox STATE ROUTE 62 EAST @ STATE ROUTE 162 Late Night

FRIDAY, JULY 5:

Checkpoint County Road/Highway Time of Day
DL CHECKPOINT Loudon FOSTER RD @ BROWDER HILL & STEVENS RD Afternoon
SOBRIETY* Knox STATE ROUTE 131 @ CARPENTER RD Night
SOBRIETY* Knox MAYNARDVILLE RD @ FT. SUMTER RD Night
SOBRIETY Roane HWY 382 @ CHURCH OF LATTER DAY SAINTS Night
SOBRIETY Sevier US 411 @ STATE ROUTE 139 DOUGLAS DAM RD Night
SOBRIETY Anderson STATE ROUTE 61 @ VICTORY BAPTIST CHURCH Night

SATURDAY, JULY 6:

Checkpoint County Road/Highway Time of Day
DL CHECKPOINT Morgan STATE ROUTE 62 @ PETIT LANE Morning
DL CHECKPOINT Campbell SR 63 @ CAMPBELL/CLAIBORNE CO LINE Night
SOBRIETY Blount OLD KNOXVILLE HWY @ I-140 RAMP Night
SOBRIETY* Sevier SR 66 @ SR 139 DOUGLAS DAM RD Late Night

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Knoxville Sobriety Checkpoint Scheduled for February 1, 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.

 

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