Archive for February, 2012

Is it possible to fight a blood or breath test in a DUI case?

A Tennessee DUI lawyer should never take a chemical or breath test at face value.  Different testing procedures are used across Tennessee to determine the amount of alcohol in a driver’s blood.  Some Tennessee law enforcement agencies choose to draw blood from a DUI suspect, others use a breath test, and some even obtain a urine sample for analysis.

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 and   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.

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What if a person accidentally misses a court date for a Tennessee DUI?

Court dates should always be a defendant’s highest priority, aside from urgent family emergencies.  If a person expects to miss a court date or has missed a court date in the past, he should contact his attorney as soon as possible.

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, and

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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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