Posts Tagged Knoxville DUI Lawyer
Consequences of a TN DUI Conviction – Part 3
Posted by Sara Compher-Rice in Podcasts on July 27th, 2020
In this week’s podcast, host and Knoxville DUI attorney Steve Oberman presents Part 3 of a podcast series explaining some of the Collateral Consequences that result from a Tennessee DUI conviction. The purpose of this series is to summarize some, but certainly not all, of the lesser known consequences one faces if convicted of DUI. This episode focuses on the potential effects of a Tennessee Driving Under the Influence (DUI) in Tennessee on professional licenses and a person’s internet profile.
Our Knoxville, TN DUI lawyers are also happy to answer any questions you may have about these and other issues surrounding a Tennessee DUI charge and the resulting penalties. Feel free to call our office at (865) 249-7200.
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Additional information about the Collateral Consequences of a Tennessee DUI conviction, as well as the Tennessee DUI penalties mandated by law can be found by visiting the website of Knoxville DUI attorneys, Oberman & Rice, at www.tndui.com and www.duiknoxville.com. Part 1 of this series, Collateral Consequences of a TN DUI Conviction – Part 1, can also be heard by clicking here. Part 2 of this series, Collateral Consequences of a TN DUI Conviction – Part 2, can also be heard by clicking here.
You can also watch a video version of this podcast on YouTube.
Podcast: Play in new window | Download
Tennessee Highway Patrol Checkpoints planned for the upcoming Memorial Day 2018 Weekend
Posted by Arrin Zadeh in Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News on May 9th, 2018
With just a few weeks until lake season begins in East Tennessee, motorists who plan on traveling to enjoy the upcoming Memorial Day weekend need to be mindful while driving to the lake festivities and family cookouts. Tennessee Highway Patrol troopers will be out in force during Memorial Day weekend ensuring that motorists are not driving while impaired/aggressively or committing traffic violations.
The 2018 holiday enforcement period begins Friday, May 25 and concludes Monday, May 28. Two Sobriety checkpoints are planned in Knox County on May 25. The first scheduled Sobriety Checkpoint will be located on Highway 33 at Loyston Road and the second Sobriety Checkpoint will be located on Northshore Drive west of Concord Road. Additionally, a Seatbelt checkpoint is planned in Knox County on May 26, on Ogle Avenue at Martin Mill Pike. Sobriety Checkpoints are also planned throughout the holiday weekend in Anderson and Sevier Counties. For a list of all the planned checkpoints throughout East Tennessee in May, please click here.
The DUI defense lawyers at Oberman & Rice are always willing to help those who may be falsely accused, but we’d prefer that the readers of this blog not place themselves in a position to be suspected of driving under the influence of an intoxicant. Please review our website for more information or call us with questions at (865) 249-7200.
THP checkpoints planned for the upcoming Labor Day 2017 Weekend
Posted by Arrin Zadeh in Tennessee DUI Checkpoints, Tennessee DUI News on August 30th, 2017
Motorists need to be mindful during the upcoming Labor Day Weekend while driving to the lake and family cookouts. Tennessee Highway Patrol troopers will be out in force this Labor Day weekend ensuring that motorists are not driving while impaired/aggressively or committing traffic violations.
The 2017 holiday enforcement period begins Friday, September 1, and concludes Monday, September 4. Driver’s license checkpoints are planned in a number of Tennessee counties including Knox County on Sept September 1, at S.R. 61 Emory Road at Washington Pike and in Campbell County at SR 63 at Campbell/Claiborne line. Sobriety checkpoints are also planned throughout the holiday weekend. For a list of all the planned checkpoints in September click here.
The DUI defense lawyers at Oberman & Rice are always willing to help those who may be falsely accused, but we’d prefer that the readers of this blog not place themselves in a position to be suspected of driving under the influence of an intoxicant. Please review our website for more information or call us with questions at (865) 249-7200.
Tennessee Legislature Addresses “Self Driving” Cars
Posted by Arrin Zadeh in Tennessee DUI News, Tennessee Traffic Violations on August 3rd, 2017
If you have watched the news lately, you have probably heard of the automobile giant called Tesla. Tesla is famous for its work toward developing automated cars that operate without the need for a human driver. As one could imagine, vehicles driven without a person in total control behind the wheel could be potentially dangerous—there is always a risk of some sort of malfunction with the automated system or the driver being unresponsive to the warning messages from the automated system. One such example of this issue has already arisen in Ohio. In fact, even Tesla itself released a video warning of the potential dangers of the self-driven vehicles. States have started to take notice of these self-driving vehicles and some States have even started passing laws aimed at these types of automobiles.
For example, a new law that took affect in Tennessee on July 6, 2017, sets out requirements for operating an “Automated Driving System” or “ADS”. The “Automated Vehicles Act” as created by the Tennessee Legislature in Public Chapter No. 474 sets forth certain requirements in order for such ADS enabled vehicles to lawfully operate on Tennessee roads. This statute aims to lay out restrictions on ADS vehicles as well as determine liabilities for the ADS operated vehicles.
Interestingly, if the requirements for an ADS set forth by the statute are not followed, it is a Class A Misdemeanor for a person to knowingly operate the vehicle without a human driver in the driver’s seat, punishable up to 11 month and 29 days in jail. As more options become available for ADS vehicles, those who are interested in utilizing the technology must be vigilant to ensure their vehicles comply with the statutory requirements.
Anyone charged with a traffic offense or 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 traffic offenses, 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. The DUI Defense attorneys at Oberman & Rice are available to speak with you 24/7.
“No Refusal” Sobriety Checkpoints on New Year’s Eve
Posted by Steve Oberman in Chemical Tests, Legal Rights, Tennessee DUI Checkpoints, Tennessee DUI Chemical Tests, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News on December 30th, 2016
On New Year’s Eve, as 2016 draws to a close, Tennessee Highway Patrol troopers will be out in force with multiple sobriety checkpoints throughout the state.
In East Tennessee, “No Refusal” Sobriety Checkpoints are planned in Knox, Loudon, Roane, Campbell, and Sevier County. For the exact locations and a full list of all planned checkpoints throughout the state, click here.
The term “No Refusal” relates to the use of chemical tests (blood, breath, or urine) to measure the concentration of alcohol or drugs in a person’s system. Usually, a person who is arrested for DUI has the right to refuse to consent to a chemical test, although there are exceptions to the right to refuse and there are consequences to refusing. If an arrestee refuses to consent, a law enforcement officer has the option of obtaining a search warrant that requires the arrestee to submit to a chemical test.
During “No Refusal” enforcement periods, like this holiday weekend, the Tennessee Highway Patrol typically has a Tennessee judge (or judges) on call. If a person is arrested for DUI and refuses to submit to a chemical test, and if the judge determines that the requisite legal grounds exist, the judge will issue a search warrant. This search warrant allows the officer to obtain a chemical test (most often a blood sample), even over the objection or refusal of the motorist placed under arrest.
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. Even during this busy holiday season, the DUI Defense attorneys at Oberman & Rice are available to speak with you 24/7.
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, 8th 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.
How Do I Reinstate My Tennessee Driving Privileges?
Posted by Steve Oberman in Driver License Reinstatement, Frequently Asked Questions, Tennessee Driver's License on October 25th, 2016
Tennessee residents who have had their driving privileges revoked or suspended because of a Driving Under the Influence conviction (or because of other traffic issues) often want to know the steps required to reinstate their Tennessee driving privileges. There is no “one-size-fits-all” answer, however, because the requirements are unique for each individual and depend on the circumstances of the revocation or suspension.
Fortunately, the State of Tennessee has made it quite easy to answer this question. By visiting the following website and entering certain key information (last name, date of birth, Tennessee driver license/I.D. number, and Social Security Number), Tennessee residents may discover the individual requirements that they need to satisfy before the Department of Safety will reinstate their driver license. This website allows individuals to not only discover the reinstatement requirements if their driving privileges have been revoked, but one may also add an emergency contact to their license, order a duplicate license, document a change of address, or even obtain a driving history.
The Oberman & Rice law firm often deals with issues involving Tennessee driver licenses, often relating to Tennessee DUI offenses or other traffic issues. Should you have any legal issues regarding your Tennessee driver license, our attorneys, Steve, Sara, and A.Z. are available to speak with you and can be reached by calling (865) 249-7200.
Increased Jail Time for Some DUI Offenders in Tennessee
Posted by Steve Oberman in DUI Fourth Offense, DUI Penalties, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI News, Tennessee DUI Penalties, Uncategorized on June 6th, 2016
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
Update: Tennessee Driver License Reinstatement and Driving History
Posted by Arrin Zadeh in Driver License Reinstatement on September 11th, 2015
The Tennessee Department of Safety (TDOS) has updated their website to allow for individuals seeking a driver’s license reinstatement (e.g. following a revocation for a Tennessee DUI conviction) instant access to check the status of their driver’s license. This website will also allow for: Adding an Emergency Contact; Changing your Address; and the Ability to View any Reinstatement Requirements. Please keep in mind that you must have the following information in order to begin the process of accessing your driver’s license status: Tennessee Driver License/ID Number; Last Name; Last four (4) Digits of your Social Security Number; and Date of Birth. If you are unable to have access to the Internet, you may always call the TDOS at 1-866-903-7357. Tennessee drivers who have their license suspended or revoked should take advantage of this resource.
The Tennessee Department of Safety also provides resources for someone to obtain a copy of a Tennessee Driver Record/Driving History/ Motor Vehicle Record (or Tennessee MVR) online. You may also visit a full service Driver Service Center for a copy of your MVR (a list of these centers may be found here.) The following information on obtaining a copy of one’s driving record comes from the TDOS’s website:
You will need the following information to request your MVR online:
- Name
- Date of Birth
- TN Driver’s License Number
- Credit Card/Check card Payment of $7.00
If you choose to go to a Driver Service Center for a copy of your MVR you will need the following:
- Name
- Date of Birth
- TN Driver’s License Number
- $5.00 Payment
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 MVR.
You may also request a copy of your MVR by mail by mailing your request to:
Tennessee Department of Safety & Homeland Security
MVR Request
PO BOX 945
Nashville, Tennessee 37202
Please take note there is a $5.00 charge for a copy of a three-year driving record. You may either send a cashier’s check or money order made payable to Tennessee Department of Homeland Security. Please include the Driver’s Name; Birth Date; and TN Driver’s License Number. It will take about two weeks from the mailing date to receive the 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.
Tennessee Labor Day Traffic Enforcement
Posted by Arrin Zadeh in Tennessee DUI Checkpoints, Tennessee DUI News on September 4th, 2015
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.
Cinco de Mayo DUI and Traffic Enforcement
Posted by Sara Compher-Rice in Tennessee DUI Checkpoints, Tennessee DUI News on May 5th, 2015
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.
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A Driver’s License Checkpoint will be conducted on 5/5/2015 in Union County, State Route 33 at 61E.
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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.
Tennessee Highway Patrol 4th of July Checkpoints
Posted by Sara Compher-Rice in Uncategorized on July 4th, 2014
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.
Upcoming East Tennessee THP Checkpoints
Posted by Sara Compher-Rice in Tennessee DUI Checkpoints, Tennessee DUI News on March 12th, 2014
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 |
Tennessee Motor Vehicle Driving Record (MVR) Now Available Online
Posted by Sara Compher-Rice in Tennessee Driver's License, Tennessee Traffic Violations on November 19th, 2013
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.
Tennessee Highway Patrol Using Tractor Trailer to Catch Distracted Drivers
Posted by Sara Compher-Rice in Tennessee DUI News, Tennessee Traffic Violations on November 6th, 2013
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.
Knoxville Area DUI Checkpoints Begin Thursday Night
Posted by Sara Compher-Rice in Tennessee DUI Checkpoints, Tennessee DUI News on July 3rd, 2013
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 |
All lawyers were not created equal — Hiring a Tennessee DUI Lawyer
Posted by in Court Procedures, Hiring a Tennessee DUI Attorney, Uncategorized on April 8th, 2013
Choosing the right Tennessee DUI lawyer is a critical decision that must be taken seriously. A Driving Under the Influence charge is often the first interaction many people have with the criminal justice system, which naturally leads to stress and uncertainty about the criminal process and possible repercussions. Many people often receive a flood of mail following a DUI arrest from attorneys, but it makes sense to carefully consider all options.
If you hire a lawyer and become dissatisfied with your choice, while your case is pending or even after a DUI conviction, it may be difficult to retain a different DUI attorney. For instance, because it is so important to begin investigating a DUI quickly, our office is often reluctant to to take a case after another lawyer has been retained and precious time to investigate has been lost. Therefore, the first decision should be made after considering the following:
- What is the focus of the attorney’s practice? Are they, and for how long have they been primarily devoted to DUI defense?
- Has the lawyer had any complaints filed against him or her?
- What books and articles has the attorney published?
- Did the DUI attorney graduate from an ABA accredited law school?
- Has the Tennessee Commission on CLE & Specialization and the National College for DUI Defense certified the attorney as a DUI Defense Specialist?
- What reviews has the attorney received from lawyer review agencies like Avvo?
- Has the lawyer achieved Martindale-Hubbell’s™ prestigious “AV” (very high to preeminent) rating?
- When and how often has the attorney lectured to his or her peers about DUI Defense?
We encourage prospective clients to devote the appropriate time, usually 2 hours, to properly investigate and speak with an attorney about their case. In our office, Steve and Sara are available every day of the year to discuss pending DUI charges. Please contact us at 865-249-7200 with any questions.
Impact of Out of State Convictions in Tennessee
Posted by in Court Procedures, Criminal Record, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Penalties, Uncategorized on April 3rd, 2013
The internet and electronic record keeping has led to the end of a time when what “happened in Vegas, stayed in Vegas.” Similarly, criminal convictions from a distant state may no longer be ignored after a person moves away from that state. As law enforcement, court clerk’s offices, and agencies responsible for drivers licenses continue to store and share information electronically, a person’s criminal history is increasingly likely to follow him or her across state lines.
For example, a prior DUI conviction from another state may significantly increase potential penalties and the outcome of a Tennessee DUI case, just as would a prior Tennessee DUI conviction. State and federal agencies are increasingly accurate and reliable in their effort to report crimes to the National Crime Information Center (NCIC). By accessing the NCIC, any state or federal prosecutor may quickly review an individual’s entire criminal history, including charges that have been dismissed.
Prior charges and convictions may negatively impact pending DUI litigation. As a result, it is imperative that anyone facing criminal charges fully disclose these charges to their Tennessee Defense Attorney, even if the prior charges have been dismissed and expunged.
Please contact our office to find out more about convictions in other states and how to address them as part of a DUI defense strategy. You may contact our Tennessee DUI defense lawyers, Steve and Sara by calling (865) 249-7200.
Tennessee Driver License Reinstatement and Driving History
Posted by Sara Compher-Rice in Driver License Reinstatement, Frequently Asked Questions, Tennessee Driver's License on February 7th, 2013
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; Last Four (4) Digits of your Social Security Number; 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? Tennessee does provide an option to obtain this report online. A person may also obtain a copy of their MVR by visiting 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.
Knoxville Sobriety Checkpoint Scheduled for February 1, 2013
Posted by Sara Compher-Rice in Field Sobriety Tests, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News on February 1st, 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.
Revoked License Reporting Error
Posted by in Tennessee Driver's License, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI News, Tennessee Traffic Violations on January 25th, 2013
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.
Wishing You a Safe & Happy New Year
Posted by Sara Compher-Rice in Tennessee DUI Information, Tennessee DUI News on December 27th, 2012
The Knoxville Police Department has announced plans for a “New Year Holiday Enforcement Campaign.” The increased enforcement will focus on motorists who are speeding, following too closely or driving recklessly, as well as those who show signs of impaired driving (driving under the influence). More information about the KPD holiday enforcement plans can be found by clicking here. The increased patrols will begin at 4 p.m. on New Year’s Eve and conclude at midnight on New Year’s Day.
Should you or a loved one be arrested for DUI (driving under the influence) or related charges, the attorneys at Oberman & Rice are available to assist you. You may contact Steve and Sara 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.
Knox County, TN Sobriety Checkpoints
Posted by Steve Oberman in Tennessee DUI Checkpoints, Tennessee DUI News on November 5th, 2012
The Tennessee Highway Patrol is planning sobriety checkpoints in Knox County, Tennessee. These checkpoints are also frequently referred to as DUI roadblocks or DWI roadblocks. Prior to administering such a DUI roadblock, the police (THP in this case) are legally required to advise the public of the location and times of the roadblock/sobriety checkpoint.
The lawyers at Oberman & Rice would like to repeat the information publicized by the Knoxville News-Sentinel in reference to the location and times of the roadblocks. They are: Friday, November 9, 2012 starting at 11:00 PM on Maryville Pike at Mt. Olive Baptist Church South; and Friday, December 7, 2012 starting at 11 p.m. on Oak Ridge Highway at Pellissippi Parkway.
Please be on the lookout for and drive cautiously near these DUI roadblocks. There will likely be a lot of law enforcement personnel in the area.
Anyone detained and then arrested at a Tennessee 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, Steve and Sara are available by calling (865) 249-7200.
Could I be charged after the fact if my friend got a DUI in my car in which I was a passenger?
Posted by in Court Procedures, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws on October 26th, 2012
Law enforcement officers investigating a potential crime make important decisions about who to arrest. At the scene of a suspected DUI an officer may decide to arrest and charge both the driver and passenger of a vehicle with the offense of Driving Under the Influence. Depending on the circumstances, an officer may choose to only arrest the driver of the vehicle if the officer suspects DUI.
The state prosecutor, however, is not required to follow the officer’s decisions. After an arrest is made, a prosecutor may learn of additional facts, like the ownership of the vehicle involved in the crime. In response to this knowledge, a prosecutor may issue additional arrest warrants for uncharged defendants or increase the severity of the charges.
In most DUI cases, the prosecutor has one year from the date of the offense to bring charges – the statute of limitations for Tennessee misdemeanor offenses. For more serious DUI-related offenses involving multiple offenses, bodily injury, or death, the prosecutor may take up to 15 years to bring charges.
The criminal defense attorneys at Oberman & Rice are able to provide advice and counsel both before and after arrest. Should you have any questions about a Tennessee DUI issue, you may contact Steve and Sara by calling (865) 249-7200. Our Tennessee DUI website, provides additional information about the crime of DUI and its associated penalties.
[Source: Tenn. Code Ann. § 40-2-101 & § 40-2-102]
DUI Vehicle Forfeiture: What you should know if you receive a “Notice of Seizure”
Posted by in Court Procedures, DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Forfeiture, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI Penalties, Tennessee Traffic Violations on October 13th, 2012
The Tennessee Department of Safety, through law enforcement officers, may seize the vehicle of anyone suspected of multiple DUIs. A vehicle may also be seized from anyone found to be driving on a revoked, cancelled, or suspended license if the reason for the revoked, cancelled, or suspended license was a DUI conviction. In other words, a person convicted of a DUI risks vehicle seizure if he or she is found to be driving without a valid license or is suspected of DUI, regardless of whether there is a conviction.
When a citizen’s property is seized, the government, which is typically be represented by the Tennessee Department of Safety in cases involving vehicle and asset forfeiture, must follow the rules. Multiple state laws, court cases, and administrative rules govern the forfeiture process. Furthermore, constitutional protections against unreasonable searches and seizures and against excessive fines may apply to forfeiture proceedings just as they do criminal proceedings.
The Department of Safety rules and regulations are complicated and often intimidating. Nevertheless, failure to take action within strict time limits may result in the loss of property rights. If you or someone you know has had property seized by law enforcement, it is important to contact a Tennessee criminal attorney immediately. You may contact Steve and Sara by calling (865) 249-7200. You may also wish to review our website for additional information about forfeitures.
[Source: T.C.A. Section 55-10-401 et seq., Williams v. State Dept. of Safety, 854 S.W.2d 102 (Tenn. Ct. App. 1993), Stuart v. State Dept. of Safety, 963 S.W.2d 28 (Tenn. 1998)]
DUI: Misdemeanor or Felony?
Posted by in DUI First Offense Penalties, DUI Penalties, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI Penalties, Uncategorized on October 2nd, 2012
A First Offense DUI in Tennessee is always a Misdemeanor (sentence of less than 1 year in jail) if no accidents, injuries, or deaths result from the offense. However, all DUI convictions require defendants to serve at least 48 hours in jail, which is a harsher punishment than a defendant would receive for most other Misdemeanors.
Even though Second and Third Offense DUIs are charged as misdemeanors, the mandatory minimum sentences are 45 and 120 days respectively for Second and Third Offenses. A Fourth or subsequent DUI Offense is a Felony Offense (sentence of 1 year or more in jail) and, upon conviction, requires that a defendant serve 150 days in jail. These mandatory jail sentences are significantly harsher than mandatory minimum sentences for nearly every other Misdemeanor Offense.
Jail time is one of many penalties that are unique to DUI. Please visit TNDUI.COM for more details about the penalties for DUI offenses in Tennessee. A Tennessee DUI attorney can help you avoid the harshest punishment. Please contact Knoxville DUI attorneys Steve and Sara at (865) 249-7200 if you have any DUI-related questions.
[Source: T.C.A. 55-10-403]
Can I be convicted of DUI when in a parked vehicle?
Posted by in Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Information, Tennessee DUI Laws on September 26th, 2012
Yes. In Tennessee, it is possible to be convicted of a DUI while sitting in a parked vehicle with or without the engine running. According to Tennessee DUI law, a state prosecutor need only prove that an impaired person was “in physical control” of an “automobile or motor driven vehicle” in order to obtain a conviction. Court decisions in Tennessee have confirmed that a person, in a parked car, with the keys in the ignition, may be convicted of a DUI.
However, the DUI law in Tennessee does not assure that the state prosecutor will succeed in such a case. A person is not ‘automatically’ guilty when found in a vehicle with the keys in the ignition. A Tennessee DUI attorney should investigate the location of arrest, actions of law enforcement, and any proof of impairment in order to find additional weaknesses in the prosecutor’s case.
Regardless of a defendant’s location and circumstances, everyone accused of a DUI should consult with a DUI attorney as soon as possible. If you have questions about the facts of a case, Steve and Sara are ready to help you. You may reach all of our attorneys by calling (865) 249-7200.
[Source: T.C.A. 55-10-401]
Consequences of a TN DUI Conviction – Part 2
Posted by Sara Compher-Rice in Podcasts on March 26th, 2012
In this week’s podcast, host and Knoxville DUI attorney Steve Oberman presents Part 2 of a podcast series explaining some of the Collateral Consequences that result from a Tennessee DUI conviction. The purpose of this series is to summarize some, but certainly not all, of the lesser known consequences one faces if convicted of DUI. This episode focuses on the potential effects of a Tennessee Driving Under the Influence (DUI) in Tennessee on parental rights and immigration status.
Our Knoxville, TN DUI lawyers are also happy to answer any questions you may have about these and other issues surrounding a Tennessee DUI charge and the resulting penalties. Feel free to call our office at (865) 249-7200. For issues surrounding parental rights and the status of non-citizens, our attorneys can also refer you to Tennessee attorneys knowledgeable in these areas of law.
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Additional information about the Collateral Consequences of a Tennessee DUI conviction, as well as the Tennessee DUI penalties mandated by law can be found by visiting the website of Knoxville DUI attorneys, Oberman & Rice, at www.tndui.com and www.duiknoxville.com. Part 1 of this series, Collateral Consequences of a TN DUI Conviction – Part 1, can also be heard by clicking here.
You can also watch a video version of this podcast on YouTube.
Podcast: Play in new window | Download
Spring 2012 Sobriety and Safety Checkpoints In Knox County
Posted by in Hiring a Tennessee DUI Attorney, Tennessee Driver's License, Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News, Uncategorized on March 6th, 2012
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.
How long can a person go to jail for a Tennessee DUI?
Posted by Sara Compher-Rice in Court Procedures, DUI First Offense Penalties, DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Laws, Tennessee DUI Penalties on March 6th, 2012
The number of prior DUI convictions in a defendant’s past significantly affects the amount of jail time a defendant may expect to serve if he or she is convicted of a Tennessee DUI. It is important to note that the prior convictions need not be from Tennessee. Even out of state DUI convictions can be used against a person accused of committing a Tennessee DUI offense.
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.
Is it possible to fight a blood or breath test in a DUI case?
Posted by in Breath, Chemical (Blood, Chemical Tests, Court Procedures, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Chemical Tests, Tennessee DUI Information on February 29th, 2012
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 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.
What if a person accidentally misses a court date for a Tennessee DUI?
Posted by in Court Procedures, DUI Penalties, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Information, Tennessee DUI Laws on February 22nd, 2012
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 www.tndui.com, www.duiknoxville.com and www.tncriminaldefense.com.
Consequences of a TN DUI Conviction – Part 1
Posted by Sara Compher-Rice in DUI Penalties, Frequently Asked Questions, Podcasts, Tennessee DUI Consequences on November 21st, 2011
Citizens charged with Driving Under the Influence (DUI) in Tennessee often understand the Tennessee DUI penalties, such as large fines, mandatory jail time, roadside litter pick-up, and loss of driver’s license. However, few are aware of the collateral consequences associated with a Tennessee DUI conviction. Collateral consequences are problems and difficulties experienced as a result of a DUI conviction that are separate from the penalties faced in court. Those convicted of DUI find themselves dealing with the consequences long after all fines are paid, probation has expired, and their driver’s license has been reinstated.
In this week’s podcast, host and Knoxville DUI attorney Steve Oberman presents Part 1 of a podcast series explaining some of the Collateral Consequences that result from a Tennessee DUI conviction. The purpose of this series is to summarize some, but certainly not all, of the lesser known consequences one faces if convicted of DUI. Our Knoxville, TN DUI lawyers are also happy to answer any questions you may have about these and other issues surrounding a Tennessee DUI charge and the resulting penalties. Feel free to call our office at (865) 249-7200.
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Additional information about the Collateral Consequences of a Tennessee DUI conviction, as well as the Tennessee DUI penalties mandated by law can be found by visiting the website of Knoxville DUI attorneys, Oberman & Rice, at www.tndui.com and www.duiknoxville.com.
You can also watch a video version of this podcast on YouTube.
Podcast: Play in new window | Download
Expungement of a Tennessee DUI
Can a Tennessee DUI conviction be expunged from my criminal record?
If you are convicted of a Tennessee DUI offense, the conviction cannot be erased from your criminal record. Only a dismissed charge may be expunged. Any conviction in Tennessee remains on a person’s criminal record forever unless a pardon is issued by the governor after a careful review by the Board of Probation and Parole.
Accordingly, if a person pleads guilty to a DUI in Tennessee, that person will not be eligible to have the charge dismissed or expunged. However, a person charged with a DUI may not need to plead guilty to a DUI. This is one reason why it is important to have an experienced Tennessee DUI attorney review your case before entering into any plea agreement that results in a criminal conviction.
[Sources: Tenn. Code Ann. § 55-10-403; § 40-35-313; § 40-27-102]
The Overlooked Costs of a Tennessee DUI Charge
Posted by Sara Compher-Rice in DUI First Offense Penalties, DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Penalties on August 23rd, 2011
Most people do not recognize the varied costs associated with a DUI charge. Although the exact cost is difficult to determine without knowing the facts of your case, the costs you may encounter (excluding attorney fees) include, but are not limited to:
- Investigation expenses (scene photos, witness interviews, etc.)
- Police communication tapes (911) and transcription
- Police videotapes and transcription
- Field sobriety test expert fees
- Chemical test (blood, breath or urine) expert fees
- Technology fees (e.g. to play the police video in court)
- Fees/court costs associated with conviction (e.g. $40.00 ignition interlock fee for all DUI convictions; $250.00 chemical test fee; $100.00 assessment etc.)
- Mandatory minimum fines ($350 for a DUI 1st Offense; $600.00 for a DUI 2nd Offense; $1,100.00 for a DUI 3rd Offense; and $3,000.00 for a DUI 4th or subsequent Offense)
- Increased insurance premiums for a minimum of 3 to 5 years
- Lost income from lost job opportunities
- Costs related to probation (litter pick-up fees; probation fees; DUI school; Ignition interlock device; SCRAM device; alcohol treatment)
- Driver’s license reinstatement fees
- Costs associated for alternative transportation if you are not permitted a restricted driver’s license
As you can see, depending upon the facts of your case and whether you are ultimately convicted of DUI, a DUI arrest can be quite costly.
The One Leg Stand Field Sobriety Test
Posted by Steve Oberman in Podcasts on June 2nd, 2011
Have you driven by a police officer watching someone balancing on one leg on the side of the road? Then you’ve likely observed someone taking the One Leg Stand test. The One Leg Stand field sobriety test is one of three tests standardized by the National Highway Traffic Safety Administration and used by law enforcement officers to assist in the detection of impaired motorists.
In this week’s podcast Steve Oberman provides a summary of the Standardized One Leg Stand test. If you have not done so already, you should first listen to the previous podcast entitled “The History of Field Sobriety Tests,” which can be found by clicking here.
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Additional information about the Standardized One Leg Stand Test can be found on the Oberman & Rice websites at www.tndui.com and www.duiknoxville.com. You may also contact Steve or Sara for more information by calling (865) 249-7200.
You can also watch a video version of this podcast on YouTube.
Podcast: Play in new window | Download
The Walk and Turn Field Sobriety Test
Posted by Sara Compher-Rice in Podcasts on May 8th, 2011
Every day, law enforcement officers must decide whether to arrest a suspect for DUI. They have to determine whether the person’s ability to drive is impaired below normal or whether their blood alcohol content exceeds the legal limit of .08%. One of the tools they use is the Standardized Field Sobriety Test (SFST) battery recognized by the International Association of Chiefs of Police and the National Highway Traffic Safety Administration (NHTSA). This battery consists of 3 tests: the Horizontal Gaze Nystagmus, the Walk and Turn and the One Leg Stand tests.
In this week’s podcast Steve Oberman provides a summary of the standardized Walk and Turn test. If you have not done so already, you should first listen to the previous podcast entitled “The History of Field Sobriety Tests,” which can be found by clicking here.
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Additional information about the Walk and Turn test, as well as the remaining standardized field sobriety tests, can be found on the Oberman & Rice websites at www.tndui.com and www.duiknoxville.com. You may also contact Steve or Sara for more information by calling (865) 249-7200.
You can also watch a video version of this podcast on YouTube.
Podcast: Play in new window | Download
When Will Your Prior DUI Conviction Be Used Against You?
Posted by Sara Compher-Rice in DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Laws, Tennessee DUI Penalties on March 20th, 2011
Understanding when and if a prior conviction for Driving Under the Influence can be used against you to increase the penalties of a second or subsequent DUI conviction can be complicated and confusing. In Tennessee, this determination has been further complicated by a recent change in the law (Tennessee Code Annotated § 55-10-403(a)(3)), which became effective July 1, 2010 and is discussed in more detail below.
To determine when a person is classified as a Tennessee DUI multiple offender, we first must answer the question: how far back does Tennessee look for prior convictions? This time period is also often referred to as the “look back” period. Typically, this “look back” period is 10 years, but depending upon the circumstances of the case, this period may be extended up to 20 years. Knoxville DUI attorneys Steve Oberman and Sara Compher-Rice are available to answer your questions about the Tennessee “look back” period and how it may affect your Tennessee DUI case.
The next question is how (or from what dates) is the “look back” period calculated? This calculation is impacted by the new Tennessee DUI law. When examining the initial 10-year period, the calculation should be made as follows:
Arrests prior to July 1, 2010: Compute 10 years from the date of conviction for the current offense to the date of conviction of the previous DUI offense.
Arrests on or after July 1, 2010: Compute 10 years from the date of the current offense (current arrest date) to the date of the previous offense (previous arrest date).
In other words, the calculation has changed from conviction date to conviction date to now being determined from DUI arrest date to DUI arrest date.
Should you have any additional questions about the offense of DUI in Tennessee or the associated penalties, please visit the Oberman & Rice websites at www.tndui.com and www.duiknoxville.com. Steve and Sara may also be reached by calling (865) 249-7200.
Driver’s License Reinstatement Following DUI Conviction
Posted by Sara Compher-Rice in Frequently Asked Questions, Tennessee Driver's License, Tennessee DUI Consequences on March 15th, 2011
One consequence of Driving Under the Influence (DUI) and related convictions, such as Implied Consent Violation, is the loss of the person’s Tennessee driver’s license. Depending upon the facts of the case, the Tennessee driver’s license revocation can range from one year to more than ten years. Once the revocation period expires, the person is not allowed to simply start driving. Rather, specific steps must be taken to have one’s driver’s license properly reinstated with the Tennessee Department of Safety.
Failure to reinstate your Tennessee driver’s license could result in your arrest if you drive while unlicensed. In fact, a conviction for Driving on a Revoked, Suspended or Canceled Driver’s License could result in a mandatory jail sentence if your license had been revoked, suspended, or canceled as a result of a DUI conviction. Eligibility for driver’s license reinstatement is not a defense to this crime.
To find out when your Tennessee driver’s license is eligible for reinstatement and to how to accomplish this goal, you may click here for detailed information relating to reinstating your Tennessee driving privilege. To obtain this information, you should be prepared to provide your Tennessee driver’s license/ID number.
If you have any additional questions about Tennessee driver’s license consequences of a Driving Under the Influence (DUI) conviction, Steve Oberman and Sara Compher-Rice are available to speak with you and answer your questions. Steve and Sara can be reached by calling (865) 249-7200. You may also find additional information about the crime and consequences of DUI on our firm’s websites: www.tndui.com and www.duiknoxville.com.
Defining “Under the Influence” and “Drunk Driving”
Posted by Sara Compher-Rice in Podcasts on February 23rd, 2011
Tennessee law prohibits a motorist from driving “under the influence” as explained in Tennessee Code Annotated § 55-10-401. What most people do not understand is that driving “drunk” is actually not the legal equivalent to being “under the influence.” Steve Oberman explains this distinction and what it means to drive “under this influence” in this week’s podcast: Defining “Under the Influence.”
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A video version of this podcast may also be viewed by clicking here.
You can also watch a video version of this podcast on YouTube.
If you have any questions about the offense of Driving Under the Influence, feel free to visit the Oberman & Rice websites at www.tndui.com and www.duiknoxville.com. You may also contact Steve or Sara by calling (865) 249-7200.
Podcast: Play in new window | Download
How Many People Drive Under the Influence Each Year?
Posted by Steve Oberman in Podcasts on February 3rd, 2011
The Oberman & Rice Law Firm is pleased to announce the creation of The DUI Law Podcast. The DUI Law Podcast features former Dean of the National College for DUI Defense, Inc., and managing attorney of Oberman & Rice, Steve Oberman. Each episode Steve will expound on a different area of DUI laws, including, but not limited to, information about the DUI arrest, the science surrounding DUI laws, and how to choose the best DUI attorney to handle your case.
We hope you enjoy the first episode, in which Steve reviews a recent study relating to how many people drive while under the influence each year.
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