Posts Tagged Tennessee DUI Attorney
New DUI Law Alert–Work Release Requirement Update
Posted by Sara Compher-Rice in Court Procedures, criminal offense, DUI Penalties, Frequently Asked Questions, Tennessee DUI Laws, Tennessee DUI News on January 8th, 2024
The Tennessee Legislature passed several new laws that are scheduled to take effect on January 1, 2024. The second DUI related law we are highlighting involves the Tennessee Work Release Program. Work release is a form of probation that may be used, in certain circumstances, after a person has served their mandatory minimum sentence. In fact, many DUI offenders are precluded from work release programs, which allow offenders to leave the detention facility at scheduled times to attend work. Beginning January 1, 2024, Tennessee criminal offenders who are accepted into a work release program have additional restrictions.
Under this new law, “beginning January 1, 2024, a prisoner of a county workhouse or jail who is released from custody on work release or otherwise allowed to leave the grounds of the county workhouse or jail for employment or to perform work in the community, whether the work is paid or unpaid, must use an electronic monitoring device at all times when the prisoner is not on the grounds of the county workhouse or jail.” Tennessee Code Annotated § 41-2-152. Additionally, the entity employing the offender is responsible for all costs associated with the electronic monitoring device.
Should you have any questions relating to a DUI arrest in Tennessee or about the requirements under Tennessee DUI laws, the lawyers at Oberman & Rice are available to speak with you at (865) 249-7200. You may learn more about Tennessee Driving Under the Influence laws by visiting www.tndui.com.
New Year’s Eve Traffic Enforcement and Sobriety Checkpoints
Posted by Sara Compher-Rice in Tennessee DUI Checkpoints, Tennessee DUI Information, Tennessee DUI News, Tennessee Traffic Violations, THP, Traffic Citations on December 28th, 2023
As 2023 draws to a close, the Tennessee Highway Patrol has planned several Sobriety Checkpoints (also commonly referred to as a “DUI Roadblocks”) in East Tennessee. Motorists in Monroe County can expect a DUI Roadblock on December 29, 2023 on U.S. 411 at the Monroe/Loudon County line. THP has also planned a Knox County Sobriety Checkpoint on New Year’s Eve at Cherokee Trail and Cherokee Bluff Drive. A full list of the Tennessee Highway Patrol checkpoint enforcement dates and locations can be found by clicking here.
The DUI defense lawyers at the Oberman & Rice Law Firm are always available to assist those arrested or cited for a traffic violation. If you or a loved one find yourself in need of a criminal defense or traffic lawyer, please make sure to contact one of our law partners at (865) 249-7200 or by visiting www.tndui.com. Even though most law firms are closed during this holiday period, all of our lawyers will be available 24/7 to help you and take your call. If we cannot be of assistance, then our firm will attempt to help find you someone who can. Oberman & Rice wishes you all a safe and healthy New Year.
“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.
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.
-
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.
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 |
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.
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.
Will I be able to rent a car after a DUI conviction?
Posted by in DUI Penalties, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI Penalties, Uncategorized on January 17th, 2013
Many people are unaware of the many collateral consequences of a DUI conviction. One generally understood consequence of a conviction for Driving Under the Influence, First Offense, in Tennessee is the loss of a driver license for one year. Even though a restricted driver license may be obtained for many people convicted of a DUI, First Offense, a restricted driver license will typically not suffice to rent a motor vehicle. Most, if not all, national rental agencies require a renter to provide a valid driver license. Therefore, the possibility of renting a car will not be an option for at least a year after a conviction for Driving Under the Influence in Tennessee.
Even after the Tennessee driver license reinstatement of someone convicted of DUI, the ability to rent a car may be limited due to insurance concerns. Individual rental companies may respond differently to a prior DUI conviction. Therefore, the best course of action would be to contact a sales representative before a rental car is reserved online and relied upon for transportation. Higher rates, travel restrictions, and special insurance may be required to rent a vehicle, so it makes sense to shop around and compare policies and rates.
Please click here for additional information about the collateral consequences (other consequences) of a DUI conviction. An experienced Tennessee Defense Lawyer should be consulted about all of the possible consequences of a Driving Under the Influence conviction. Steve and Sara are available to answer questions about the consequences of a Tennessee DUI and may be reached by calling 865-249-7200.
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]
Tennessee Laws Get Tougher
At least two Tennessee laws have made it more difficult to defend persons accused of driving under the influence and, in another change, the DUI penalty when accompanied by someone under the age of 18 has increased.
The 2012 Tennessee Legislature amended Tennessee Code Annotated § 55-10-406, also known as the Implied Consent Law. This law applies when an officer requests the suspect to submit to chemical testing (blood, breath, or urine). The amendment clarified that an individual may be compelled to submit to a chemical testing if the testing is mandated by:
- A Court Order;
- A search warrant; or
- When a law enforcement officer has probable cause to believe that a driver of a motor vehicle involved in an accident resulting in the injury or death of another is guilty of vehicular homicide, aggravated vehicular homicide, or DUI.
The Legislature also amended Tennessee Code Annotated § 55-10-402 to clarify that no defense to DUI exists when a person is under the influence of an intoxicant even if they are entitled to lawfully use the substance/intoxicant.
Moreover, the penalty for a person convicted of DUI who was accompanied by a person under the age of 18 was enhanced. It now requires a mandatory minimum period of 30 days in jail and a mandatory minimum fine of $1,000.00. This law, which amended Tennessee Code Annotated § 55-10-403, states that the incarceration enhancement must be served in addition to, and at the conclusion of, any jail time and fine otherwise imposed for the underlying DUI offense. Likewise, the fine enhancement must be in addition to any fine imposed by law as a result of the Tennessee DUI conviction.
Laws such as these emphasize the importance of hiring a Tennessee lawyer who is educated about the newest laws and prepared to aggressively defend you. Too many people are wrongfully accused of driving under the influence and related charges. If you would like further information about these laws, or your case, you may contact the Oberman and Rice Law Firm at (865) 249-7200.
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.
Can A Prior Out-Of-State Conviction Be Used Against You?
Posted by in Court Procedures, DUI Penalties, DUI Second Offense, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Information, Tennessee DUI Laws on September 29th, 2011
If my prior DUI conviction was in another state, can it be used in Tennessee to charge me with a second offense DUI?
Any DUI conviction from another state may be used against you if arrested for a Tennessee DUI offense. If the time criteria is met, a prior, out-of-state DUI may be used to enhance your Tennessee DUI conviction to a DUI second offense or greater, depending upon the facts of your prior conviction(s). Tennessee does honor DUI convictions from all other jurisdictions in the country.
It is important to note that the arresting officer may not know about the out-of-state conviction(s) at the time of the Tennessee DUI arrest. The officer’s initial arrest warrant, and any paperwork a person receives following a DUI arrest, may state that the charge is DUI, first offense. However, the state prosecutor may amend the initial Tennessee DUI charge to multiple offense DUI when more information becomes available.
Tennessee DUI law allows for a person to challenge an out-of-state conviction, and a skilled DUI attorney may prevent it from being used against you in your Tennessee DUI case. Be sure to consult with a Tennessee Defense Attorney to determine if a conviction in another state could be used against you. A successful challenge to an out-of-state conviction could make a significant difference in a defendant’s case and punishment.
[Source: Tenn. Code Ann. § 55-10-403]
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.
Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.
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
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.
Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.
Click here to view a video of this podcast.
You can also watch a video version of this podcast on YouTube.
Podcast: Play in new window | Download
New TN Ignition Interlock Device Laws–Part 3
Posted by Sara Compher-Rice in Ignition Interlock Device, Tennessee DUI Laws on January 29th, 2011
Part 3: Discretionary Tennessee Ignition Interlock Device
In addition to the mandatory ignition interlock device (IID) requirements for certain DUI 1st Offense convictions as well as offenders with prior DUI convictions, Tennessee judges have the discretion to order the installation of an IID as a condition for any Tennessee DUI conviction. Interestingly, if a judge orders the installation of an ignition interlock device at his or her own discretion, as opposed a situation where the IID is specifically required by Tennessee law, the defendant may be required to have the device installed for a longer period of time. For instance, when mandated by Tennessee law for a DUI 1st offense conviction, as discussed in Part 1 of this series, the IID may only be ordered for the length of the Tennessee driver’s license revocation. However, when ordered purely at the discretion of the judge, the ignition interlock device may be ordered to remain on the defendant’s vehicle for any period of time up to 1 year after the expiration of the Tennessee driver’s license revocation period.
Any Tennessee defendant who is eligible for a DUI-related restricted Tennessee driver’s license may also request an ignition interlock device. If a defendant requests an IID, at his or her own expense, the person would be able to drive without geographic restrictions (i.e. to and from work, school, place of worship, etc.) during the driver’s license revocation period. In this circumstance, a judge may not extend the required period of the ignition interlock device beyond the Tennessee driver’s license revocation period. If required by Tennessee law to have an IID installed, a defendant is eligible to have the costs paid from the Interlock Assistance Fund. However, it is important to note that Tennessee law does not allow for monetary assistance for indigent defendants who are not ordered to install an IID, but opt for such installation of their own accord.
If you have any additional questions or concerns about the new Tennessee DUI laws, please feel free to contact Steve or Sara at The Oberman & Rice law firm by calling (865) 249-7200.
Health Care Professionals and Traffic Arrests
Posted by Steve Oberman in Frequently Asked Questions, Tennessee DUI Consequences, Tennessee Traffic Violations on November 17th, 2009
When a doctor or other health care professional is arrested for a traffic violation, she may need two attorneys. One attorney will defend the traffic violation. But health care professionals who are actually arrested may need a second attorney to advise them on whether or not to report the arrest, and to what agency the arrest should be reported. Doctors and certain other health professionals are required to report certain matters to the Tennessee Board of Medical Examiners (the Board).
If you are a physician, before you contact the Board of Medical Examiners, you should first contact a knowledgeable, experienced Tennessee criminal defense attorney who can advise you if it is necessary to retain an attorney who has substantial experience in representing doctors before the Board. Doctors should not contact the Board prior to talking with a qualified attorney, as the Board may later become adversarial.
The Board requires doctors to report any conviction to their physician profile, which is accessible to the public. However, whether or not physicians and other health care professionals are required to report arrests to the Board is less clear. One thing is certain: when health care providers renew their licenses, they must be truthful when answering questions on the renewal form. If you are a physician, you should be aware that when it comes to Tennessee traffic violations and criminal offenses such as Driving Under the Influence of an intoxicant (DUI, DWI, or OWI) or even Reckless Driving, there are certain rules with which you must comply with in order to maintain your professional license. If you are arrested for a traffic violation of any kind, consult with a Tennessee criminal defense attorney familiar with the requirements of the licensing Board.
