Posts Tagged Tennessee DUI Consequences

Consequences of a TN DUI Conviction – Part 3

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.

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Tennessee Highway Patrol Checkpoints planned for the upcoming Memorial Day 2018 Weekend

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.

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THP checkpoints planned for the upcoming Labor Day 2017 Weekend

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.

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How Do I Reinstate My Tennessee Driving Privileges?

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.

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Increased Jail Time for Some DUI Offenders in Tennessee

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

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

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

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

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

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

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

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

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

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

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

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Update: Tennessee Driver License Reinstatement and Driving History

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.

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Where may I obtain a Tennessee Restricted Driver’s License?

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

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

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

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Tennessee Motor Vehicle Driving Record (MVR) Now Available Online

Tennessee motorists can now obtain a Tennessee Driving History online.  As discussed in a previous post, Tennessee Driver License Reinstatement and Driving History, Tennesseeans were previously limited to obtaining this information by either submitting a request by mail or submitting a request in person at a Tennessee Driver Service Center.

A Tennessee licensee can obtain this Motor Vehicle Report (MVR), also often referred to as a Tennessee Driving History, by visiting https://apps.tn.gov/pmvr/.  The report costs $7, which may be paid by credit card or check card; however, a prepaid card is not an acceptable payment option.  The motorist will further need to provide the Driver name, date of birth, and Tennessee driver license number.

The Oberman & Rice law firm often deal with issues surrounding Tennessee driver licenses, relating to Tennessee DUI offenses, as well as other traffic issues.  Should you have any legal issues surrounding your Tennessee driver license, our attorneys,  Steve and Sara are be available to speak with you and can be reached by calling 865-249-7200.

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Tennessee Driver License Reinstatement and Driving History

We are often asked how to obtain information from the Tennessee Department of Safety (TDOS) for driver license reinstatement (e.g. following a revocation for a Tennessee DUI conviction).  While one could certainly call the TDOS at 1-866-903-7357, the easier course of action is to check the status of a Tennessee driver license by visiting the TDOS website.  This is a wonderful resource for Tennessee residents whose driver license is revoked or suspended, however the following information is required to process a request: ; Last Name; 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.

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Will I be able to rent a car after a DUI conviction?

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.

 

 

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Knoxville Area Sobriety Checkpoints Begin Tonight

A media release from the Tennessee Highway Patrol dated December 27, 2012 details the agency’s statewide plan for New Year’s Eve DUI enforcement.  In addition to the “no refusal” enforcement discussed in my last post, THP also plans to implement several checkpoints between now and New Year’s Day.  These include not only sobriety checkpoints (DUI roadblocks), but also “no refusal” sobriety checkpoints and driver’s license checkpoints.

Tennessee Highway Patrol regulations generally require that every driver passing through a checkpoint location be stopped and questioned.  Troopers will be investigating for signs of drug and alcohol impairment.  If they suspect that you are under the influence, you may be asked to exit your vehicle and perform certain roadside tasks, often referred to as 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 from directly from the Tennessee Highway Patrol press release.  Information for additional DUI roadblocks across Tennessee can be downloaded by clicking here.

Should you be arrested for DUI or arrested or cited for another criminal offense or traffic violation, it is important that you consult with a Tennessee attorney as soon as possible.  Our attorneys,  Steve and Sara, will be available to speak with you and can be reached by calling 865-249-7200.

DIST. 1 KNOXVILLE — No Refusal New Year’s Eve Checkpoints

Friday, December 28:

Checkpoint               County                   Road/Highway                             Time of Day

SOBRIETY                    BLOUNT                 O. KNOX HWY @ I-140 RAMP       LATE NIGHT

 Monday, December 31:

Checkpoint             County            Road/Highway                               Time of Day

SOBRIETY *               SEVIER            GOOSE GAP @ SUGAR LOAF RD        LATE NIGHT

DL CHECKPOINT    CAMPBELL      STATE ROUTE 116 @                           LATE MORNING

LITTLE COVE RD

SOBRIETY                  ANDERSON     SR 62 @ KNOX/ANDERSON              LATE NIGHT

CO LINE

SOBRIETY                  LOUDON         US 70 @ CREEKWOOD BLVD             AFTERNOON

Tuesday, January 1:

Checkpoint     County              Road/Highway                                               Time of Day

SOBRIETY*        KNOX                 STATE ROUTE 162 @ STATE ROUTE 62              LATE NIGHT

SOBRIETY*        SEVIER              WINFIELD DUNN PKWY @ DOUGLAS DAM             LATE NIGHT

SOBRIETY*        SEVIER              STATE ROUTE 66 @ STATE ROUTE 139                LATE NIGHT

SOBRIETY*        SEVIER              US 411 @ CHEROKEE CR                                      LATE NIGHT

SOBRIETY*        BLOUNT            I-140 @ STATE ROUTE 33                                   LATE NIGHT

*No Refusal DUI Checkpoint

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Knox County, TN Sobriety Checkpoints

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.

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Could I be charged after the fact if my friend got a DUI in my car in which I was a passenger?

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]

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DUI Vehicle Forfeiture: What you should know if you receive a “Notice of Seizure”

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)]

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DUI: Misdemeanor or Felony?

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]

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Consequences of a TN DUI Conviction – Part 2

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.

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Spring 2012 Sobriety and Safety Checkpoints In Knox County

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

It is important for Tennessee motorist to understand that even if a checkpoint is designed to verify driver’s licenses, the Troopers conducting the stops are trained to detect and investigate those drivers they suspect of Driving Under the Influence (DUI). For instance, the THP participates in the Governor’s Highway Safety Office campaign–Booze It & Lose It!

The announced locations for checkpoints, as reported in the Knoxville News Sentinel, are:

Friday, March 9 – Schaad Road – West of Pleasant Ridge Road

Friday, March 23 – Oak Ridge Highway (Route 62) – East of Pellissippi Parkway (Route 162)

Friday, April 6 – Maynardville Highway (Route 33) – At Loyston Road

Friday, April 13 –  Schaad Road – West of Pleasant Ridge Road

Friday, April 20 – Schaad Road – West of Pleasant Ridge Road

Anyone detained and then arrested at a Sobriety Checkpoint or Driver’s License Roadside Safety Checkpoint should immediately contact a Tennessee attorney familiar with DUI Roadblocks or Driver’s License Checkpoints.  For more information about the crime of DUI or about your legal rights relating to a Tennessee Highway Patrol roadblock, Sara, Steve, or Nate are available by calling (865) 249-7200.

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How long can a person go to jail for a Tennessee DUI?

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.  

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

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

When a person misses a court date, the court may issue a warrant for that person’s arrest or may charge that person with “Failure to Appear” in court, a separate, Class A Misdemeanor.  The effect of a missed court date will vary in each case depending on the presiding judge, the facts of the case, the amount of advance notice provided to the court, and the practices of the local county.

If a good reason exists as to why a person will miss a court date, a judge may show leniency.  In this type of situation, an experienced Tennessee Criminal Defense lawyer will work to avoid an arrest or incarceration for his or her client.  If you missed your court date and do not have a Tennessee Criminal Defense lawyer working for you, contact one immediately.

If you have questions about your Tennessee DUI or other criminal charge, our lawyers are available to assist you.  Sara, Steve, or Nate will be happy to speak with you at (865) 249-7200.  You may also review our websites at www.tndui.com, www.duiknoxville.com and www.tncriminaldefense.com.

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West Knoxville Driver Service Center Changing

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

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

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

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

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

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

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

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Consequences of a TN DUI Conviction – Part 1

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.

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When Will Your Prior DUI Conviction Be Used Against You?

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.comSteve and Sara may also be reached by calling (865) 249-7200.

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Using Bail To Get Out of Jail

In this week’s podcast, Using Bail To Get Out of Jail, Steve Oberman explains the process for getting out of jail in Driving Under the Influence (DUI) cases.

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If you have any questions about obtaining bail (also referred to as bond) in Tennessee or 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.

You can also watch a video version of this podcast on YouTube.

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New TN Ignition Interlock Device Laws–Part 3

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.

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Does a “designated driver” owe a legal duty to aid or protect intoxicated passengers?

This question came before the Tennessee Supreme Court in 2008.  In this case, Downs ex rel. Downs v. Bush, 263 S.W.3d 812 (Tenn. 2008), the mother of a Ryan Downs, a passenger in the bed of his friend’s pick up truck, filed a wrongful death complaint against several of her son’s friends when Ryan, after becoming intoxicated, exited the bed of the truck, ran onto the highway, and was struck by two vehicles, causing Ryan’s death.

The Tennessee Supreme Court considered whether Mr. Downs’ friends had a special duty to aid or protect Mr. Downs because of their close relationship as best friends and roommates.  The Court held that the law did not impose any special relationship upon the friends of the deceased by virtue of this relationship.

Furthermore, the Court ruled, in the first case of this kind to be brought before the Court, that the “designated driver” did not owe Mr. Downs any special legal duty more than the customary duty to exercise reasonable care when driving the vehicle.  The Court ruled against Mrs. Downs’ argument that a designated driver was required to take affirmative action to keep intoxicated passengers inside the passenger compartment of the vehicle and to ensure that the intoxicated passenger is not abandoned in a position of peril along the journey.  Instead, the Tennessee Supreme Court ruled that the public was better served by encouraging individuals to serve as designated drivers rather than adopting a policy that could potentially discourage the practice.

To rule otherwise, the Tennessee Supreme Court would have impliedly discouraged designated drivers and left persons who were intoxicated or otherwise under the influence of drugs and/or alcohol to drive under the influence, thus committing the criminal offense of Driving Under the Influence (DUI) in violation Of Tennessee Code Annotated section 55-10-401.  While the facts of this case cause one to be very sympathetic toward the family of the deceased, it is Mr. Oberman’s opinion that the Tennessee Supreme Court made the correct decision.

 

 

 

 

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Want to work for Donald Trump? Not if you’ve been convicted of DUI.

This season of NBC’s The Celebrity Apprentice highlights one of the most overlooked consequences of a Tennessee DUI arrest and conviction–the loss of future job opportunities.  Once Donald learned of a contestant’s DUI arrest and conviction, she was promptly fired.  While Khloe Kardashian was not arrested in Tennessee, the consequences of not being hired because of a DUI conviction are universal. For more information about this and other consequences associated with a Tennessee DUI/DWI conviction, please visit http://www.tndui.com/dwi-dui-information/other-consequences.html.

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