Posts Tagged Tennessee DUI News

New DUI Law Alert–Work Release Requirement Update

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.

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New Year’s Eve Traffic Enforcement and Sobriety Checkpoints

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.

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Don’t Drink and Scoot

On July 1, 2019, several new laws and modifications of current Tennessee DUI laws were implemented.  The first we will discuss (with more updates to follow on this blog) refers to all of the scooters that have become common place in most major downtown areas in Tennessee.  In downtown Knoxville, for example, you cannot walk a block without seeing these scooters available for rent.  In case you are not familiar with these scooters, one such company, called Zagster (2024 update: Zagster has since closed. If you are interested, in what happened to Zagster, read this article by Randy Joycelyn), releases these scooters for rent and places many of them around busy areas hoping for people passing by to rent one to travel (or scoot) around the city.  It is hard pressed to not see at least one person zooming along the street or sidewalk on one of these devices. 

The new law, mentioned above, aims to eliminate the problem of impaired people renting these scooters by making such an action punishable under Tennessee’s DUI laws.  As this recent article on WKRN states, these electric scooters will be considered motor-driven vehicles.  This language is important because under Tennessee’s DUI laws, the operator must be in physical control of a motor-driven vehicle to be arrested for a DUI.  As we have discussed previously on this blog (and at our website- www.tndui.com), if convicted of a DUI you face some of the following punishments: mandatory jail time (up to 48 hours on a First Offense); fines; required attendance of a Drug Education Course and a loss of your Tennessee driving privilege. 

Please remember that over this holiday weekend if you decide to enjoy the festivities in an area that allows for these scooters to be rented, please do not drink and scoot.  You may find yourself being placed under arrest for a DUI!  If you’ve been charged with Driving Under the Influence in Tennessee while on one of these scooters, operating a boat or while driving in your vehicle, please contact the Oberman and Rice Law Firm at (865) 249-7200.  We are available 24/7.

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When the State’s Expert Witness Has a Financial Interest in DUI Convictions

On February 6, 2018, the Tennessee Court of Criminal Appeals ruled that Tennessee Code Annotated § 55-10-413(f), which establishes a BADT fee, is unconstitutional as a violation of the Due Process Clause of the Fourteenth Amendment and article I, section 8 of the Tennessee Constitution.

What is a BADT fee?

The Tennessee DUI law in question provides that,

In additional to all other fines, fees, costs, and punishments now prescribed by law, . . . a blood alcohol or drug concentration test (BADT) fee in the amount of two hundred fifty dollars ($250) shall be assessed upon a conviction for driving under the influence of an intoxicant under § 55-10-401, vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218, for each offender who has taken a breath alcohol test on an evidential breath testing unit provided, maintained, and administered by a law enforcement agency for the purpose of determining the breath alcohol content or has submitted to a chemical test to determine the alcohol or drug content of the blood or urine. T.C.A. § 55-10-413(f)(2017).[1]

The statute further indicates that the fee shall be collected by the court clerk and deposited in the TBI toxicology unit intoxication testing fund and may be used by the TBI “to employ personnel, purchase equipment and supplies, pay for the education, training and scientific development of employees, or for any other purpose so as to allow the bureau to operate in a more efficient and expeditious manner. T.C.A. § 55-10-413(f)(2) and (3)(2017).

As noted by the Tennessee Court of Criminal Appeals, this blood alcohol or drug concentration test (BADT) fee provides the Tennessee Bureau of Investigation (TBI) with a direct financial interest in securing DUI-related convictions because this fee is not collected if the defendant’s charges are dismissed, reduced, or if the defendant is acquitted.

Due Process Requires Fairness and Impartiality

“When discussing the importance of due process protections, this court has reiterated that ‘[w]e cannot allow public confidence in the complete fairness and impartiality of our tribunals to be eroded and nothing which casts any doubt on the fairness of the proceedings should be tolerated.’” State v. Decosimo, No. E2017-00696-CCA-R3-CD, at *24 (Tenn. Crim. App. Feb. 6, 2018)(citations omitted).

Although they are employed by the state, TBI forensic scientists are expected to remain neutral and unbiased to protect the integrity of the criminal justice system. The BADT fee, however, provides these forensic scientists with a pecuniary interest because they may benefit from the collected fee (continued employment, salaries, equipment, and training). The court also noted that although a TBI analyst could lost his job if test results are falsified, the analysts would “most certainly lose their jobs if funding for their positions disappears, a result of which these forensic scientist are no doubt well aware.” Such a fee system calls into question the TBI forensic test results and, therefore, violated due process. State v. Decosimo, No. E2017-00696-CCA-R3-CD, at *27 (Tenn. Crim. App. Feb. 6, 2018)(citations omitted).

Impact of the Unconstitutionality of the BADT Fee

Attorneys across the state of Tennessee are taking a closer look at all DUI cases involving a chemical test sample. Depending on the facts of the case, and the jurisdiction, DUI defendants could benefit from the suppression of the blood or breath test results from evidence. If the evidence of impairment is limited to the chemical test result, attorneys may even find success in arguing motions to dismiss the criminal case against the defendant.

The Tennessee Attorney General’s office has filed an application to the Tennessee Supreme Court for permission to appeal the Tennessee Court of Criminal Appeal’s decision. This Rule 11 application highlights the need for an urgent, “expeditious review” given the fact that the Decosimo ruling impacts thousands of past convictions as well as current and future DUI-related prosecutions. Although it is likely that the Tennessee Supreme Court will agree to hear the appeal, it remains to be seen whether they will ultimately uphold the Tennessee Court of Criminal Appeals’ ruling that the BADT fee is unconstitutional, or if the court will reverse the decision and find the fee constitutionally permissible.

If you would like further information about Tennessee DUI laws, or your case, you may contact the Oberman and Rice Law Firm at (865) 249-7200.

[1] At the time of the defendant’s arrest in State v. Decosimo, the relevant statute number was T.C.A. § 55-10-419 (2012). Since that time, this code section was transferred to the current location of § 55-10-413 and minor changes have been made by the Tennessee legislature.

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Tennessee Legislature Addresses “Self Driving” Cars

If you have watched the news lately, you have probably heard of the automobile giant called Tesla. Tesla is famous for its work toward developing automated cars that operate without the need for a human driver. As one could imagine, vehicles driven without a person in total control behind the wheel could be potentially dangerous—there is always a risk of some sort of malfunction with the automated system or the driver being unresponsive to the warning messages from the automated system. One such example of this issue has already arisen in Ohio. In fact, even Tesla itself released a video warning of the potential dangers of the self-driven vehicles. States have started to take notice of these self-driving vehicles and some States have even started passing laws aimed at these types of automobiles.

For example, a new law that took affect in Tennessee on July 6, 2017, sets out requirements for operating an “Automated Driving System” or “ADS”. The “Automated Vehicles Act” as created by the Tennessee Legislature in Public Chapter No. 474 sets forth certain requirements in order for such ADS enabled vehicles to lawfully operate on Tennessee roads. This statute aims to lay out restrictions on ADS vehicles as well as determine liabilities for the ADS operated vehicles.

Interestingly, if the requirements for an ADS set forth by the statute are not followed, it is a Class A Misdemeanor for a person to knowingly operate the vehicle without a human driver in the driver’s seat, punishable up to 11 month and 29 days in jail. As more options become available for ADS vehicles, those who are interested in utilizing the technology must be vigilant to ensure their vehicles comply with the statutory requirements.

Anyone charged with a traffic offense or arrested for DUI, or another related charge, should immediately contact a Tennessee DUI lawyer familiar with Tennessee DUI laws.  For more information about the crime of Driving Under the Influence (DUI) or about traffic offenses, SteveSara, or AZ are available by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee. The DUI Defense attorneys at Oberman & Rice are available to speak with you 24/7.

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“No Refusal” Sobriety Checkpoints on New Year’s Eve

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, SteveSara, 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.

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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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Tennessee Labor Day Traffic Enforcement

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

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

Anyone arrested for DUI, or another related charge, should immediately contact a Tennessee DUI Lawyer familiar with Tennessee DUI laws.  For more information about the crime of driving under the influence (DUI) or about your legal rights with respect to a Tennessee Highway Patrol checkpoint, Steve, Sara, or AZ are available by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

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Cinco de Mayo DUI and Traffic Enforcement

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

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

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

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

If you  find yourself in the situation of being accused of a DUI or other traffic offense, you should immediately contact a Tennessee DUI attorney familiar with Tennessee DUI and traffic laws.  For more information about the crime of DUI or about your legal rights with respect to an allegation of driving under the influence of an intoxicant, the lawyers at Oberman & Rice are available by calling (865) 249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

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Tennessee Highway Patrol 4th of July Checkpoints

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

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

Anyone arrested for DUI, or another related charge, should immediately contact a Tennessee DUI Lawyer familiar with Tennessee DUI laws.  For more information about the crime of driving under the influence (DUI) or about your legal rights with respect to a Tennessee Highway Patrol checkpoint, Steve and Sara are available by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

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Upcoming East Tennessee THP Checkpoints

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

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

Anyone arrested for DUI, or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws.  For more information about the crime of DUI or about your legal rights with respect to a Tennessee Highway Patrol checkpoint, Steve and Sara are available by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

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

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Knoxville Area DUI Checkpoints Begin Thursday Night

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

At these checkpoint locations, every driver who passes through must be stopped and questioned by Troopers.  During the stop, if the Troopers notice signs of drug and/or alcohol impairment  you may be asked to exit your vehicle to perform certain roadside tasks (field sobriety tests).

Information about the dates and locations of the planned DUI checkpoints in the Knoxville area are included below and have been taken directly from the Tennessee Highway Patrol press release.  Information for additional DUI roadblocks across Tennessee can be downloaded here.

 

Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws.  For more information about the crime of DUI or about your legal rights with respect to a Tennessee Highway Patrol checkpoint,  Steve and Sara are available by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

 

DIST. 1 KNOXVILLE—Fourth of July Sobriety Checkpoints

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

THURSDAY, JULY 4

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

FRIDAY, JULY 5:

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

SATURDAY, JULY 6:

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

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Knoxville Sobriety Checkpoint Scheduled for February 1, 2013

The Tennessee Highway Patrol (THP) continues its drunk driving enforcement with the use of sobriety checkpoints in the Knoxville.  THP is scheduled to conduct a DUI Roadblock tonight, February 1, 2013 on Concord Road at Northshore Drive (State Route 332).  Although specific times have not been released, the Tennessee Highway Patrol Media Release indicates that it will be conducted “Late Night.”  The Knox County DUI Checkpoint is one among many in East Tennessee as part of the campaign, “Fans Don’t Let Fans Drive Drunk This Super Bowl Sunday.”

According to Tennessee Highway Patrol Colonel Tracy Trott, this will be the first THP “No Refusal” DUI enforcement on Super Bowl weekend.  One purpose of Tennessee DUI Checkpoints is to deter motorists from driving while impaired by alcohol or drugs.  We encourage you to arrange for a designated driver this weekend.  AAA of East Tennessee is also offering their safe ride program for Super Bowl Sunday.  AAA will tow your car within a 10 mile radius and provide you a safe ride home.  To take advantage of this service, a AAA membership is not needed.

Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws.  For more information about the crime of DUI or about your legal rights with respect to a Tennessee Highway Patrol checkpoint,  Steve and Sara are available by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

 

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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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Wishing You a Safe & Happy New Year

The Knoxville Police Department has announced plans for a “New Year Holiday Enforcement Campaign.”  The increased enforcement will focus on motorists who are speeding, following too closely or driving recklessly, as well as those who show signs of impaired driving (driving under the influence).  More information about the KPD holiday enforcement plans can be found by clicking here.  The increased patrols will begin at 4 p.m. on New Year’s Eve and conclude at midnight on New Year’s Day.

Should you or a loved one be arrested for DUI (driving under the influence) or related charges, the attorneys at Oberman & Rice are available to assist you.  You may contact Steve and Sara by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

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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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Your blood can now be taken by someone not certified to do so.

In his March 7, 2012 post, Steve Oberman posed the question, “Would you want your blood taken by someone not certified to do so?” He was referring to Tennessee Senate Bill 2787/House Bill 2858, which eliminates the requirement that a phlebotomist permitted to draw blood from a Tennessee DUI suspect be certified or nationally registered.  I am sorry to report that this bill passed, becoming Public Chapter No. 0666, and became effective on April 4, 2012.

This new law allows blood to be drawn by a “trained phlebotomist who is operating under a hospital protocol, has completed phlebotomy training through an educational entity providing such training, or has been properly trained by a current or former employer to draw blood.”  The website www.phlebotomycertificationguide.com explains the typical certification process for phlebotomists and provides training course length than ranges from 4 to 24 months.  As discussed in Steve’s previous post, Tennessee law does not specify the amount of training required.  Certainly a very minimal amount of training could qualify one under this new law considering  the fact that the person need only receive training from “a current or former employer.”

The lawyers at Oberman & Rice continue to monitor pending legislation that impacts the criminally accused, paying particular attention to those involving Tennessee DUI cases.  Should you have any questions about a pending Tennessee DUI law or issue, you may contact Steve, Sara, or Nate by calling (865) 249-7200.  You may also wish to review our website for additional information about Tennessee DUI Laws by clicking here.

 

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Would you want your blood taken by someone not certified to do so?

In 2012 Senate Bill 2787, Senator Brian Kelsey, a Republican from Germantown (part of Shelby County), has sponsored a bill allowing a person who is “properly trained,” but not necessarily certified to draw the blood of a person suspected of DUI to determine alcohol and/or drug content. What should concern Tennessee citizens is that this bill removes the requirement found in current law (T.C.A. Section 55-10-410 which deals with drawing blood in driving under the influence/implied consent violation situations) that the person drawing the blood shall be:

A registered nurse, licensed practical nurse, clinical laboratory technologist, clinical laboratory technician, licensed emergency medical technician, licensed paramedic or, notwithstanding any other provision of law to the contrary, licensed emergency medical technician approved to establish intravenous catheters, technologist, or certified and/or nationally registered phlebotomist or at the direction of a medical examiner or other physician holding an unlimited license to practice medicine in Tennessee under procedures established by the department of health.

Remarkably, there are no provisions in this bill detailing the amount of training or even requiring that the person drawing the blood pass a proficiency test.  Nor are there provisions requiring a judge to determine that probable cause (the legal grounds required for arrest) exists before the blood is taken from the body.

While I am certainly far from a health care professional, I have had substantial experience as a non-certified phlebotomist when I worked in a hospital blood laboratory, albeit about 35 years ago.  I am aware of some of the potential complications from an improper blood draw such as thrombophlebitis, infection, damage to blood vessels, hematoma/bruising, and damage to the nerves near the venipuncture site.

Moreover, the proposed law gives no consideration to the fact that the officer may suffer from a contagious disease, is working in poor lighting conditions, or may be distracted by law enforcement duties during the blood draw. If a medical condition occurs during a blood draw—the criminally accused would have no immediate access to a healthcare provider for treatment.  In some situations, such as infection, the symptoms, etc. may manifest long after the actual blood draw.

Not surprisingly, the proposed law provides that the person drawing blood shall not incur any civil or criminal liability as a result of drawing the blood, except for damages that may result from negligence.  This means that a law enforcement officer with minimal training would be allowed to draw blood from a suspect with their arm on the hood of the police vehicle or similar unsterile environment.  This could be done without supervision from any other person, opening the door to abuse and negligence that would be difficult to prove except in a rare circumstance where the invasion of one’s body would be documented by video.

In 2006, Ann Japenga, a reporter for the New York Times, wrote about her debilitating injury that, after much suffering, was determined to have been caused by the needle going through her vein and causing dangerous but invisible bleeding into her arm.  The injury, caused by a phlebotomist in her doctor’s office, required surgery “to prevent permanent loss of the use of [her] arm, as well as a condition called “claw hand” that causes your digits to curl up like a sea anemone.”  The full article can be accessed here: http://www.nytimes.com/2006/05/30/health/30case.html.

Simply allowing the injured party to sue for negligence, as Senator Kelsey proposes, is not an appropriate remedy.  This type of case would have limited allowances for recovery.  With few exceptions, Tennessee law limits recovery against governmental entities to the amount of $300,000.00 pursuant to The Governmental Tort Liability Act.  Furthermore, this type of recovery would likely require the services of a civil lawyer who would (and should) charge a fee for his or her services.  Accordingly, the injured party would likely receive less than two-thirds of a recovery after attorney fees.  Moreover, expert fees, deposition costs and other trial expenses would have to be borne by the injured party.

If you have ever had a medical professional who is certified to draw your blood need to “stick” you on several occasions to obtain a sufficient sample, you can only imagine the type of abuse a suspect would receive from an uncertified law enforcement official.  I urge you to contact your Legislator to vote against this bill.

It is also most interesting that Senator Kelsey is sponsoring another bill making it a crime that carries a penalty of up to 30 days in jail for a law enforcement officer to unlawfully install a tracking device on a person or object (2012 Senate Bill 3046).  If he doesn’t trust a police officer to comply with a citizen’s right to privacy, how in the world would he expect an officer not to abuse a suspect when they stick a sharp object into their arm or other part of their body?

The lawyers at Oberman & Rice frequently monitor pending legislation that impacts the criminally accused, paying particular attention to those involving Tennessee DUI cases.  Should you have any questions about a Tennessee DUI issue, you may contact Steve, Sara, or Nate by calling (865) 249-7200.  You may also wish to review our website for additional information about Tennessee DUI Laws by clicking here.

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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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Can You Get a Tennessee DUI on a Motorized La-Z-Boy?

Recent headlines have read:

“DWI in a La-Z-Boy”

“Man Charged with Drunk Driving on a Bar Stool”

“Man Arrested For Driving Lawnmower While Drunk”

These may seem like humorous headlines out of Minnesota, Ohio, and Florida, but these cases are no laughing matter.  The chair, bar stool and lawnmower in the above-referenced stories all fall within the legal definition of a motor driven vehicle under Tennessee law. Tennessee DUI laws, in relevant part, prohibit a person from driving or being in physical control of any automobile or other motor driven vehicle while under the influence. See Tennessee Code Annotated § 55-10-401.

Although the Tennessee legislature has not clearly defined “automobile” or “motor driven vehicle,” Tennessee courts have held that the term “automobile” refers to any “self propelled” vehicle.  See State v. Freels, 190 S.W. 454 (Tenn. 1916). Accordingly, any motorized form of transportation, including a car, a lawnmower, a scooter, or even a motorized cooler would fall within the Tennessee DUI statute.

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Boating Under the Influence (BUI) in Tennessee

“TWRA wants boaters to recognize the effects and consequences of alcohol use while boating. In a boat on the water, consuming one beer is equivalent to drinking three beers on land because of external stressors such as engine vibration, wave motion and glare from the sun. Operating a boat with a Blood Alcohol Content of .08 or higher is illegal in Tennessee, the same as operating a motor vehicle.”

Based upon this statement found on the Tennessee Wildlife Resources Agency website, officers on Tennessee waterways may be more likely to arrest someone for boating under the influence (BUI) than someone who consumed the same amount of alcohol for the offense of driving a motor vehicle under the influence (DUI).

It is important for Tennessee residents and visitors alike to realize that to be subject to arrest for the offense of boating under the influence (BUI), one need only:

1. Be operating any vessel subject to registration (unlike the Tennessee DUI laws which require the vehicle to be motorized);

2. While on public waters of the state;

3. While

a. Under the influence of any intoxicant OR

b. With a blood alcohol content of .08 percent or greater.

Tennessee law also provides certain legal exceptions in boating under the influence (BUI) cases.  If you are arrested for BUI in Tennessee, you should promptly consult with an attorney about the facts of your case to preserve defenses and avoid the onerous penalties involved with a BUI conviction.

Because of the similarities in why persons are arrested for boating under the influence and for driving under the influence, persons charged with BUI in Tennessee should seek an attorney experienced in the intricacies of DUI defense. It is also just as important in BUI cases as it is in DUI cases that the defense investigation begins as soon as possible after the arrest in order to obtain the best possible chance of a successful outcome.

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4th of July Tennessee Sobriety Checkpoints (DUI Roadblocks)

The Tennessee Highway Patrol has announced plans to conduct sobriety (DUI) checkpoints over the holiday weekend from Thursday night to Sunday night.  The Tennessee Supreme Court has held that sobriety checkpoints, often known as DUI roadblocks, are permissible under the Tennessee Constitution.  In State v. Downey, the Court held that the prevention of drunk driving in Tennessee was enough of a compelling state interest to justify the intrusive nature of DUI checkpoints.

Although Tennessee’s high court has ruled that sobriety checkpoints are permitted, law enforcement agencies are still required to follow very particular policies and procedures when establishing and conducting DUI roadblocks.  Should you have the misfortune of being stopped at a Tennessee DUI checkpoint and arrested or cited for DUI or any crime or traffic violation, you should immediately consult with a Tennessee attorney who is knowledgeable about the area of DUI defense law to determine if, in fact, the proper procedures were followed.

Please click here for a list of DUI roadblock locations across Tennessee.

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