DUI Prevention Tip of the Day

My DUI prevention tip of the day was inspired by a new case I am handling. The tip of the day is to avoid using your cell phone while driving after having a beer.  The National Highway and Traffic Safety Administration has produced numerous studies on cell phone usage and it's impact on driving.  Combine a little alcohol and talking on the cell phone and it equals some back driving.  Bad driving results in a traffic stop which might lead you to a jail cell. Here is a short list of Rob McKinney's tips on cell phone usage after a drink;

  • Turn your cell phone off while driving.
  • Don't answer if it is on.
  • Lock it in your trunk so you won't be tempted.  (This is my favorite).
  • Never text while driving.  It's against Tennessee law anyway and could lead to a traffic stop on this use alone.

As always, please drink responsibly.

 

New Tennessee DUI Laws Up for Debate

While I was in court today in Sumner County ,Tn., I bought a copy of  the Gallatin News Examiner , In the community forum section, State Rep. Mike McDonald of Portland ,Tn. wrote  an update on the new DUI laws up for discussion.House Bill 3280 revises the list of substances that can be cited as causes for driving under the influence or driving while intoxicated.Under the proposed new law ,it would be illegal to drive a car while under the influence of any intoxicant,marijuana ,drug substance or combination of these substances affecting the central nervous system.

The proposed  laws intend to cover the concept of a poly-drug. Alcohol  consumed while taking prescription drugs creates different effects on the human body.The bill wants to cover the area of "drugged driving." Drivers who knowingly take prescription drugs are just as dangerous as those drinking and driving. Warning labels on your prescription bottles are there for a reason.The message is don't combine drugs and alcohol.The new DUI law intends to cover that situation.

HB passed the House and is scheduled to be heard by the Senate Judiciary Committee next week.

 

Tennessee's DUI Ignition Interlock Law Moves Forward

 Tennessee's version of the DUI Ignition Interlock Law has moved forward. Currently there are two  of the  being proposed. House Bill 2768 by Representative Shipley is less restrictive than House Bill 2917 which is being pushed by MADD.House Bill 2917 would require an ignition interlock device of everyone that is convicted of drunk driving in Tennessee with no exceptions.

Representative Shipley's bill sets some guidelines before an ignition interlock is required.

1.The defendant must have a blood or breath alcohol content of .15 % or higher.

2.Is accompanied by a person under 18

3.Violates the implied consent law.

Laura Dial,executive director of MADD Tennessee weighed in on this issue in an editorial in The Tennessean.One thing that everyone can agree with Ms. Dial is drunk driving is not a good thing even me.Currently , there are 12 states that have enacted an ignition interlock bill.Ms. Dial provides a lot of statistics supporting her position.She states the laws aren't punishing people but only those that are convicted of drunk driving.Ms Dial also blasts the American Beverage Institute for opposing these DUI laws that have increased in severity over the years.Are we going to outlaw a glass of wine with dinner or a beer at the Titan's game.

The problem with the DUI ignition Interlock bill is twofold.

1.It punishes someone from asserting their constitutional right not to give evidence against oneself.

2.DUI breath and blood testing evidence is faulty and doesn't even comply with the basic scientific method that my son is learning in 7th grade science. The Tennessee Bureau of Investigation does not require duplicate breath or blood alcohol testing.Most states require duplicate testing on breath and blood samples.Most of the forensic scientists at the TBI are members of the Society of Forensic Toxicologist which recommend duplicate testing.The Tennessee Bureau of Investigation   couldn't pass my son's science class with their testing.That's my issue.