DUI

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When I first read that the Tennessee State Legislature was going to require all of those convicted of first offense DUI in Tennessee to have an ignition interlock device, I thought the lobbyists for the ignition interlock companies were simply hard at work. Once the bill went into effect, I was pleased to read that those eligible for a restricted driver’s license had been expanded. I thought everyone practicing DUI defense was aware of the new law. However, it was not until I went to court and talked to several lawyers who did not know those with multiple offense DUI convictions are eligible for a restricted license.

Tennessee Code Annotated 55-10-409 was amended and went into effect on July 1,2013. The new law made all DUI offenders eligible for a restricted driver’s license with the installation of a ignition interlock device. It also allows those convicted of DUI second offense or greater to apply for a restricted license. Here is the catch~~You must have the device installed for the life of the license revocation. For example, if your license is revoked for a third offense conviction and as a result your license is spended for six years, you could be eligible for a restricted license as long as you have the device installed. 

There are some exceptions to this amended law. A conviction for vehicular assault by intoxication, vehicular homicide by intoxication, aggravated vehicular homicide or similar offense in another state precludes one from obtaining a restricted driver’s license. One other big exception is if another person is "seriously injured or killed" in the "course of conduct that resulted in" the driver’s conviction for DUI.Continue Reading Tennessee DUI Law Alert

The Tennessee Supreme Court has grant permission to appeal in two Driving Under the Influence (DUI) cases. The court has granted the appeals to test what are the limits a trial court has to dismiss DUI cases. The two cases to be on the watch for are St. of Tennessee v. Bell and State of…

Seth Godin wrote a great blog post about river guides. The post hit home since I went down the Colorado River on a raft trip last year. Mr. Godin talks about a river guide piloting a dory down Lava Falls. Lava Falls is one of the best rapids in the Grand Canyon. It takes great…

Someone asked me today to get some documents so we could review a case.The problem is under Tennessee law, you are not entitled to anything to discover what evidence the State of Tennessee has in it’s possession.

Here is a short list of what you don’t get;

  1. No video evidence.
  2. No arrest reports.
  3. No witness statements.

…

The United States Supreme Court ruled  that forced blood draws are not valid based upon the fact that alcohol may dissipate over time. Missouri argued for a per se rule that all forced blood results are valid based upon the exigency of the circumstances.

Missouri unsuccessfully argued that alcohol dissipates over time, therefore this meets…

Every DUI case in Nashville , Tennessee and every where else in Middle Tennessee is being delayed by the blood alcohol tests. Once a person submits to a blood alcohol test , the sample is send to one of three forensic labs run by the Tennessee Bureau of Investigation. According to a memo send to the…

New Mexico has some of the highest highway accident  death rates in the nation. In order to combat those death rates , the New Mexico State Legislature has proposed some laws that would ban the sale of alcohol to those convicted of driving under the Influence of alcohol.  State Legislatures constantly rework the DUI laws…

An audit by the Inspector General for the U.S Department of Transportation has uncovered that the State of Mississippi has misused federal funds designed for DUI enforcement. The federal government provides funding to state governments to help enforce DUI laws. Mississippi, like Tennessee, does not have a law on the books that prohibits all open …

One question that comes up in handling drunk driving cases is "should I go to treatment." It is always a hard question . Going to a alcohol treatment is a personal decision not a legal decision. It should be based on a desire to help you not just get out of a DUI charge. Tennessee…

   

One of the most important things to remember when one is facing a criminal charge in Tennessee is to keep your mouth shut. I often refer to this as my "million dollar advice." I represent  good folks who might have made a error in judgment. So , they were raised to cooperate with the police. even some folks blog about that who have no legal degree. They are wrong. You have no legal duty to cooperate with the police in a criminal investigation.

If you are stopped by the police , you do have to show your ID. Once that is complete , you have no legal obligation to say anything. Remember the old Dragnet show . Anything you say can and will be used against you. Here are some illustrations;

Officer: Have you had anything to drink tonight ?

Accused: I had two beers.

Next thing you are being asked to get out of your car do do some field sobriety tests. The police still don’t tell you you don’t have to do these tests.Once you admit to drinking, they can ask you to get out of the car.

Officer: Someone tells us that you may have child porn on your computer. What to talk to us about it ? Or  Someone is accusing you of touching someone. Want to tell us your side ? We can help you ?

Accused; Sure I want to talk to you without a lawyer present so I can be tricked into confessing.

Continue Reading A Reminder to Keep Your Mouth Shut