DUI

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Tomorrow is St. Patrick’s Day . Please drink responsibly and take a cab if you go out to a party . The Nashville Tennessean ran a story on the number of DUI roadblocks planned for St. Patrick’s day. The Tennessee Highway Patrol plans over 50 DUI checkpoints and drivers license checks over the weekend . Here is a short video on DUI roadblocks.Continue Reading DUI Checkpoints in Tennessee on St. Patrick’s Day

Tennessee has a uniform driving under the influence (DUI) laws. However , the application varies from jurisdiction to jurisdiction. If you are convicted on DUI in Tennessee , Tennessee Code Annotated 55-10-403(p)(1) provides that a person convicted of a DUI shall report within 30 days to commence the sentence . Generally , you have 30…

Here is a video blog on your rights at a DUI checkpoint under Tennessee law. Look for the use of DUI checkpoints or roadblocks around any major holiday. 

Nate Rau of The Tennessean ran  two stories  about a Hermitage , Tennessee women charged with vehicular homicide . The catch is she was not driving the car in the deadly crash. Her boyfriend was at the wheel . Metro Nashville Police charged her under the theory of  that she was criminally responsible for the…

Most DUI arrest warrants in Tennessee have somewhere in the affidavit that the police officer smelled alcohol . The question is whether the smell of alcohol enough to make a DUI case. Tennessee has held that the smell of alcohol alone is insufficient to establish probable cause to arrest for for driving under the influence.

On January 1 , 2012 a new DUI law comes into effect in Tennessee.  Tennessee Code Annotated 55-10-406(f) expands the circumstances in which a Tennessee law enforcement officer can require a blood alcohol test without the consent of the accused. Tennessee law will allow an officer to require a chemical test to determine the accused’s blood…

While I was in General Sessions Court in Cheatham County this week , I learned of the District Attorney’s new procedure on handling the implied consent component of a Tennessee DUI charge. If a citizen exercises their right to refuse to submit to a breath or blood alcohol test after a police officer has reasonable…

 I did not realize an iphone had a voice recorder until this summer. If your questioned by police , should you record your conversation with the police. I did a quick check and there does not appear to be any laws in Tennessee  prohibiting a citizen from tape recording their conversations with police officers .

Florida DUI lawyer Mike Kessler wrote a nice piece recently on why your medical records aren’t so private . Under Tennessee law , your medical records aren’t  private  at all. Most people have the belief that your medical records are private and can’t be disclosed without your permission. Wrong . A federal law commonly known…

Tennessee State Representative Curry Todd made his first appearance in a Nashville court room yesterday. Nothing happened and the case was reset.  Representative Todd was charged with driving under the influence , possession of a handgun under the influence of alcohol , and a violation of the implied consent law.

The reason I am commenting…