The quick answer to this questions is definitely yes. A first-time DUI conviction has serious criminal and civil consequences. A skilled lawyer works to have the charges dismissed, to have blood tests and other key evidence suppressed, and to obtain acquittals before judges and juries. In some cases, the lawyer may be able to plea [...]

The short is answer is yes, a passenger can be charged with a DUI. There are several reasons a police officer may charge a passenger with a DUI: Uncertainty. The police may charge a passenger if they are not sure who was driving – so they charge everyone that was in the car. This uncertainty [...]

Wish TV reported on May 30, 2019, that a woman suspected of driving under the influence gave a text-book response to the Carter County deputy who requested she submit to field sobriety tests. Unfortunately, the text-book reply covered pretty much everything you shouldn’t do if requested to take a field sobriety test. The woman driver [...]

Drinking and driving is dangerous at any age. For teenagers, it is especially dangerous. This is in part because teenagers think they can handle anything. Teens often don’t think through that just one drink can impair their ability to control their cars. Having a BAC of .08 is equivalent to driving after being awake for [...]

Failing a breathalyzer test has severe consequences. For starters, you will likely be charged with driving under the influence of alcohol. A conviction for a DUI can mean imprisonment and substantial fines and court costs. Your license may be suspended. You will have a conviction on your record which can make it hard to get [...]

Police need a reasonable suspicion that someone is driving while intoxicated before they can stop and question them. Examples of reasonable suspicion include a driver who isn’t following traffic laws, is weaving in and out of traffic, or who has an open bottle of beer in their car. Tennessee, like most states, allows for an [...]

In Tennessee, if you arrested for driving under the influence of alcohol, the Tennessee Department of Safety (DOS) will normally seek to suspend your license. There are two basic reasons the DOS will seek to suspend your license through an administrative process. The first is due to being charged with a DUI. The second is [...]

Driving under the influence doesn’t just apply to vehicles. Anyone who operates a vessel can be charged with an equivalent charge called Boating under the influence (BUI). A vessel includes most types of water vehicles such as motorboats, commercial boats, or any boat that is subject to registration and is used to transport people. Boat [...]

Driving under the influence (DUI) charges can be dismissed before the actual trial begins. Sometimes, the prosecution may dismiss the case on their own because of known defects in their case. Usually, DUI cases are dismissed because of persuasive criminal defense lawyer arguments and motions. Defendants should regularly plead not guilty to DUI charges because [...]

Any driver who is stopped on suspicion of driving while intoxicated will likely be asked by the police officer to submit to field sobriety tests. If the driver fails the field tests, the officer will then usually ask the driver to submit to chemical breath or blood tests. There are three standardized tests that officers [...]

The implied consent law for Tennessee was amended in 2017 in response to a U.S. Supreme Court decision, Birchfield v. North Dakota. That case found that breathalyzer tests could be given incident to an arrest – without a warrant. The Supreme Court also agreed that the refusal to take a breath test could result in [...]

A bill has advanced in the Tennessee House that would prevent DUI offenders from being able to purchase alcohol. HB1698, which passed through the House on March 21, 2018, is sponsored by Rep. Bud Hulsey (R-Kingsport) and Sen. Frank Nicely (R-Strawberry Plains), and would allow judges the ability to temporarily prohibit drivers convicted of a [...]

In early February, the Tennessee court of appeals made a decision that could affect many people charged with driving under the influence (DUI). The ruling, State of Tennessee v. Rosemary L. Decosimo, stated that Tennessee's law requiring that every person convicted of a DUI via blood or breath tests pay a $250 fee to the [...]

Mothers Against Drunk Driving (MADD) initiated its court monitoring program in 2006. Volunteers attend the judicial proceedings for drunk driving cases to make sure that the law is being enforced and prosecuted. Volunteers attend the judicial proceedings for drink driving cases and they document every step of the judicial process. Court monitoring is currently going [...]

Tennessee drivers sometimes think that refusing a breath test, blood test or urine test is a good option. In most cases, it is not. Tennessee has an implied consent law which holds that if a police officer has probable cause to believe you were driving while intoxicated, then you consent to a chemical analysis of [...]

As the days get shorter and the weather gets colder, we tend to start gathering for the holidays. For many, that means get-togethers, dinners, and parties with food and alcohol. It sometimes feels like a nonstop party from November to January and, unsurprisingly, DUI arrests are highest between Thanksgiving and New Year's weekend. Thanksgiving Eve [...]

Determining if a person is under the influence of alcohol is a familiar task for most law enforcement officers. Cops can have many options at their disposal to even determine the level of intoxication of the driver, from Breathalyzer tests to field sobriety tests. However, when a driver is under the influence of another substance, [...]

DUI checkpoints, or sobriety checkpoints, are on the rise in Tennessee. Police officers will section off part of an intersection or roadway in order to slowly filter cars through in a line. Legally, officers can check any car in the line for sobriety or a suspicion of drunk driving. When you are pulled over at [...]

You don’t have to be driving under the influence to be arrested for your first, second, or third DUI in Tennessee. If you’ve let someone drive your vehicle who is knowingly intoxicated, state law provides for charging car owners with a DUI by consent (also called DUI by proxy). Most of the time, DUI by [...]

When you've been drinking, you know it’s unsafe and not smart to get behind the wheel. Most people who imbibe know they should never drive after alcohol-related festivities. To be sure, many law abiding Tennesseans have done their best during a night of drinking: they have enlisted a designated driver, or decided to stay in [...]