Many people think that different drinks affect people’s emotions differently. They’re certain that beer makes them feel differently than wine, and that wine shouldn’t affect them the same way bourbon does. The starting point for this question is that generally there is no difference in the amount of ethanol in standard drinks, which means a [...]
The same law that makes driving under the influence of alcohol illegal also makes driving under the influence of narcotics illegal. The key differences between an alcohol DUI and a narcotics DUI are the proof required to show the driver was under the influence, the legal and factual defenses and ,to some degree, the penalties. [...]
It’s standard procedure for anyone the police suspect are driving their vehicle under the influence of alcohol (DUI) to require the driver take a breath test. Breath test devices aim to measure the blood alcohol content (BAC) at the time the test is given. Breath tests usually follow a failed field sobriety test. Breath test [...]
The state of Tennessee repealed the Habitual Motor Vehicle Offenders Act (HMVO) effective July 1, 2019. The HMVO, prior to its repeal, provided that the licenses of drivers who were labeled “habitual offenders” would be revoked for at least three years. Drivers could not obtain a restricted license during this time. Further, any driver who [...]
Anyone convicted of driving under the influence of alcohol or narcotics in Tennessee will suffer numerous penalties. They will have a conviction on their criminal records for the rest of their lives. Anyone convicted of a DUI: Could be sentenced to jail for some specific amount of time Will lose their driving privileges – normally [...]
If you’ve been convicted of a DUI or an implied consent violation, your driving privileges will likely be suspended. Subsequent convictions or violations will normally result in longer suspensions. Under certain conditions, someone convicted of a DUI or an implied consent violation may be able to obtain a restricted license. Otherwise, they will need to [...]
Criminal convictions can affect many aspects of your life. If you apply for a job, your employer may conduct a background check. If the employer sees that you have a conviction, he or she may not hire you. Convictions can make it difficult to buy a home, rent an apartment, obtain credit, or keep access [...]
Driving under the influence of drugs in Tennessee is a serious crime. You can be charged with a DUI – Driving under the Influence – if an officer believes that you are impaired while behind the wheel. You may face these charges even if you are taking a legally prescribed medication. Our attorneys will begin [...]
The fines and penalties you will face if convicted of driving under the influence may be your first concerns, but they shouldn’t be the only ones. There are other effects of DUI you need to think about before getting behind the wheel after having had too much to drink. DUI doesn’t just affect your wallet, [...]
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 [...]
