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 [...]
In June of last year, the Supreme Court of the United States ruled that mandatory warrantless blood draws at DUI stops are unconstitutional and too intrusive. Although police can still mandate onsite breathalyzers without a warrant, warrantless searches are generally only intended for extraordinary circumstances. Blood draws at DUI stops do not fall under this [...]
Great music, great people, and good times—that's what Bonnaroo is known for nationwide. People flock to Coffee County and Middle Tennessee each year to enjoy themselves and experience one of the country’s premier music festivals. In recent years, however, Bonnaroo’s patrons have been under increasing scrutiny from law enforcement officials looking to make quick arrests [...]
No one likes to see flashing lights in their rearview mirror when driving on the highway. And if you’ve been speeding, or have disobeyed some traffic law, you can feel even worse. But what happens when an officer asks if you’ve been drinking? It can be alarming to hear the words, “Step out of the [...]
Driving Under the Influence (DUI) in Tennessee can mean complicated legal battles, negotiation with authorities, and even some mandatory punishments. If you’ve had previous DUIs, you know there are associated fines, other penalties, and mandatory jail time (the length of which can depend on your blood alcohol content at the time of arrest). DUI offenses [...]
Despite Tennessee's strict penalties for DUI for drivers who are caught drinking and driving, drinking is perfectly legal for passengers. There are ten states in the United States that allow the consumption of alcohol inside of a vehicle, and Tennessee is one of them. These states allow passengers to drink from open containers of alcohol [...]
