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Tag Archives: DWI

To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law – Part 2

This is the second in a series of blog posts about recent changes to Tennessee’s Implied Consent Law.  If you missed Part 1, you may read it here: “To Blow or Not to Blow: Tennessee’s 2017 Implied Consent Law –  Part 1.” As discussed in Part 1, effective July 1, 2017, Tennessee made sweeping changes to its Implied Consent Law in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 ... Read More »

To Blow or Not To Blow: Tennessee’s 2017 Implied Consent Law – Part 1

Effective July 1, 2017, Tennessee is making sweeping changes to its Implied Consent Law[1] in an apparent attempt to comply with the recent U.S. Supreme Court decision, Birchfield v. North Dakota, 136 S.Ct. 2160 (2016).  The Implied Consent Law and the Birchfield decision both address legal issues surrounding chemical tests to determine the alcohol and/or drug content in a person’s system. Specifically, they deal with the question of when and under what circumstances a blood or breath test may be ... Read More »

The Administrative Driver’s License Revocation Office (ADLRO) has taken my driver’s license away, is there a way I can drive while the hearings are taking place?

The ADLRO process is administrative in nature.  The hearing officers are not judges and the rules of evidence do not apply.  The system assumes the officer acted properly and the ADLRO will ratify that with a cursory review.  Thereafter you might fight to regain your license.   It is, already revoked when the officer took it.  While the administrative process is going on, you may be entitled to a temporary permit if, the officers, after your attorney serves subpoenas on them, ... Read More »

Forced Catheterization: Medically Acceptable and Reasonable?

Imagine you are pulled over and suspected of driving under the influence of an intoxicant (DUI or DWI). The Officer decides he has probable cause to arrest you for DUI, and pursuant to your state’s implied consent law, he requests that you provide a sample of urine to determine the alcohol and/or drug contents in your system. Again, he specifically requests a urine test, not a breath test or a blood test to determine the amount of alcohol, prescribed medication, ... Read More »

What if I’m on Medication and I Get Pulled over for DUI?

Being charged with DUI can fall into different subsections.  One is impairment by a drug or alcohol, another is having a breath or blood alcohol concentration over the legal limit.  The drug impairment does not specify that the drug is illicit.  It can be any drug.  Of course the government has to prove it was a drug.  If you take an illegal drug obviously the government will point to that.  However, if the government learns that you are taking a ... Read More »

Will .05% Become the New National Legal Limit?

On March 8, 2017, Utah lawmakers passed legislation to lower the legal limit for a driver’s blood alcohol level to 0.05%.[1] On March 23, 2017, Utah’s governor Gary Herbert signed the bill into law, making Utah’s DUI threshold the lowest in the nation.  The lowered blood alcohol limit will take effect in the state on December 30, 2018—just before New Year’s Eve.[2] This is a distinct and separate law from Driving While Impaired or Driving Under the Influence. Accordingly, even if the ... Read More »

How Accurate are Field Sobriety Tests?

There are typically three so-called field sobriety tests that Hawaii police officers use when trying to determine if a person is impaired by alcohol.  They were thought up by social scientists pursuant to government grants decades ago.  The science behind them has been examined for years.  There are significant problems.  Besides the fact that many people, completely sober, would fail the tests, the federal government set the bar for employing the tests very low.  The question that was asked was ... Read More »

Tennessee Adopts a (Limited) Good-Faith Exception to the Warrant Requirement

On November 3, 2016, Tennessee joined the ranks of over a dozen states that have adopted a limited good faith exception to the search warrant requirement in a Tennessee DUI case that involves a warrantless blood draw.[1] A blood draw for the purpose of determining a person’s blood alcohol content is a search under the Fourth Amendment, and a warrant is required unless an exception to the search warrant requirement applies.[2] For example, some exceptions include consent to the blood ... Read More »

Introduction to Post-Conviction Travel to Canada

Every year, millions of travellers enter Canada to visit relatives, check out the sights, and engage in international business. No matter your reason for visiting, every traveller must be processed by immigration authorities upon arrival. Border Services Officers are responsible for conducting examinations and deciding on admissibility into the country. Examinations can be as simple asking a couple of questions or as rigorous as an in-depth investigation. There are many reasons why a person may be inadmissible to Canada. Canadian ... Read More »

Tennessee Repeals New Underage DWI Law

July 1, 2016 was a highly anticipated day for many in Tennessee: for the very first time, wine was available for purchase in grocery stores. Gliding in under the radar, perhaps because of all the hype surrounding the grocery store wine revolution, were many other changes to Tennessee’s alcohol-related criminal laws. One such legislative update changed the way that Tennessee handled a small and categorically difficult class of individuals: underage DUI defendants. These are people ages 18 to 20, who ... Read More »