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Tag Archives: Steve Oberman

What Actually Happens In Your Body When You Get “Drunk”?

Drunk driving can lead to being arrested for Driving Under the Influence (DUI). Being arrested can add to the serious “hangover” you may have after consuming that much alcohol. But most people are not aware of what actually happens to your body once all that alcohol is consumed. Ash M. Richter has authored an article, “Every Time You Get Drunk, This Is What Happens To Your Body And Your Brain,” that explains the science behind the hangover. The consumption of ... 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 »

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 »

An Alcohol Monitoring…Tattoo?

As DUI defense practitioners are well aware, a transdermal monitoring device such as a “SCRAM” device (a Secure Continuous Remote Alcohol Monitoring Device) is a prevalent but sometimes onerous tool in the bond condition, plea bargaining and sentencing processes. A client may be ordered to wear a SCRAM device ankle bracelet prior to trial, during probation, or as part of a compromised resolution of the case. The transdermal monitoring device continuously monitors a person’s blood alcohol level through skin contact ... Read More »

Tennessee Increases Jail Time for DUI Offenders with Six or More Convictions

Tennessee is again increasing penalties for multiple DUI offenders.[1] The 2016 Tennessee General Assembly amended Tennessee Code Annotated §55-10-402 to penalize more severely those who are convicted with six or more DUI convictions. This change applies to anyone committing an offense on or after July 1, 2016. As the law currently stands, a conviction for a 4th or subsequent DUI offense is a Class E Felony, which has a punishment range of 1-6 years. Accordingly, the law does not change ... Read More »

Cross the Fog Line 1 Time, Expect to be Stopped

Issued on the same day (February 11, 2016) as State v. Davis, (See, Cross the Center Line 1 Time, Expect to be Stopped), the Tennessee Supreme Court decided whether crossing the fog line is sufficient reason for an officer to stop the driver and investigate further.  The facts of State v. Linzey Danielle Smith were that the Trooper observed the Defendant crossing over the fog line with the two right wheels of her car and then twice touching it with ... Read More »

Don’t Count On The Minimum DUI Penalties

Richard Manley Floyd, a Knoxville Tennessee resident, learned the hard way that you don’t always get the minimum penalty.  With no aggravating factors such as an automobile wreck or injuries to anyone, Mr. Floyd received a jail sentence of 45 days instead of the minimum 48 hours for a first offense DUI conviction. The arresting Tennessee Highway Patrol Trooper stopped Mr. Floyd for traveling 20 mph over the speed limit. Mr. Floyd refused all field sobriety tests and declined to ... Read More »

College Students and Substance Abuse

Survey Suggests College Students have a High Risk of Substance Abuse A recent survey suggests that college students are less likely than those not attending college to be warned by healthcare professionals of the risks and dangers of abusing drugs or alcohol. This survey is extremely troubling because current college enrollees are “binge drinking” or drinking to an extreme in a short period of time. The results of the survey raise the question- why are these young students in college ... Read More »

Driving Under the Influence of Alcohol? Not if this High-Tech Device is Operational.

Development of high-tech equipment named the “Driver Alcohol Detection System for Safety” (DADSS) aims to keep potential drunk drivers off the road. In a recent article written on timesunion.com by Tatiana Cirisano, this device will attempt to detect the driver’s blood alcohol content by using breath and touch tests. If the DADSS detects alcohol over the legal limit (.08 percent in all states), the vehicle will shut down and become non-operational. DADSS is a collaborative research partnership between the Automotive ... Read More »

Some Say Hindsight is 20/20 — Can the Same Be Said for Body Cameras?

Across our country police officers are using body cameras to videotape arrests. ABC News posted an article discussing the advantages and disadvantages of body camera use by police officers. A vendor with a photograph of a body camera and more information is: BodyCam. Some experts claim that body cameras will force police officers to follow procedure and allow for every moment at the time of the incident to be documented and reviewed.  Others claim the equipment is too cumbersome or ... Read More »