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Tag Archives: steven oberman

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 »

Don’t Do “Dewshine”

A tragically dangerous new concoction is being consumed by Tennesseans (and likely others) that can potentially lead to death. According to a recent USA Today article, there only four current cases (all originating out of Robertson County, Tennessee) involving teens consuming a newly created “death cocktail” as described by Donna Seger, medical director of the Tennessee Poison Center. The name given to this new poisonous cocktail is “Dewshine.” As the article details, “Dewshine” is a mixture of the well-known soft ... Read More »

Citizen’s Arrest or Vigilante Justice?

A recent decision by the Tennessee Court of Criminal Appeals has affirmed that a private citizen may conduct a traffic stop on another private citizen. State v. Wilburn, (Tenn. Crim. App. 2015), was brought to the court’s attention on a certified question of law regarding the denial of the Defendant’s motion to suppress (make inadmissible) all evidence collected against him due to an unconstitutional traffic stop. The Wilburn case involved a driver being pulled over and eventually arrested by a ... Read More »

One Day Touching Your Car Will Detect Alcohol

A recent USA Today article discusses how technological advances have developed new passive alcohol sensors that may help prevent drunk driving (DUI or DWI).  Ignition Interlock Devices have been in general use around the country for years (requiring the driver to blow into the device before starting their vehicle in order to ensure their breath alcohol levels do not exceed the set limits) and are required for many drivers who have been convicted of a DUI or related offense in ... Read More »

Driving Under the Influence of Whipped Creme?

A woman in Williamson County, Tennessee (near Nashville) was recently arrested for her sixth DUI offense for driving under the influence of an intoxicant.  This time it was an inhalant–likely nitrous oxide.  The original news report may be read by clicking here. Those interested in obtaining a euphoric effect inhale this chemical, commonly known as laughing gas. It is a colorless, non–flammable gas commonly used in surgery and dentistry as an anesthetic. This chemical is also often used as an ... Read More »