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Tag Archives: Tennessee

The Newest in BodyCam Technology

Officers may not particularly like recordings of traffic stops and DUI investigations—after all, who wants all their actions recorded for review by their supervisor and potentially the public? Nonetheless, body cameras are invaluable in protecting both officers and citizens during non-routine encounters because the video footage provides a complete and unbiased recordation of the full situation. In DUI cases, though, the recordings provide experienced defense counsel the opportunity to detect Constitutional violations and procedural mistakes. In particular, lawyers scrutinize the ... Read More »

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 »

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 »

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 »

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 »

Happy New Year and Buckle Up in Tennessee!

A recent amendment to a current Tennessee law will hurt offenders a little more in the wallet if they are convicted of driving without wearing a seatbelt in Tennessee. Tennessee Code Annotated § 55-9-603(a)(2) specifies the fines for driving without wearing a seatbelt in Tennessee. Since the law’s inception through 2015, a violation of this statute has been a Class C misdemeanor punishable by a $10.00 fine for the first violation, and a $20.00 fine for a subsequent violation. Payment ... Read More »

Tennessee Drunk Driving Prevention Campaign Cancelled Because of Impaired Judgment

Tennessee residents are familiar with the Governor’s Highway Safety’s Office (GHSO) ongoing campaign to deter drunk drivers. During the summer months, the GHSO has a reoccurring theme called “100 Days of Summer Heat Booze It and Lose It”. The main goal of this campaign is to prevent people from drinking and driving on Tennessee roads. Recently, the GHSO released a new campaign meant to target young males in Tennesseans bars and restaurants by printing coasters with an anti-drinking and driving ... 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 »