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Tag Archives: TN

DUI Conviction? No Booze for You!

On March 21, 2018, a bill sponsored by Tennessee State Representative Bud Hulsey and Senator Frank Niceley allowing judges to prohibit those convicted of driving under the influence from purchasing alcohol made its way to the House Criminal Justice Committee.  According to the Tennessean newspaper, various drafts of the bill (HB 1698), before being finalized, sought a lifetime ban for a third conviction and discretion for judges to prohibit the purchase of alcohol for various lengths of time depending on  ... 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 – Tough on DUIs!

A 2015 study conducted and released by Wallethub.com, a personal finance website, ranks the strictness and/or leniency of penalties relating to DUI convictions in each state and the District of Columbia.   Analysts for the company based their ranking system on several different factors including, but not limited to, mandatory minimum jail sentences and fines, administrative driver’s license suspension, length of time that an Ignition Interlock Device is required to be used by a DUI offender, and average monetary increase of ... Read More »

Tennessee v. Kennedy & Tennessee v. Wells – Blood Draws and the Fourth Amendment

Two Tennessee cases were recently decided concerning the constitutionality of mandatory blood draws of those accused of driving under the influence (DUI). This legal issue is highlighted in Tennessee Court of Criminal Appeals cases, State v. Kennedy[1] and State v. Wells.[2] Both cases discuss at length the constitutionality of the Implied Consent statute, Tennessee Code Annotated (T.C.A) § 55-10-406(f)(2) in relation to Fourth Amendment rights against unreasonable searches and seizures. Generally, T.C.A. § 55-10-406(a) provides that “[a]ny person who drives ... Read More »

2012 Tennessee DUI Legislation Update

Tennessee DUI Laws 2012 Two new Tennessee DUI laws now make it more difficult to defend persons accused of driving under the influence.  In another change, the DUI penalty when the driver is accompanied by someone under the age of 18 has increased. The 2012 Tennessee Legislature amended Tennessee Code Annotated § 55-10-406 (the Implied Consent Law).  This law applies after an officer concludes that a person is probably under the influence of an intoxicant and then requests the suspect ... Read More »