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Home / Author Archives: Steve Oberman

Author Archives: Steve Oberman

Since graduating from the University of Tennessee Law School in 1980, Mr. Oberman has become established as a national authority on the intricacies of DUI defense law. Steve is a former Dean if the National College for DUI Defense, co-author of a national treatise, ("Drunk Driving Defense" published by Aspen/Wolters-Kluwer) and author of "DUI: The Crime and Consequences in Tennessee" (published by Thomson-Reuters/West). He has taught thousands of lawyers, judges and members of the general public about the intricacies of this crime. As a Tennessee DUI attorney, Mr. Oberman has successfully defended over two thousand clients charged with Driving Under the Influence of alcohol and/or drugs. In 2006, Mr. Oberman became the first DUI lawyer in Tennessee to be recognized by the National College for DUI Defense as a Board Certified Specialist in the area of DUI Defense law.

Thousands Of Breath Tests Are Ruled Inadmissible

According to an August 16, 2018 Salem News article, prosecutors across Massachusetts have agreed to stop using the results of the breath test from 2011 through 2017 over concerns of calibration issues. What is more disturbing is that officials attempted to hide these issues from both defense lawyers and prosecutors. Apparently a laboratory employee had not calibrated the devices, Draeger models 9510, to the proper range for margin of error. This ultimately resulted in the dismissal of more then 34,000 ... Read More »

Driving Under the Influence of Smartphones

Binge watching Netflix.  FaceTiming a friend. Scrolling through your Spotify playlist. All of these seem like harmless activities–until you try to do them while driving. Due to the rise in distracted driving, lawmakers across America are rethinking their laws on smartphones in vehicles. A study completed by AAA showed that 88% of millennial aged drivers acknowledge their dangerous driving habits, however, some of the drivers think that this behavior is acceptable. For example, the study showed that 78.2% of drivers ... Read More »

Drugged Driving Now More Dangerous than Alcohol

The crime of Driving Under the Influence (DUI, DWI, OWI, etc.) may be committed by driving while impaired due to any intoxicant or combination of intoxicants.  These include, among other intoxicants, alcohol, prescribed medication or illegal drugs.   A 2016 study by the Governors Highway Safety Association (“GHSA”) shows a trend in fatal drug related crashes surpassing deadly accidents involving alcohol. Experts say this trend derives from states legalizing marijuana combined with the current opioid epidemic in America. According to ... Read More »

Am I Stoned? A New Phone App

According to Inverse.com, the National Institute on Drug Abuse has now created a mobile phone app that can determine if you are impaired due to marijuana consumption. The app, presented by Elisa Pabon, a Ph.D. candidate at the University of Chicago, is called, “Am I Stoned?” The app, while not yet ready for distribution, tracks performance on certain digital tasks performed on one’s smart phone. Surprisingly, the most accurate assessments of impairment came from the study participants.  “With regard to ... Read More »

Does .18% Compel One to Mow a Lawn? Apparently Yes

An Indiana man was arrested for driving his lawn mower while intoxicated.  As reported in USA Today, Barry Ridge drove his riding lawnmower onto someone else’s lawn and started mowing the grass.  He then headed down the road.  Once stopped by the police, they observed his eyes to be “glassy” and gave him a breath test.  He registered .189%. The truly amazing fact is that this is the second time Ridge has been arrested for driving his lawnmower while under ... Read More »

Have or Need a Commercial Driver’s License?

If you have, or if you are planning on getting, a Commercial Driver’s License (CDL), you need to know a little bit about how and why prosecutors take such a hard stance on traffic and other related violations when they involve drivers with a CDL. One way to get a good overview is to review, “Commercial Drivers Licenses: A Prosecutor’s Guide to the Basics of Commercial Motor Vehicle Licensing and Violations (Second Edition).” This guide was funded, at least in ... Read More »

How Drunk is Your State?

In an USA Today article by Cheyenne Buckingham, excessive alcohol consumption is discussed and ranked from the least-to-most excessive alcohol consumers (by State) in the United States. According to the article, excessive alcohol drinking includes “binge” drinking and “heavy” drinking. The article explains that according to the Centers for Disease Control (CDC) “binge” drinking is consuming four or five alcohol drinks (depending on the gender of the consumer) during a single occasion. The CDC further states that “heavy” drinking is ... Read More »

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 »

Blood and Breath Tests Disallowed in Many Tennessee DUI Cases

On February 6, 2018, the Tennessee Court of Criminal Appeals issued an opinion ruling that Tennessee Code Annotated section 55-10-413(f), which gives the Tennessee Bureau of Investigation a fee of $250 for each DUI conviction that is obtained using a blood or breath test, is unconstitutional. The TBI does not receive this fee in the event of an acquittal. This landmark decision is considered to be limited only used to the persons who were actually parties to this case (over ... Read More »

DUI Technology—The DRUID App

The effects of alcohol intoxication are relatively well-known, and they are also relatively universal among different people. The amount of alcohol concentration in one’s bloodstream that causes these effects differs among each of us (e.g. tolerance). Moreover, the amount of time it takes to experience these effects is dependent upon a number of factors such as how quickly the alcohol is consumed, the amount of food in one’s stomach, etc. Nonetheless, all states[1] in the U.S. have adopted the 0.08% ... Read More »