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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.

Recording The Police When You Get Pulled Over

Not all officers have recording devices on their persons, or even in their cars. Many times it is advantageous for a defendant to record the details of a police investigation. In order to eliminate the swearing contest that often arises between an officer and driver, almost all mobile platforms now have apps which allow the driver to surreptitiously (secretly) record the police officer (or anyone else for that matter). USA Today reports that an add-on called, “Police,” may be used ... Read More »

The Birds Are Flying Under The Influence

Even the birds in Minnesota are flying drunk. CNN is reporting that Robbins and waxwings are feasting on berries that has fermented earlier than usual because of an early frost. The sugar in the fruit turns into alcohol as they lose moisture. Getting intoxicated can be quite dangerous for them, according to Anna Pidgeon, an associate professor at the University of Wisconsin’s Department of Forest and Wildlife Ecology.”  (They) lose their coordination, they lose their natural ability to escape predators ... Read More »

Increased DUI Penalties Make It More Difficult For Americans To Travel To Canada

Periodically, when the need arises to provide information that Mr. Oberman does not feel qualified to give, guest posts are provided to the readers of this blog.  Given that Mr. Oberman is not licensed to practice law in Canada and the fact that he does not practice in the field of immigration law, he asked Canadian attorney Marisa Feil to write a guest blog about the implications relating to Canadian Bill C-46, which will take effect in December of 2018.  ... Read More »

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 »