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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 of 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. Steve was selected as a Fulbright Scholar to teach at the University of Latvia School of Law in 2019. 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.

Do Police Have to Get a Search Warrant to Obtain the Blood of an Unconscious Driver?

Have you ever wondered whether a police officer needs to request a search warrant when attempting to obtain a blood sample from an unconscious suspected drunk driver?  The United States Supreme Court recently answered that question.  The Court agreed that there is no question that our Fourth Amendment constitutional right against unreasonable searches and seizures applies when blood is taken from the body of a person suspected of driving under the influence (DUI, DWI, or OUI). However, the Court was ... Read More »

“End Drunk Driving Act” And Others Introduced In Congress

As reported by Patch.com, on May 30, 2019, Long Island, NY Congresswoman Kathleen Rice introduced a package of three bills that would combat impaired and distracted driving.  The End Drunk Driving Act will require that within 10 years, all new cars sold in the U.S. come equipped with advanced DWI-prevention technology.  According to the Garden City Democrat, “… nearly 15,000 were killed in 2018 because of an impaired or distracted driver – these are deadly and tragic epidemics that have ... Read More »

News Alert for Tennessee Motor Vehicle Habitual Offenders

Tennessee Governor Lee has signed into law an amendment repealing the Tennessee Motor Vehicle Habitual Offender Law (Tennessee Code Annotated 55-10-601, et seq.), more commonly known as the Tennessee Habitual Motor Vehicle Offender Law (HMVO).  Previously, those who qualified as habitual offenders were required to have their driver’s license revoked without any opportunity to drive on a restricted license. This meant that those who were declared habitual offenders were not allowed to drive at all for at least 3 years.  ... Read More »

Ignition Interlocks Reportedly Causing Injuries and Death

The Portsmouth, Virginia CBS affiliate television station, WAVY, has reported that ignition interlock devices may be the cause of injures and death on the roadways.  Not only are false positives a problem for those using the devices, but distractions from the alerts and blowing into the devices while driving have caused crashes. According to the news report posted May 16, 2019, the Virginia Department of Motor Vehicles indicates that the number of crashes due to the device has gone up ... Read More »

Hangover Free Alcohol on the Horizon

Alcohol that makes you feel drunk without a hangover may be available within five years. Today’s generation has become more health conscious than generations before, causing a decline in alcohol sales in many countries. Therefore, the market for a healthier alcohol alternative is on the rise. This market interest in a healthier alcohol alternative has caught the attention of Scientist David Nutt. Nutt is a professor from England, famous for his research on how psychedelics affect the brain.  His latest ... Read More »

Drunk Without Drinking?

A man in Maine was arrested and charged in August of 2016 with operating under the influence after police found him with a blood alcohol level nearly four times over the legal limit. There was just one catch: he said that he hadn’t touched a drop of alcohol in months. While this seems far-fetched, there is a medical explanation for being intoxicated without actually drinking alcohol. This medical explanation, called auto brewery syndrome, actually does affect a rare, small group ... Read More »

Tennessee DUI Laws Could Get A Lot Tougher

The Tennessee Senate Judiciary Committee has now approved legislation known as Dustin Ledford’s Law.  This would increase penalties for all multiple offenses of driving under the influence (DUI) offenders to Class E felonies with a minimum sentence of 11 months, and 29 days. Under current law, persons convicted of a second DUI offense must be sentenced to no less than 45 consecutive days nor more than 11 months 29 days; third offenses result in a sentence of no less than ... Read More »

False Advertising?

A motorist was stopped on I-80 in Berkley, California for weaving on the highway on February 24, 2019, according to USA Today.  While the driver was arrested for Driving Under the Influence of an Intoxicant (DUI/DWI), California Highway Patrol Officer Baza couldn’t help but notice the irony of the large sign on top of the vehicle.  It stated, “I should probably get a ride home” (with the word “probably” crossed out) and “Buzzed driving is drunk driving.” Interestingly, the National ... Read More »

Why People Insist On Drinking Too Much Alcohol

According to Inquirer.net, the journal Neuron published a study conducted by Karla Kaun, Emily Petruccelli and a team at Brown University who took it upon themselves to investigate the role of molecules and genes to help determine why  people only remember good feelings associated with  neurotoxins such as alcohol.  First, they studied fruit flies to like alcohol.  Then they worked to find out why there was no real memory of the unpleasant effects on their bodies such as those suffered ... Read More »

DUI Arrests to Increase in 2019

It is no secret. DUI arrests have decreased across the country by at least 30% during the last two to three years. It is no coincidence that the U.S. Supreme Court decision of Birchfield v. North Dakota (2016) was decided about the same time as DUI arrests began their decrease. You can read more about how Birchfield affects DUI search warrants here. Police officers have confidentially complained that since the Birchfield decision, it takes too long to legally obtain blood ... Read More »