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Tennessee DUI News

No Powdered Alcohol for Sale in Tennessee

The Tennessee Senate has approved legislation in 2015 that would ban the sale of powdered or crystalline alcohol in Tennessee. Specifically, Senate Bill 0374 would make it a Class A misdemeanor offense to sell the product. A similar Bill ( HB0404) has been filed in the Tennessee House of Representatives. A Class A misdemeanor generally carries a penalty of from straight probation to 11 months, 29 days in jail; a fine from $0 to $2,500; or both, plus court costs. ... Read More »

Third and Subsequent DUI Offenders Not Allowed To Purchase Alcohol?

Because the number of people receiving their third DUI (Driving Under the Influence) offense is growing (751 persons in 2014 and 900 expected in 2015), Tennessee lawmakers have devoted much time and effort toward reducing the number of people who violate Tennessee Driving Under the Influence laws for a third or subsequent time. One solution has come in the form of a new proposed law. Endorsed by both parties, this legislative bill would ban people convicted of a third or ... Read More »

Providing Information at a Tennessee DUI Roadblock or Sobriety Checkpoint

At a typical sobriety checkpoint trying to identify drivers under the influence of alcohol and/or drugs, motorists are forced to stop their vehicle, roll down their window, and usually provide certain documentation to an officer.  The documentation generally includes a valid driver’s license, proof of registration and proof of financial responsibility (liability insurance). While the driver is gathering these documents, the officer may also ask questions about what the driver may or may not have been doing before reaching the ... Read More »

TEXTING VS. DRINKING WHILE DRIVING: LOL OR SOL?

  On November 8, 2014, University of Oregon linebacker Joe Walker returned a fumble one hundred (100) yards against the University of Utah for a touchdown.[1] Both football fans and the National Highway Traffic Safety Administration (NHTSA) agree—this is a long distance. A NHTSA report states that “sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds, the equivalent—when traveling at 55 mph—of driving the length of an entire football field while ... 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 »

The Tennessee Drug-Free Workplace Program and Drunk Driving

52.6 million American adults are binge[1] drinkers—more than Tanzania’s entire population, an East African country, of 49,639,138.[2] These binge drinkers are not simply unemployed town drunks—42.1 million work either full or part time.[3] However, alcohol is not the only abused substance affecting Americans; illicit drug use has contributed to approximately 23.9 unprescribed drug users in the United States—9.4 million are employed adults.[4] Substance abuse also contributes to approximately 30 million Americans who are driving under the influence of alcohol each ... Read More »

Avoiding a DUI – Guaranteed

  Holidays are a time for family, fellowship, and festivities.  However, take precautionary measures if your holiday celebrations include alcohol. Many sober and safe ride services are available during holidays to limit the amount of intoxicated drivers and maintain safe roads.  The National Highway Traffic Safety Administration (NHTSA) has compiled a list of designated driver services across the country, some of which conveniently return you, and your vehicle, back home. [1]  Other services and programs offer designated drivers, scheduled pick-ups, ... Read More »

The Uber Effect

The Uber Effect – Safety May Be Just One Click Away Launched in 2009, Uber has transformed travel habits through its popular and efficient system of matching potential passengers to Uber drivers and instantaneous wireless payments.  By virtue of Uber’s app or website,[1] individuals may personalize their means of transportation by price and vehicle type.  Expanding to over 200 cities world-wide, Uber has become a viable travel alternative for many. [2] Uber’s success derives from its claim of economic efficiency, ... Read More »

Southern Drawl or Alcohol?

Southern Drawl or Alcohol? Effects of One’s Speech on an Officer’s Perception of Their Soberness There is an array of characteristics that affect the cadence of one’s speech and their accent. Culture, heritage, geographical location, and education are all contributing factors to the way we speak. For example, it is a widespread stereotype that those from the Southern states of America are pegged with having a “drawl.” But is this endearing charm equivalent to signs that police officers often label ... Read More »

Facial Recognition by the Tennessee Department of Safety and Homeland Security

Knoxville recently added its third self-service kiosk designed for convenient driver’s license renewal. This kiosk, like the forty others in Tennessee, functions using biometric facial recognition technology to recognize the driver. As of 2013, agencies in thirty-seven states, including the Tennessee Department of Safety and Homeland Security, were using a database of photos for facial recognition: amounting to an estimated 120 million Department of Motor Vehicles (DMV) photos kept in databases around the nation. Be aware, though that the implications ... Read More »