DUI penalties in Tennessee just got much worse if someone is killed as a result of intoxication. As of July 1, 2022 the State of Tennessee will carry the toughest penalties in the United States due to its new “Truth in Sentencing” law, amending T.C.A. §40-35-501. Those committing the crimes of Vehicular Homicide Resulting From Intoxication and Aggravated Vehicular Homicide (together with other specified violent crimes) will require the defendant to serve a mandatory 100% sentence. Those convicted of certain ... Read More »
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4 Ways to Better Your Chances In Court
When you have to appear in court, particularly in defending your DUI related case, there are definitely some “tricks of the trade” to increase your chances of success. Appearing in an unusual environment for the first time can be downright frightening—particularly when you aren’t familiar with the rules and behaviors that are expected. Most lawyers will discuss these in detail with their clients, but if your lawyer has neglected to do so, or you have decided to represent yourself, allow ... Read More »
Will Alternative Sentencing Become More Available for DUI Offenders in Tennessee?
In proposed 2022 legislation introduced by Tennessee Senator Stevens and Tennessee Representative Farmer, the sheriff or chief administrative officer of a local jail or workhouse would be authorized to use alternative facilities for the incarceration of an offender convicted of driving under the influence regardless of whether the local jail or workhouse has space available. HB2432 and SB2584 is a major change from current law, but makes a lot of sense given that most DUI offenders are non-violent. The Tennessee ... Read More »
New Obstacle Proposed to Regain a Tennessee Driver License after a DUI Conviction
A 2022 proposed Bill filed jointly by Tennessee Senator White (SB2736) and Tennessee Representative Ogles (HB2270)would amend current law so that a person who was prohibited from driving due to a DUI conviction must, upon seeking reinstatement of driving privileges, provide the Tennessee Department of Safety with a report from an accredited laboratory demonstrating negative screening results for the substance that was the basis of the person’s conviction. The report must be dated within thirty (30) days of the person’s ... Read More »
Tennessee BUI Convictions May Affect DUI Penalties
2022 legislation proposed by Tennessee Senator White and Tennessee Representative Ogles would amend current law so that a prior conviction for the offense of boating under the influence must be treated the same as a prior conviction for driving under the influence of an intoxicant for purposes of determining punishment for a violation of driving under the influence of an intoxicant. Likewise a conviction for driving under the influence of an intoxicant (or related offenses) must be treated the same ... Read More »
DUI Convictions Prohibit Handgun Carry Permits in Tennessee
A client of mine have recently inquired about the effect a DUI conviction would have on their ability to obtain a handgun carry permit. I explained that even though a 2021 Tennessee law (T.C.A. §39-17-1307(g)) essentially eliminated the general requirement for certain individuals to obtain a handgun carry permit, certain locations within the State may still require a handgun carry permit. See, e.g., T.C.A. § 39-17-1311. In addition to suspending or revoking a handgun carry permit for a variety of ... Read More »
Will The 2021 Infrastructure Legislation Make Drunk Driving A Thing of the Past?
There has been a lot of discussion both before and after the passage of President Biden’s Infrastructure Bill, but there has been little emphasis on the effect it will have on DUI/DWI/OWI cases. In particular, the “Advanced Impaired Driving Technology” portion of the new law (Section 24220) directs automakers to install new technology designed to stop drivers from being able to start or continue to operate the vehicle if it detects they are impaired by alcohol. According to the legislation, ... Read More »
4 Common Ways to Monitor DUI Offenders
As part of a DUI offender’s bond or probation, a court may require a person to ne monitored for alcohol or drugs. The four most common types of monitoring systems are (in no particular order): Transdermal Devices, Ignition Interlock Devices, Portable Breath Testing Devices, and Drug Sweat Patches (to test for drugs). These methods are also excellent ways to establish a “track record” to prove the defendant is not consuming alcohol even if not required by a court. For instance, ... Read More »
To-Go Alcohol Law in Tennessee is Extended
Tennesseans may recall that Governor Lee signed an executive order during the COVID-19 pandemic allowing restaurants to sell alcoholic beverages for take-out. Apparently, this order was so popular that the Tennessee legislature extended the law to allow “To-Go” purchases of alcohol to continue. However, the extension of the “To-Go” law is only for two years. The bill summary for Tennessee House Bill 0241 states, “Generally under present law, the holder of a license to sell alcoholic beverages for on-premises consumption ... Read More »
Tennessee Boating Under the Influence Penalties Increased
As of July 1, 2021, the penalties for boating under the influence in Tennessee will be substantially increased. A number of Tennessee statutes will be amended by Senate Bill 0246 in the Tennessee 112th General Assembly to accomplish these changes. In essence, the change in the law adjusts the penalties for boating under the influence (BUI, BWI) to align with the current driving under the influence (DUI) penalties. The Bill summary states: “This bill clarifies that the offenses of vehicular ... Read More »