Many of our clients are unaware that there is a separate criminal offenses in Tennessee when one is in possession of a handgun while under the influence. T.C.A. § 39-17-1321(a). This means that one may be charged with and convicted of both DUI and Possession of a Handgun While Under the Influence of an Intoxicant. Notwithstanding whether a person has been issued a handgun permit or is otherwise permitted to carry a handgun, it is an offense in Tennessee for ... Read More »
Tag Archives: alcohol
More 2023 Tennessee DUI Legislation
As we all know, or should know, our laws are born with legislation sponsored by our Tennessee State Senators and Representatives. Accordingly, it is an incumbent upon all of us to keep track of what laws are being introduced, or need to be introduced, so that we can provide feedback to our legislators. In this article, I want to provide you with information relating to two Senate bills relating to Driving Under the Influence (DUI) laws that are pending before ... Read More »
ATTACKING THE INTOXILIZER
This article deals with methods to suppress the blood alcohol number versus the numerous attacks on the number as it relates to the intoxilizer. It is far easier to have the blood alcohol results suppressed during pretrial than it is to convince jurors the results are inaccurate. There are a number of requirements that must be met before the intoxilizer is admissible in Kentucky. Sources of these attacks come from the Kentucky Administrative Regulations, Kentucky Revised Statutes (KRS), and manuals ... 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 »
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 »
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 »
What Actually Happens In Your Body When You Get “Drunk”?
Drunk driving can lead to being arrested for Driving Under the Influence (DUI). Being arrested can add to the serious “hangover” you may have after consuming that much alcohol. But most people are not aware of what actually happens to your body once all that alcohol is consumed. Ash M. Richter has authored an article, “Every Time You Get Drunk, This Is What Happens To Your Body And Your Brain,” that explains the science behind the hangover. The consumption of ... Read More »
3 Ways to Help a Loved One Through Addiction
When a loved one has fallen into a habit of addiction, regardless of the substances, it is stressful for all involved. You’re concerned about their health, about their rate of recovery, and you might be worried about legal repercussions. Helping your loved one through the recovery process is a long road but certainly one the person needs. Support is a key component in recovery. Here are some ways you can help your loved one through addiction and treatment. Collect Resources ... Read More »
Don’t Do “Dewshine”
A tragically dangerous new concoction is being consumed by Tennesseans (and likely others) that can potentially lead to death. According to a recent USA Today article, there only four current cases (all originating out of Robertson County, Tennessee) involving teens consuming a newly created “death cocktail” as described by Donna Seger, medical director of the Tennessee Poison Center. The name given to this new poisonous cocktail is “Dewshine.” As the article details, “Dewshine” is a mixture of the well-known soft ... Read More »
College Students and Substance Abuse
Survey Suggests College Students have a High Risk of Substance Abuse A recent survey suggests that college students are less likely than those not attending college to be warned by healthcare professionals of the risks and dangers of abusing drugs or alcohol. This survey is extremely troubling because current college enrollees are “binge drinking” or drinking to an extreme in a short period of time. The results of the survey raise the question- why are these young students in college ... Read More »