Tag Archives: driving under the influence

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 »

Image source: National Eye Institute https://commons.wikimedia.org/wiki/File:Checking_Blood_Sample_(9955279835).jpg Can a patient seeking care at a hospital give a blood sample for the purposes of acquiring medical treatment while retaining their Fourth Amendment protections against unreasonable search and seizure of that sample of blood by the police? According to a recent Alabama Court of Criminal Appeals decision[1], the official answer is still unclear. On February 16, 2013, an Alabama driver struck and severely injured a pedestrian. The police arrived on the scene, and ... Read More »

Recently, I had a client who, unfortunately passed away while her case was pending. The typical procedure in a situation like this is to conclude the case by what is called an “abatement.” Although this did conclude the case, I was concerned that her young child may later review her criminal history and find she was charged with a DUI. Accordingly, I attempted to expunge. (erase from public record.) my client’s arrest. The state, however, objected to expunging this case, ... Read More »

Hawaiian legislators are again considering lowering Hawaii’s “legal” blood alcohol concentration (BAC) limit from 0.08% to 0.05% according to KITV, Channel 4 in Honolulu.  According to a news report, State Sen. Angus McKelvey has introduced such a bill.  Utah is the only other state in the nation with such a low per se alcohol level. Hawaii Alcohol Policy Alliance Director Rick Collins said about 30% of car crashes in Hawaii involve alcohol. But does that mean that drivers with alcohol levels ... Read More »

In Missouri, voters passed Amendment 3 on November 8, 2022. The constitutional amendment   allows for recreational marijuana use. Recreational marijuana may substantially affect police investigations as well as DWI enforcement. Police officers have long used the ubiquitous “odor of marijuana” to justify searches of vehicles. Driving While Intoxicated charges are commonly brought when an officer suspects smells marijuana on a driver and suspects marijuana intoxication. What is marijuana intoxication? At what level does marijuana use affect safe driving? These are ... Read More »

BOCA RATON, Fla. (CBS12) — Boca Raton police released an internal affairs investigation that led to the firing of one of their officers. Delray Beach police initially charged off-duty officer Bartolo Renteria with driving under the influence with property damage or injury following a crash on South Military Trail on Sept. 8, 2020. In May, Renteria, 30, pleaded guilty to lesser charges of reckless driving causing property damage. Read the rest of the story HERE. Local attorney Ron Herman did ... Read More »

Missouri has not criminalized open containers of alcohol in vehicles on state roads. The result has surprised some safety experts. Instead of an increase in highway motor vehicle fatalities, Missouri’s roads have become safer. They have become safer than other states. Federal dollars earmarked for road construction have been forced to be re-allocated toward highway safety projects in Missouri. The federal government attaches strings to its spending measures. Missouri has not complied. Missouri’s gamble has paid off. The current penalty ... Read More »

When we consider the impact of a DUI (called ‘OVI in Ohio), we typically think of the sentence imposed by the court.  The sentence for a first-offense OVI in Ohio includes a mandatory jail term of three days to 180 days, a mandatory license suspension for one year to three years, and a mandatory fine of $375 to $1,075.  In addition to those mandatory aspects of the sentence in court, there are secondary consequences for an OVI conviction.  One of ... Read More »

Picture a woman standing in her garage beside her car.  The engine is not running, but the car is ‘on’ with the radio playing.  Police arrive at her residence, enter the garage, and give her field sobriety tests.  The officers determine she is under the influence of alcohol, arrest her, and charge her with DUI (called ‘OVI’ in Ohio).  Can she be convicted of OVI? Read More »

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 »