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Tag Archives: DUI attorney Steve Oberman

Bail Conditions Changed for DUI Defendants in Tennessee

As of July 1, 2022, when a judge determines the amount and conditions of bail to be imposed upon a defendant who has been charged with driving under the influence of an intoxicant (DUI), or a related offense, the court shall require the defendant to operate only a motor vehicle equipped with a functioning ignition interlock device if: (i) The offense resulted in a collision involving property damage; (ii) A minor was present in the vehicle at the time of ... Read More »

Toughest Vehicular Homicide Penalties Are Now In Tennessee

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 »

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 »

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 »

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 »

Save Time at the Tennessee DMV

First-time driver license and ID applicants; new resident applicants; and REAL ID applicants can now upload some identifying documents online before going to get their drivers licenses and other similar services in order to save time at the Tennessee Department of Safety and Homeland Security’s Driver Services Center. The link for these services may be found here. These applicants should allow five business days for their documents to be reviewed. The approved uploaded documents must still be presented at a ... Read More »

Are Takeout Cocktails Here to Stay?

One of the positive changes brought about by the pandemic occurred when many state and local government allowed customers to take pre-mixed cocktails outdoors in expanded dining areas.  According to Yahoo! news, 33 states and the District of Columbia pass emergency orders allowing outdoor drinking. Quoting the Wall Street Journal, Yahoo! news reports that Washington, D.C., “Wisconsin, Kentucky, Ohio, and Iowa have already made such allowances permanent, while other states extended permission into next year.” Those opposed to permitting outdoor ... Read More »

DUI Scam reported by FBI

According to WATE-TV in Knoxville, the Knoxville, TN FBI field office is reporting a “new twist on an old scam.”  Scammers are scaring victims by telling them their child was arrested for Driving Under the Influence of an Intoxicant (DUI)  after a serious crash. The scammers pose as the child and attorney to demand bail in cash due to COVID-19.  The FBI recommends attempting to reach their child to confirm their safety. There are a lot of things that don’t ... Read More »