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Tag Archives: DUI

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 »

16-year-old Ocala boy arrested on DUI manslaughter charge

File photo of Florida Highway Patrol cruiser (WJXT 2020) OCALA, Fla. ClickOrlando.com – A 16-year-old Ocala boy was arrested Friday on DUI manslaughter charges in connection with a January crash in Citrus County that killed an 18-year-old Florida woman, the Florida Highway Patrol said. The FHP said Antonio Villalbazo was taken to the Citrus County Jail and faces charges of DUI manslaughter, DUI with serious injury, possession of cocaine, driving without a driver’s license resulting in death and vehicular homicide. ... Read More »

KENTUCKY’S VIEW OF BIRCHFIELD

Birchfield involves a trilogy of cases dealing with criminalizing a refusal to submit to a blood or breath test in  DUI prosecutions. The Birchfield holding was significantly different as it distinguishes prosecutions of breath and blood refusals. The Birchfield Court held that you could criminalize the refusal to take a breath test in DUI prosecution because it was not coercive. Giving a breath test involves no intrusion into your body. The same could not be said for a refusal to ... 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 »

What is the Impact of Ohio DUI / OVI on Insurance Rates?

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 »

Can You be Convicted of a DUI / OVI in Your Garage?

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 »

Missouri DWI Lab Testing is Weak on Standards

In Missouri driving while intoxicated (DWI) cases, police officers are required to follow certain standards. Standards are in place in an attempt to bring some degree of scientific certainty to testing procedures. Breath testing machines have been subject to weak oversight regarding testing standards. The result can be wrongful convictions. The Missouri Code of State Regulations (19 CSR 25-30) specifies the standards that should be followed when testing the accuracy of breath testing devices. If the standards are not followed, ... 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 »