Friday , September 29 2023
Home / Tag Archives: DUI

Tag Archives: DUI

Good News For Tennessee Implied Consent Defendants

After many years of frustrating arguments with judges across Tennessee trying to obtain an expungement order for implied consent cases that were dismissed, the Tennessee Legislature passed a law in 2023 that now specifically allows most (but not all) dismissed implied consent violations to be expunged (erased from public record).  Public Chapter 137 became law on April 6, 2023 amending Tennessee Code Annotated, Section 40-32-101 and Section 55-10- 407, relative to expunction. Drivers who are suspected of the crime of ... Read More »

Possession of a Handgun While Under the Influence of an Intoxicant

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 »

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 »

The Police Cannot Steal Your Blood from a Locked Garbage Can at the Hospital and Use it to Prosecute You—Or Can They?

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 »

Changing The Expungement Laws One Step At A Time

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 »

Will Hawaii Be The Next State With A .05% Per Se Blood Alcohol Level?

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 »

New Study Published: 20% of Deaths of Young U.S. Adults Caused by Excessive Alcohol Consumption

On November 1, 2022, the JAMA Network Journals of the American Medical Association published an article suggesting that an estimated 20.3% of deaths among adults aged 20 to 49 years were attributable to excessive alcohol use and that greater implementation of evidence-based alcohol policies could reduce this proportion.  During the 2015-2019 study period, the average deaths of adults aged 20 to 64 years was lower–only 12.9%, but still a number that is far too high if the study’s conclusions are ... Read More »

Wrong-way driver arrested near Mesa facing aggravated DUI charges; drove 11 miles, DPS says

Source: 3TV/CBS 5 A wrong-way driver is now in custody after being accused of driving under the influence near Mesa late Sunday night. According to the Arizona Department of Public Safety, multiple 911 calls were received of a driver going eastbound in the westbound lanes of SR-202 near Alma School just before midnight. With the assistance of the police helicopters and troopers in the area, they were able to locate the driver still heading the wrong way near Recker Road. ... Read More »

Technology To Prevent DUIs Moving Faster Than Preventing Speed-Related Crashes

In a story published by CNN, and as previously noted on this website, the National Transportation Safety Board’s (NTSB) recommendation of alcohol impairment detection systems is moving forward.  See “Will The 2021 Infrastructure Legislation Make Drunk Driving A Thing of the Past?” and “Apple Developing iPhone Feature to Prevent Drunk Driving.” The NTSB 2017 Safety Study, “Reducing Speeding-Related Crashes Involving Passenger Vehicles,” however, is not moving as quickly.  As reported by CNN, “the NTSB also suggested the National Highway Traffic ... Read More »

Off-duty Wichita Police Detective Arrested for DUI

Source: KWCH WICHITA, Kan. (KWCH) – A Wichita Police Detective is facing charges of a DUI charge after a car crash involving a city bus. Wichita Police said in a release Saturday that officers were called to an accident at Douglas and Waco around 11:50 p.m. September 23. A car and a Wichita Q Line bus crashed, but no injuries were reported. When officers talked with the driver of the car, off-duty WPD Detective MaryAnna Hoyt, police said they saw ... Read More »