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Tag Archives: Oberman & Rice Law Firm

Tennessee DUI Laws Could Get A Lot Tougher

The Tennessee Senate Judiciary Committee has now approved legislation known as Dustin Ledford’s Law.  This would increase penalties for all multiple offenses of driving under the influence (DUI) offenders to Class E felonies with a minimum sentence of 11 months, and 29 days. Under current law, persons convicted of a second DUI offense must be sentenced to no less than 45 consecutive days nor more than 11 months 29 days; third offenses result in a sentence of no less than ... Read More »

Blood, Breath and Birchfield v. North Dakota — Why it matters

On June 23, 2016, the U.S. Supreme Court published an important decision affecting our right of privacy.  Birchfield v. North Dakota[1] was presented to the highest court in the land due to the enactment of legislation in several states that penalize DUI  suspects who refuse to submit to a chemical test with not only drivers’ license suspension or revocation, but also criminal penalties. Such laws present the accused with an impossible choice—forgo the constitutional right to be free from warrantless ... Read More »

Tennessee Bureau of Investigation Re-Testing 2,800 Blood Alcohol Samples After Discovering a Mistaken Switch

The Knoxville News Sentinel (the local Knoxville newspaper) reported on a recent discovery that a TBI employee had mishandled and mistakenly switched the blood alcohol samples from two different people. This mishandling of evidence caused a man to be charged with DUI and vehicular homicide after he was involved in a fatal crash.  The incorrect sample showed that the man had a blood alcohol content (BAC) of .24%—when his actual BAC was .01%.  The mistake was only discovered after the ... Read More »

And You Thought Beer Cans Were Just for Holding Beer

Imagine yourself lying on a beach in the hot sun, listening to the waves crash against the shore as you finish off another ice cold beer.  Now imagine your skipping across the ocean at 58 M.P.H. in a “sleek, solid looking J-boat built out of a pile” of those very same beer cans.  That’s exactly what the Aussies had in mind when they started the Darwin, Australia Beer Can Regatta 34 years ago. The Australia Beer Can Regatta invites boating ... Read More »