Tag Archives: Steve Oberman

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 »

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 »

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 »

The Tennessee Senate has unanimously passed a law requiring law enforcement officers to undergo training on the proper testing procedures for use in investigating cases of suspected driving under the influence (DUI or DWI).  This training would be part of the annual in-service training required for certifications that occur on or after January 1, 2022. The law, if passed by the Tenn. House and signed by the Governor will amend T.C.A. Title 38, Chapter 8 and Title 55, Chapter 10, ... Read More »

A TV news investigation by CBS4 in Denver, Colorado has revealed that some DUI criminal cases as well as some potential drivers license suspension hearings have been dismissed because police have refused to provide suspects with a breath test. Some officers are reluctant to administer breath tests because of their concern for their own safety. Unlike some other states (such as Tennessee), Colorado law allows a DUI suspect to be given the choice of a breath test or blood test ... Read More »

Regular readers of this blog know that I try to keep them informed about new methods of detecting marijuana (THC) in the body of drivers.  For instance, you may wish to review my 2019 post here and my 2015 post here.  In addition to breath tests, a saliva test has now been studied.  If perfected, this method will likely be used by law-enforcement officers as part of their investigatory procedures to determine if someone is driving under the influence of ... Read More »

Apparently drive-through bars are for real and being used more frequently during this pandemic!  For instance, Johnny’s Bar and Casino became the first drive-through bar in Great Falls, Montana. Fortunately, the business already had a drive through window through which it was previously selling food. However, once receiving approval from the State of Montana, Johnny’s Bar and Casino began selling growlers, bar drinks, and beer through the window complete with drive-through bartenders. One may learn more about this drive-through bar ... Read More »

As USA Today reported in 2020, Alcoholics Anonymous (AA), has long been criticized for not having any medical research to back up its efficacy.  However, a new study published by the medical journal Cochrane Database of Systematic Review, reverses a 2006 study by now concluding that AA and similar twelve step facilitation (TSF) programs interventions usually produced higher rates of continuous abstinence than the other established treatments investigated.  This study purposes that, “AA/TSF may be superior to other treatments for ... Read More »

Unlike testing for alcohol, breath testing technology does not yet exist for cannabis. However, this type of technology is growing ever closer. The principal problem is that the technology must detect recent cannabis use and additionally prove that the cannabis in one’s system impaired the driving. The problem arises because cannabis may be detected in one’s body long after the effects of the drug have worn off. THC, the active ingredient in cannabis may remain on the breath for two ... Read More »

Tennessee DUI clients often inquire about how to procure an official copy of one’s driving history.  This document will show all moving traffic violations for the past three years. Offenses of relevant concern include Driving Under the Influence of an Intoxicant, Driving on a Revoked Driver’s License or Driving on a Suspended Driver’s License. This report is particularly helpful if a client is unaware of the outstanding moving traffic violations or other unpaid citations that have resulted in the suspension ... Read More »