Tag Archives: steven oberman

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 »

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 »

The National Institute on Alcohol Abuse and Alcoholism released a report in April 2020 discussing the findings of a 2018 survey of per capita alcohol (ethanol) consumption in the United States. The proportion of ethanol used for each beverage type were 0.045 for beer, 0.129 for wine, and 0.411 for spirits.  (citation omitted) The report reveals consumption trends through 2018, including: Per capita consumption of ethanol from all alcoholic beverages combined in 2018 was 2.35 gallons, representing no change from ... Read More »

The question that should arise when dealing with “extreme DUIs” is, what is an extreme DUI?  Generally speaking, the term extreme DUI is a colloquialism referring to a case where the defendant charged with driving under the influence of an intoxicant faces increased punishment due to a blood or breath alcohol level in excess of a certain amount; a blood alcohol level in combination with a controlled substance; or violating this law with multiple controlled substances in their bloodstream. The ... Read More »

Were you aware that a conviction for Boating Under the Influence (BUI) may result in the loss of your driver’s license on land?  It can—in some states, just like Driving Under the Influence (DUI). According to Fox News,  in 2020, thirteen states have laws that revoke a person’s driver’s license if they are convicted of Boating Under the Influence.  The United States Coast Guard maintains a chart indicating whether a BUI conviction impacts and offenders automobile driving privileges in their ... 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 »

Have you ever wondered whether a police officer needs to request a search warrant when attempting to obtain a blood sample from an unconscious suspected drunk driver?  The United States Supreme Court recently answered that question.  The Court agreed that there is no question that our Fourth Amendment constitutional right against unreasonable searches and seizures applies when blood is taken from the body of a person suspected of driving under the influence (DUI, DWI, or OUI). However, the Court was ... Read More »

Tennessee Governor Lee has signed into law an amendment repealing the Tennessee Motor Vehicle Habitual Offender Law (Tennessee Code Annotated 55-10-601, et seq.), more commonly known as the Tennessee Habitual Motor Vehicle Offender Law (HMVO).  Previously, those who qualified as habitual offenders were required to have their driver’s license revoked without any opportunity to drive on a restricted license. This meant that those who were declared habitual offenders were not allowed to drive at all for at least 3 years.  ... Read More »

The Portsmouth, Virginia CBS affiliate television station, WAVY, has reported that ignition interlock devices may be the cause of injures and death on the roadways.  Not only are false positives a problem for those using the devices, but distractions from the alerts and blowing into the devices while driving have caused crashes. According to the news report posted May 16, 2019, the Virginia Department of Motor Vehicles indicates that the number of crashes due to the device has gone up ... Read More »

Alcohol that makes you feel drunk without a hangover may be available within five years. Today’s generation has become more health conscious than generations before, causing a decline in alcohol sales in many countries. Therefore, the market for a healthier alcohol alternative is on the rise. This market interest in a healthier alcohol alternative has caught the attention of Scientist David Nutt. Nutt is a professor from England, famous for his research on how psychedelics affect the brain.  His latest ... Read More »