Tag Archives: Tennessee

In some states, such as Florida, an individual can be charged with a DUI while riding a bicycle.  A local Tennessean experienced the consequences of biking under the influence while on vacation at the popular Sanibel Island in Florida according to The Charlotte Observer. Under Florida Statute 316.2065, bicycles have “…all of the rights and duties applicable to the driver of any vehicle under this chapter.” In Florida, intoxication for a DUI is measured the same for a bike as ... Read More »

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 »

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 »

There has been a lot of discussion both before and after the passage of President Biden’s Infrastructure Bill, but there has been little emphasis on the effect it will have on DUI/DWI/OWI cases.  In particular, the “Advanced Impaired Driving Technology” portion of the new law (Section 24220) directs automakers to install new technology designed to stop drivers from being able to start or continue to operate the vehicle if it detects they are impaired by alcohol. According to the legislation, ... 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 »

On March 15, 2021, Tennessee Senate Bill 0246 was unanimously passed.  If the accompanying House Bill passes as well, as it appears it will, the penalties for Boating Under the Influence of an intoxicant (BUI) will be more closely aligned with the Tennessee penalties for Driving Under the Influence of an intoxicant (DUI). Furthermore, this new law clarifies that the offenses of Vehicular Assault, Aggravated Vehicular Assault, Vehicular Homicide, and Aggravated Vehicular Homicide may be committed by a person boating ... 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 »

There is good news for those attempting to have their Tennessee drivers license reinstated. Many Tennessee driver’s license holders attempting to reinstate their driver’s license after a suspension or revocation,  find the reinstatement not only expensive, but also time consuming and inconvenient.  The Tennessee Department of Safety has now come to the rescue. On December 2, 2020, the Tennessee Department of Safety (TDOS) announced new online services available for those with suspended or revoked driver licenses.  Although not available for all drivers, ... 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 »