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Tag Archives: Tennessee

Don’t Do “Dewshine”

A tragically dangerous new concoction is being consumed by Tennesseans (and likely others) that can potentially lead to death. According to a recent USA Today article, there only four current cases (all originating out of Robertson County, Tennessee) involving teens consuming a newly created “death cocktail” as described by Donna Seger, medical director of the Tennessee Poison Center. The name given to this new poisonous cocktail is “Dewshine.” As the article details, “Dewshine” is a mixture of the well-known soft ... Read More »

Happy New Year and Buckle Up in Tennessee!

A recent amendment to a current Tennessee law will hurt offenders a little more in the wallet if they are convicted of driving without wearing a seatbelt in Tennessee. Tennessee Code Annotated § 55-9-603(a)(2) specifies the fines for driving without wearing a seatbelt in Tennessee. Since the law’s inception through 2015, a violation of this statute has been a Class C misdemeanor punishable by a $10.00 fine for the first violation, and a $20.00 fine for a subsequent violation. Payment ... Read More »

Tennessee Drunk Driving Prevention Campaign Cancelled Because of Impaired Judgment

Tennessee residents are familiar with the Governor’s Highway Safety’s Office (GHSO) ongoing campaign to deter drunk drivers. During the summer months, the GHSO has a reoccurring theme called “100 Days of Summer Heat Booze It and Lose It”. The main goal of this campaign is to prevent people from drinking and driving on Tennessee roads. Recently, the GHSO released a new campaign meant to target young males in Tennesseans bars and restaurants by printing coasters with an anti-drinking and driving ... Read More »

One Day Touching Your Car Will Detect Alcohol

A recent USA Today article discusses how technological advances have developed new passive alcohol sensors that may help prevent drunk driving (DUI or DWI).  Ignition Interlock Devices have been in general use around the country for years (requiring the driver to blow into the device before starting their vehicle in order to ensure their breath alcohol levels do not exceed the set limits) and are required for many drivers who have been convicted of a DUI or related offense in ... Read More »

Tennessee – Tough on DUIs!

A 2015 study conducted and released by Wallethub.com, a personal finance website, ranks the strictness and/or leniency of penalties relating to DUI convictions in each state and the District of Columbia.   Analysts for the company based their ranking system on several different factors including, but not limited to, mandatory minimum jail sentences and fines, administrative driver’s license suspension, length of time that an Ignition Interlock Device is required to be used by a DUI offender, and average monetary increase of ... Read More »

Third and Subsequent DUI Offenders Not Allowed To Purchase Alcohol?

Because the number of people receiving their third DUI (Driving Under the Influence) offense is growing (751 persons in 2014 and 900 expected in 2015), Tennessee lawmakers have devoted much time and effort toward reducing the number of people who violate Tennessee Driving Under the Influence laws for a third or subsequent time. One solution has come in the form of a new proposed law. Endorsed by both parties, this legislative bill would ban people convicted of a third or ... Read More »

Providing Information at a Tennessee DUI Roadblock or Sobriety Checkpoint

At a typical sobriety checkpoint trying to identify drivers under the influence of alcohol and/or drugs, motorists are forced to stop their vehicle, roll down their window, and usually provide certain documentation to an officer.  The documentation generally includes a valid driver’s license, proof of registration and proof of financial responsibility (liability insurance). While the driver is gathering these documents, the officer may also ask questions about what the driver may or may not have been doing before reaching the ... Read More »

TEXTING VS. DRINKING WHILE DRIVING: LOL OR SOL?

  On November 8, 2014, University of Oregon linebacker Joe Walker returned a fumble one hundred (100) yards against the University of Utah for a touchdown.[1] Both football fans and the National Highway Traffic Safety Administration (NHTSA) agree—this is a long distance. A NHTSA report states that “sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds, the equivalent—when traveling at 55 mph—of driving the length of an entire football field while ... Read More »

Tennessee v. Kennedy & Tennessee v. Wells – Blood Draws and the Fourth Amendment

Two Tennessee cases were recently decided concerning the constitutionality of mandatory blood draws of those accused of driving under the influence (DUI). This legal issue is highlighted in Tennessee Court of Criminal Appeals cases, State v. Kennedy[1] and State v. Wells.[2] Both cases discuss at length the constitutionality of the Implied Consent statute, Tennessee Code Annotated (T.C.A) § 55-10-406(f)(2) in relation to Fourth Amendment rights against unreasonable searches and seizures. Generally, T.C.A. § 55-10-406(a) provides that “[a]ny person who drives ... Read More »