What You Need To Know About Driving Under The Influence Of Prescription Drugs In Tennessee

In Tennessee, impaired driving is not only limited to driving under the influence of alcohol, driving while under the influence some prescription medications or a combination of prescription drugs and alcohol can all lead to a Tennessee DUI charge. The Substance Abuse and Mental Health Science Administration, a federal agency tasked with reducing the impact of substance abuse in America, released findings revealing that approximately 10 million Americans drive while under the influence of prescription drugs. This survey fleshes out the notion that a significant number of people don't … [Read more...]

When Are DUI Test Results Inadmissible?

In 1992, the Tennessee Supreme Court ruled in State v. Sensing that six elements must be proved before the admission of a breath alcohol test if a person is suspected of driving under the influence of alcohol. One of those requirements is that the State prove that the motorist was observed by the investigating police officer for twenty minutes prior to the test. During the twenty-minute period, the motorist suspected of DUI must not have any foreign matter in his or her mouth, must not consume any alcoholic beverage, must not smoke and must not belch, burp, hiccup or regurgitate. Generally, … [Read more...]

Tips On Avoiding A DUI During The Holiday Season

There aren't many things that would put more of a damper on the holiday season than getting arrested for DUI. It's important that we remind ourselves  to plan ahead before attending events where alcohol will be served. The following are a few helpful tips to help you avoid a holiday DUI Get a designated driver. The best option is to always choose a designated driver that is not going to drink any alcohol. If you are attending the event with your spouse or roommate a sober driver should be no problem. However, if that’s not an option, you can always think about carpooling with some … [Read more...]

Supreme Court Decision Requires Search Warrant For DUI Blood Test

People charged with DUI or DWI in Tennessee had their rights expanded, as of last year, and therefore may have a new approach to their defense. In April 2013 The United States Supreme Court ruled that in drunk driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify law enforcement conducting a blood test without a search warrant. The bottom line of the Court’s decision in Missouri v. McNeely was that every case will be judged on its own facts, so the investigating police officer can never know whether … [Read more...]

11 Legal Situations Which Could Affect Your TN Carry Permit

Much like a drivers license, a handgun carry permit in Tennessee is not a right, but a privilege which can be taken away, or not granted at all, to individuals in certain situations. The following list are a few situations which individuals should be aware of when resolving a criminal case in Tennessee and how that cases resolution could affect their ability to either obtain a carry permit, or could result in the suspension or revocation of their carry permit in Tennessee. Please note that this list is not all inclusive, but does address most of the situations which could affect a person … [Read more...]

TN DUI Law Requiring Mandatory Blood Draws Ruled Unconstitutional

Tennessee law previously required certain individuals upon arrest to submit to a mandatory blood draw for BAC testing. Earlier this year the United State Supreme Court held that any mandatory blood draw without a warrant was a violation of the Fourth Amendment. The result being that all blood draws without consent require a search warrant. Each jurisdiction in Tennessee is handling the new ruling different. Some have considered allowing officers to send an emailed statement to a magistrate or judge at any time and obtaining the warrant electronically. Others are going immediately to a … [Read more...]

MNPD Media Release – Nashville DUI Checkpoint on Friday, August 17, 2012

Officers from the police department’s DUI Unit will be joined by troopers from the Tennessee Highway Patrol in staffing a sobriety checkpoint Friday night, August 17, into the early morning hours of Saturday, August 18, on West End Avenue east of I-440. So far this year, 22% of all fatal crashes in Nashville (9 of 41) have involved impaired drivers.  Blood alcohol test results are pending in more recent traffic fatality cases. … [Read more...]

NASHVILLE DUI CHARGES INCREASE OVER MEMORIAL DAY WEEKEND

Over the Memorial holiday weekend, Metro Nashville Police Department, the Tennessee highway patrol and other local law enforcement agencies intend on setting up checkpoints around frequently traveled areas each evening over the weekend. Examples of common DUI checkpoints in Nashville typically include checkpoints along West End Avenue, Hillsboro Road, and Broadway. This weekend has historically proven itself to be one of the deadliest weekends throughout the year, with more fatal car accidents than any other holiday. Nearly 50% of all traffic related fatalities involve alcohol as a … [Read more...]

What happens when I go to court in Tennessee?

For those who have been arrested or received criminal citations for the first time, going to court can be a scary thought. Simply not knowing what will happen or understanding how the courts work will cause you stress. What happens after I am arrested/receive a citation for a criminal offense in Tennessee? After receiving a citation or being arrested for a criminal offense, you will be booked. When booked, the arresting agency will gather information about you, including your birthdate, home address and will take you photographs and fingerprints. If you are arrested, the booking process … [Read more...]

Scientists and legal scholars study ‘moral luck’

What can the structure of the human brain teach us about criminal law? Psychologist Fiery Cushman asks us to consider the following. Hal and Peter drink together in a bar. After becoming intoxicated from consuming identical amounts of alcohol, they drive separate cars home. Each man loses control of their car on an icy road. Hal’s car runs into a tree. Peter’s car hits a little girl and kills her. Hal will face some driving-related sanctions. Peter, on the other hand, has committed a homicide and will probably serve some time in prison. Why should two accidental outcomes of identical … [Read more...]

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