Nashville DUI Lawyers Explain the Constitutionality of DUI Checkpoints

Even to non-lawyers, DUI checkpoints appear to be a blatant violation of our 4th Amendment rights. It is a stop without probable cause, so why is it permitted? How is it not a violation of our constitutional rights? The reality is that it IS a violation of the 4th Amendment, but some violations are permitted under the appropriate circumstances. Here’s why… The facts surrounding the case that answered this question began in the mid 1980’s in Michigan. The State police set up a check-point. Citizens filed suit (Michigan v. Sitz) seeking an order precluding the state police from using DUI … [Read more...]

Nashville DUI Lawyer’s Random Fact

The ‘breathalyzer’ is actually the brand name of the breath analyzer products originally developed and sold by…Smith and Wesson…the largest manufacturer of handguns in the United States.   … [Read more...]

Nashville DUI Lawyers Explain: DUI Checkpoints on New Years Eve

New Years Eve is undoubtedly is the busiest time of the year for Nashville DUI officers and the month of January becomes the busiest month for DUI lawyers in Nashville. Check points will be set up throughout the city of Nashville, beginning around 6 pm and ending around 4 am Saturday morning. In Franklin,'Operation DUI Blitz' will be in effect with additional officers patrolling and at least one known DUI checkpoint in Franklin between Cool Springs Blvd and Baker's Bridge along Carothers. Inevitably, many will choose to drink too much and then get behind the wheel. If you find yourself … [Read more...]

Nashville DUI Lawyers Explain: Uniqueness of DUI Charges in Tennessee

Driving under the influence (or DUI) is one of the few crimes in Tennessee which is often committed by ‘non-criminals’, meaning they are individuals who do not have a criminal history at all or have little criminal history. These citizens often have no tendency to commit violent crimes and the crime is just as likely to be committed by a member of any socio-economic faction.  Aside from a traffic citation, DUI is perhaps the one crime that even upstanding members of society may commit and because of that, it’s perception as to its degree of seriousness is undermined. The consequences of … [Read more...]

Six Things to Look for When Hiring a Criminal or DUI Lawyer in Nashville

1. A Lawyer who has Experience Defending Criminal Cases and DUI’s in Nashville. The law may be the same, but each court will be different with its procedures, likes and dislikes. No amount of education can substitute for experience. The best criminal defense or DUI lawyers will be familiar with the procedures of each court and know the judges and prosecutors tendencies to do things in a particular manner. With a former Metropolitan – Nashville and Davidson County prosecuting attorney on staff, our Nashville criminal and DUI defense lawyers have years of experience handling thousands of … [Read more...]

New DUI Law Would Lower Legal Limit in Texas to .05

From Your Nashville Attorney: That’s right, .05. Texas lawmakers have proposed new legislature which would make it a criminal offense to operate a motor vehicle with a blood alcohol level of between .05 and .07. The new law, a DWAI or Driving While Ability Impaired, which will be up for debate during January 2011 legislative session, has the support of the Austin Police Chief as well as Mothers against Drunk Driving (MADD). Based on an examination of blood alcohol charts, it would take anyone who weighs less than 140 lbs approximately two drinks in the course of an hour to reach .05 and … [Read more...]

Can I be convicted of a DUI in Nashville even if I haven’t been drinking?

Yes. DUI is an acronym for driving under the influence which includes intoxicants other than just alcohol. In Tennessee, if a police officer has probable cause to believe a driver is under the influence of alcohol or drugs, the driver may be placed under arrest and charged with a DUI offense. As with all criminal charges, they must be proven beyond a reasonable doubt and the lack of some objective test (such as blood or breach tests) creates an additional hurdle for prosecutors. If you have been charged with a DUI in the Nashville or Middle Tennessee area, consult with a former Davidson … [Read more...]

Different Types of Bond in Tennessee

Different Types of Bond in Tennessee: Cash Bond (Is returned provided you show for all required court appearances) Property Bond (The property must be equal to 1.5 times the amount of bond set) Surety (Through a bail bondsman and requires ten percent of the bail by the individual who has been charged) Release on Recognizance (The court determines the individual charged is not likely to flee and no bond is necessary) In Tennessee, if the bond set exceeds $75,000.00 and the individual charged has the ability to post the bond, he must also show the court how he was able to pay the … [Read more...]

What Does a DUI Mean in Nashville?

How is a DUI charge defined under Tennessee law? Tennessee Code Annotated § 55-10-401 provides: Driving under the influence of intoxicant, drug or drug producing stimulant prohibited — Alcohol concentration in blood or breath. — (a)  It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at … [Read more...]

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