The law would require a blood test from any suspected drunk driver who has prior DUI convictions or who is found driving with a juvenile in the car. This blood draw would be taken whether or not the suspect refuses and no matter what their opinion on the matter is.

Of course the law passed because “we’re tired of drunk drivers killing people,” according to one District Attorney. Steve Bebb goes on to say, “We don’t know if it will stand up or if it’s constitutional, but we’ll test it.” Interesting that a District Attorney would support a law that he doesn’t even know for sure is constitutional.

Currently, if you are pulled over you can refuse a breath or blood test. But because of the implied consent law, you will lose your driving privileges for this refusal. The powers that be believe chronic DUI offenders are using this to their advantage because they “don’t care” whether or not they have a license.

In 2009 police began forced blood draws in DUI cases involving vehicular assault or vehicular homicide. As of yet, the constitutionality of this law has not been formally challenged in the courts.

The reason the constitutionality of these forcible blood draws is in question is because of their potential violation of the 4^th Amendment, protecting against unreasonable searches and seizures.

A Knoxville based defense lawyer says, “Any time government is allowed to commit a seizure of your body and withdraw evidence prior to being arrested for a crime opens the door for a lot of issues.” The Legislative Chair for the Tennessee Association of Criminal Defense sees many potential constitutional problems with the legislation but admits it won’t be challenged until it’s passed and being practiced.

Governor Haslam is expected to sign this legislation that would only affect those with prior DUI convictions. Whether you are arrested before it goes into effects next year or if you become one of the first to have their blood forcibly drawn, you will want an advocate on your side when it comes time to go to court.

Contact us today to discuss your DUI case and how the new law might affect you.

According to the Tennessean, this upswing in drugged driving could potentially lead to more targeted drugged driving laws and even better detection methods and harsher penalties.

In Tennessee it is illegal to drive under the influence of illegal drugs and also to drive when impaired by legal drugs like those you have a prescription for. The problem for law enforcement largely comes in identifying when someone is under the influence. There’s no roadside drug test like the breathalyzer for alcohol.

Although it may be obvious if someone is high on LSD or some major behavior-altering drug, prescription drug intoxication isn’t always that obvious. Things like hindered reaction times and poor coordination are far more subtle to detect than someone who is hallucinating.

With only 80 drug recognition experts statewide, law enforcement feels at a significant disadvantage when it comes to detecting drugged driving and therefore enforcing the laws.

Their report states that auto accidents involving drugs have doubled since 2003. More than likely, many of these were due to the abuse of prescription drugs. In 2005 a study analyzed 200 consecutive DUI cases sent to the state Bureau of Investigation. 77.5% of these cases involved a positive toxicology test for drugs.

So, what’s the solution? Well, training more officers to recognize the subtle signs of drugged driving is crucial but some are advocating road side drug tests and making drug and breath test refusals harder to refuse.

Interestingly, in the entire three page report from the Tennessean, rehabilitation and treatment are not mentioned. Not once. It seems obvious to me, however, if someone is addicted or even has a slight problem with drugs, treatment would be an appropriate response to help curb repeat offenders.

“Harsher penalties” typically means longer jail sentences and license suspensions—two things that have been shown to have little to no effect on DUI recidivism. While the intentions may be good (to keep the roadways safe), the solutions of the status quo are played out and entirely off the mark.

If you are facing charges of drunk driving or drugged driving, you need to speak with an attorney who understands what you are up against. Together we can work to get you the best possible results on your day in court. Contact our attorneys today for a free consultation.

Senator Bob Corker of Tennessee is one of the co-sponsors of a bill to add $60 million in funding to develop these Driver Alcohol Detection System for Safety (DADSS) systems.

But there are many serious questions about how such a system would operate, and how the government would use and control this data, as this editorial in the Tennessean suggests.

The threshold settings for warnings or violation would very likely be lower than the national blood alcohol limit of .08% BAC. But then, what does it mean if your car stops you from driving because it decides you may have had a glass or two of wine? Who is notified, and what action is taken if you are accused of driving with a legal level of alcohol of .06%, or even .o4 or .02%, the equivalent of a single drink for most people?

And of course, there are huge questions about what recourse a person might have for disputing false positives.

What is the required standard of evidence when a computer malfunction in your own car, with no one else around, can get you charged with a DUI?

Everyone agrees that drunk driving is a problem. But treating every driver as a suspect at all times is a dangerous precedent, and is a distraction from the serious business of preventing dangerous and chronic alcoholics from driving drunk.

UPDATE: Senator Corker responds to the original editorial, suggests it would be implemented on a voluntary basis.

As the stands, if you refuse to take a breath test, you can still be convicted of DUI, but your penalties for what is known as a “refusal conviction” are typically less strict. According to this report from My Fox Memphis, there is a 73% refusal rate in areas of the state where there are special DUI prosecutors.

Understandably, MADD and other advocates of such Ignition Interlock legislation want the roads to be safer. They want to prevent drunk driving deaths. But, despite the allegations from this Fox report that IID’s reduce drunk driving deaths, their actual impact varies across the country.

An ignition interlock device is a machine that is installed in your vehicle (at your expense). It requires the owner of the vehicle to take a breath test before being able to start the engine. These machines are often wrought with mechanical problems and misreads.

Under the current laws, a DUI conviction carries plenty of repercussions as it is. Even if it’s your first conviction, you can face up to a year in jail, 1 year driver’s license revocation, fines reaching $1500, drug/alcohol assessments, and community service.

As your prior convictions mount, so do the potential penalties. If this is your third offense, you will likely face a minimum of 120 days in jail.

When up against DUI charges and a prosecutor that wants drunk drivers off the road, you need an experienced DUI defense attorney. Contact our offices today for a consultation and some free legal advice.

This ruling comes days after US Supreme Court Chief Justice John Roberts commented that a Virginia court decision that came to the opposite conclusion should be ruled upon by that court. However, the full court declined to hear the case, letting the Virginia case disallowing anonymous tips stand.

According to the ruling,  the Tennessee court decided that the anonymous tip was indicative of a significant threat to public safety that immediate intervention by law enforcement is legitimate. Alerting the police to reckless driving that could be indicative of DUI is a a compelling state interest.

Almost all states allow anonymous tips as a legitimate reason for police intervention on the roads, with the exception of Virginia, noted above, Massachusetts, Connecticut and Wyoming.

What is left unstated is why it is such a burden to either require a caller to identify themselves, or actually have the police witness some traffic infraction or illegal driving behavior before stopping someone. If the threat that immediate that the police don’t have time to observe the car on the road? If the follow the car and don’t see any dangerous behavior for 5 or 10 minutes, what exactly is the danger?

Anonymous tips can be a dangerous crutch for police intervention in any situation they feel like it. That seems like a potentially dangerous risk to our civil liberties.

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Via Nashville Post Politics

According to News Channel 5, last year Nashville Metro Police arrested 5,328 DUI suspects which is nearly a 70% increase since 2004. As the arrests grow, DUI fatalities decrease, proving, the police say, the effectiveness of keeping DUI arrests at the forefront of their objectives.

Oftentimes these DUI cases can take months or even years to make it in front of a judge. These cases are relatively minor and may get bumped or rescheduled to make room for more serious criminal cases. Occasionally, someone waiting on their day in court will get arrested again before they have a chance to get the first case heard.

While many courts across the country think of innovative ways to stay on top of the backlog, two judges in Davidson County volunteered last year to only hear DUI cases. This helped and the same will happen again this year. Also, in an effort to keep the DUI cases flowing smoothly, there will be a DUI docket.

Are all of these people awaiting court dates guilty of their DUI charges? Probably not. DUI is an often overused charge and is occasionally applied in cases where the driver isn’t legally intoxicated. This is where the help of an experienced defense attorney comes in.

From having defended many DUI cases in the Tennessee court system, we know the factors that can influence your arrest and have a positive outcome on your case. We know what to look for and how to formulate a DUI defense strategy.

If you are facing charges of DUI in Tennessee, call us today so we can discuss your case.