Category: DUI/Drunk Driving Charges
Commercial driver DUI: what you need to know
Many people don’t realize that there are actually different standards for drunk driving for those with a commercial driver’s license and those with a standard license. While a standard driver commits the offense of DUI when his or her blood alcohol concentration is .08% or above, a commercial driver commits an offense of DUI if
The limitations of field sobriety tests
Many of us have seen, either in person or through a media representation, someone performing a field sobriety test (FST). There are a wide range of standardized and non-standardized tests used by law enforcement agencies across the country. Some FSTs try to evaluate a potential defendant’s mental state, while others assess physical reactions. Common mental/thought
How does Tennessee treat “open containers”?
The 1998 Transportation Equity Act for the 21st Century (TEA-21) is a federal law to reduce the amount of in-vehicle alcohol consumption. As a result of TEA-21, over 40 jurisdictions now have open container laws that extend to both drivers and passengers. In those areas, no vehicle occupant can have access to an open bottle, can,
What does it mean to be “in control” of your vehicle?
One of the elements the prosecution must prove to get a DUI conviction is that you were “in control” of the vehicle at the time of the alleged offense. Though the exact definition of what it means to be “in control” varies from jurisdiction to jurisdiction, it is important for you to know that this
DUI charges and types of vehicles
When most of us hear about a DUI arrest, we assume the vehicle in question was a car, truck or motorcycle. We may have a mental picture of someone pulled over at the side of the road, perhaps being subjected to field sobriety tests or a breathalyzer. But for purposes of DUI law in Tennessee,
Getting a restricted license in Tennessee: 5 things to know
If you get a DUI conviction in Tennessee, your driver’s license will be revoked or suspended for a specific period of time. The revocation period is one year for a first offense and two years for a second offense. Under the implied consent law, your license can even be revoked if you refused to submit
Highway sobriety roadblocks: When are they allowed?
In some parts of Tennessee, authorities used so-called sobriety checkpoints over the holiday weekend preceding the Fourth of July. “Sobriety checkpoint” is another way of saying mandatory roadblock. It’s a tactic whereby police stop multiple cars going through certain intersections, based on a sequence such as stopping every other car. Police do this even if
Drugged driving, part 2: Studies underway on roadside tools to test for drugs
The risk of being falsely accused of drugged driving is a real concern because objective standards are lacking in how law enforcement officers try to detect impaired driving. To be sure, in Tennessee and other states certain officers do receive additional training in drug detection. As we noted in the first part of this post,
Drugged driving, part 1: Still no standard test available
The .08 percent threshold for blood alcohol content (BAC) for a DUI charge is widely known. It’s been in place for over a decade in every state and is based on a chemical test with a specific number. Tests for BAC can have serious problems, such as failure to calibrate a breathalyzer properly, contamination of
5 FAQs on blood alcohol content and gender differences
Men and women respond differently to alcohol. This isn’t only a cultural difference; it is a subject for scientific research. In this post, we will address some common questions about how gender differences affect the possibility for DUI. Is it really true that women tend to become intoxicated more quickly than men? Yes. In part,