You may be familiar with Tennessee’s implied consent law. This states that anyone who drives on public roads has given implied consent to submit to a test for blood alcohol content, when the police have probable cause to believe he or she is intoxicated. If you refuse to submit to the test, you face a…
Blood testing is becoming more and more common in Tennessee DUI cases. But recently, the U.S. Supreme Court held that in order to take a sample of a driver’s blood to determine the alcohol content, the police may have to get a warrant. In this case, Missouri v. McNeely (PDF), the court ruled that the…
If you have been charged with DUI in Tennessee based on the result of a breathalyzer test, understand that in order for that result to get admitted and used to convict you the state must meet certain requirements. Just because the machine produced a number saying you were legally intoxicated doesn’t mean you’re guilty. The…
Commercial drivers are held to a much higher standard than non-commercial (or regular) drivers. In Tennessee, a commercial driver’s license (CDL) holder who is convicted of DUI will lose his CDL for one year. This is the case even if the driver was not driving a commercial vehicle at the time of the offense, but…
In a recent decision, the Tennessee Supreme Court dismissed a DUI case because the state failed to preserve the video of the traffic stop. Most patrol cars have video and audio recording equipment to record traffic stops. Having a recording of the traffic stop can be crucial evidence in any subsequent criminal or civil investigations….
Why were you pulled over? That’s one of the first questions I ask a potential new client. It’s so important because everything that happens afterward – interaction with law enforcement, field sobriety tests, arrest, breath or blood sample–comes from the traffic stop. It’s important to know and analyze why you were pulled over because there…
The town of Somerville, TN handles drunk driving cases for all of Fayette County. If you have been charged with this offense you’ll have to go to court at the courthouse there in Somerville. Except for certain types of traffic tickets, all Fayette County criminal matters are heard in Somerville. You may first want to…
If you’ve been charged with DUI in Memphis or the surrounding area because of a failed breath test, you have basically two options: One, accept what the police are telling you is true (that you’re guilty) and plead guilty. Or two, don’t accept it and fight the case. This article is for people choosing option…
This is a common question for people who either have a DUI on their record or are facing one. The answer depends on how the case is disposed. If you are convicted of DUI in Tennessee, you cannot get it off your record, period. This is mandated under state law. That means it’s on there…
Being declared an habitual motor vehicle offender in Tennessee is a serious matter with lasting consequences. It means you lose your license and could face jail time. Habitual Motor Vehicle Offender (HMVO) laws are civil and not criminal because it’s based on the principle that driving in Tennessee (as in every state) is a privilege…
