Two compelling interests must be weighed in analyzing sobriety checkpoints: the need to protect the public from impaired drivers, and a citizen’s Fourth Amendment right to be protected from unreasonable search and seizure.  Tennessee allows the use of such checkpoints, but only when operated under strict guidelines.  Although the crime of driving under the influence and its…

Can I be arrested for DUI if I’m not actually driving the car? Yes.  Under Tennessee DUI law it is a crime to drive or be in physical control of an automobile.  “Physical control” is not the same as drive.  It has a much broader definition.  Essentially, if the facts show that the vehicle was…

Being charged with drunk driving is a serious criminal matter. Defendants will be looking at mandatory jail time, fines, loss of license, and a permanent conviction on their record. Because of these consequences it is important to review the facts for any weaknesses in the state’s case. The following are some ways in which a…

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