Most drunk driving charges start when someone is pulled over by the police, after police witness some kind of driving infraction like speeding, swerving or not wearing a seat belt. From there police develop probable cause that the driver is under the influence. Sometimes, however, it starts because of an accident. It could be a…

If you’ve been arrested for a DUI in Germantown, TN or in the Memphis area, you’re probably worried about what this means to your future.  You’re right to be concerned, because DUI convictions in Tennessee carry significant penalties.  A first offense DUI conviction requires a minimum of 48 hours in jail, and in some cases…

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…

A vehicle search, just like any other search conducted by the government, is subject to the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures and may include searches performed without a warrant. However, because vehicles are mobile, unlike homes, and because an individual’s expectation of privacy is less in a vehicle,…

Under Tennessee law, a conviction for Driving Under the Influence (DUI) can carry many penalties. A first offense Tennessee DUI, for example, will carry a minimum 48 hours in jail, but a second offense conviction carries a minimum 45 days in jail. The type and severity of penalty will depend on the facts of the…

A criminal conviction in the state of Tennessee can have serious consequences. Under Tennessee law, for instance, misdemeanors are punishable up to 11 months and 29 days in jail, and the minimum punishment for a felony is one year. Punishment and sentencing for Tennessee crimes are set out in Titles 39 and 40 of the…

If you have been arrested or been issued a misdemeanor citation in Memphis, Tennessee, one of the first things you’re going to have to do is hire a lawyer. This can be a daunting task if you don’t know one, and especially so if this is your first run-in with the law. You’re probably confused…

Tennessee’s DUI laws carry many different penalties. One such penalty is the ignition interlock device. The ignition interlock device is a device that connects a motor vehicle’s ignition system to a breath alcohol analyzer and prevents the motor vehicle from starting if the driver’s blood alcohol level exceeds the calibrated setting. Currently under Tennessee law,…

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