2012 Saw Major Changes to Tennessee DUI Laws

In 2012, the Tennessee legislature made major changes to the state's drunk driving laws.

2012-12-01

December 01, 2012 (Press-News.org) In Tennessee, drunk driving is treated as serious crime. DUI offenses have always been punished strictly, but over the last year the state's drunk driving laws have gotten even tougher. During the 2012 session, state legislators passed a number of bills aimed at strengthening the penalties for people suspected of driving under the influence of alcohol.

Changes to implied consent laws

The biggest change concerned the state's implied consent law. Under that law, drivers who are arrested on suspicion of drunk driving can, in some circumstances, refuse to take a breath or blood alcohol test. In exchange, they will temporarily lose their driving privileges, even if they are ultimately found not guilty of DUI.

The new law clarifies that drivers cannot refuse a blood or breath test in cases where the law enforcement officer has secured a valid search warrant. In addition, it allows warrantless breath and blood tests to be conducted -- despite the driver's refusal --in cases where the driver has been involved in an accident causing injury or death and there is probable cause to believe that the driver is under the influence of drugs or alcohol.

Other DUI law changes

Legislators also expanded the state's ignition interlock law. Ignition interlocks are devices -- essentially mini-breathalyzers -- that are installed in a vehicle to prevent it from being operated while the driver is under the influence. The new law allows judges to order interlock use for any person with a restricted license.

In addition, there is a new law strengthening the penalties for repeat DUI offenders who endanger a child in their vehicle by driving while intoxicated. Under the new law, repeat offenders who are convicted of DUI with a child under age 18 in the vehicle will be subject to an enhanced 30-day penalty. Because of confusion in the law, this penalty had previously only been applied to first-time offenders.

Finally, legislators passed a law that clarifies the rules regarding driving under the influence of prescription drugs. Under that law, a driver can be convicted of DUI in cases where the driver was under the influence of a legally-prescribed drug.

Defending Tennessee DUI charges

These new laws strengthen already strict regulations regarding intoxicated driving in Tennessee. Indeed, even a first offense -- without any aggravating factors like an accident or a child in the vehicle -- can have significant and life-altering consequences.

If you have been charged with DUI in Tennessee, it is important that you take the allegations seriously. Talk to an experienced criminal defense attorney who can help you protect your rights and your future.

Article provided by Brent Horst, Attorney at Law & Associates
Visit us at www.brenthorstlaw.com

ELSE PRESS RELEASES FROM THIS DATE:

Drug-Detecting Dogs at Center of Two U.S. Supreme Court Cases

2012-12-01

When a person is accused of a crime, it can often be a time of great confusion. Sometimes the individual has never had any interaction with law enforcement before the arrest, and may feel that they can talk their way out of trouble. This almost never happens, as police have conducted very extensive investigations before making an arrest. Certain crimes, especially drug crimes, often receive more attention from investigators. Officers may receive tips from confidential informants or may discover evidence of wrongdoing from others who are arrested. Police can use this ...

What to Do After a Car Accident

2012-12-01

When you are heading out for a drive, the last thing you expect is to be in a car accident. Many people have never been in a car accident and have no idea what they should do or what happens next. It can be difficult to stay calm immediately after an accident, as it can be difficult to stay calm immediately after an accident because your body gets flooded with adrenaline immediately upon impact. Compound the shock of the accident with the activity going on at the scene and it is easy to understand how you would become overwhelmed. Here are some helpful tips that explain ...

Police Receiving Additional DUI Detection Training in South Carolina

2012-12-01

Drunk driving is one crime that often receives significant attention from both legislators and law enforcement. Legislators propose new rules that impose harsh penalties for those convicted, and law enforcement is aggressive in its effort to take drunk drivers off of local roadways. In South Carolina, police in some communities received additional training on some new issues that are beginning to show up more frequently during DUI stops. As part of their investigation, officers may ask motorists if they have been drinking before they were pulled over, or if they have ...

South Florida Sees Uptick in Non-Motorist Accident Fatalities

2012-12-01

A rash of recent pedestrian and bicyclist accidents in South Florida has resulted in more deaths added to the state's already high non-motorist fatality rate. In the past few months alone, at least four people have been struck by vehicles and killed in the Manatee county metropolitan area, something that has bicycle/pedestrian advocacy spokesmen like Mike Lasche, executive director of Bicycle/Pedestrian Advocates and Florida Walks & Bikes, frustrated. Florida has one of the highest bicycle and pedestrian accident fatality rates in the nation, due in no small part ...

Six Countries Publish Model FATCA Agreement

2012-12-01

The United States Department of the Treasury recently partnered with five other countries to publish a model intergovernmental agreement to implement provisions of the Foreign Account Tax Compliance Act (FATCA). FATCA is a federal law that contains provisions to enforce tax compliance among holders of foreign accounts and assets. France, Germany, Italy, Spain and the United Kingdom joined with the United States to build an agreement that would help all countries join together to fight tax evasion while creating minimal burdens for countries trying to comply. All six ...

Cerebral Palsy and Other Birth Injuries

2012-12-01

According to the Lucile Packard Children's Hospital at Stanford University, birth injury, sometimes called birth trauma, is a physical injury that can result during delivery. Often birth injuries can be quite complicated and can require prompt action to prevent problems from becoming more severe. Some birth injuries are temporary and heal without lasting impact, while others are permanent and have significant, long-term effects on the lives of the child and his or her parents. Some birth injuries are unavoidable medical conditions for which no one is at fault, while ...

City of Cincinnati's Residency Requirement for Employees Struck Down City's Appeal Denied by Ohio Supreme Court

2012-12-01

The Supreme Court of Ohio today denied the City of Cincinnati's request to review an appellate court's decision invalidating a city ordinance that required all Cincinnati employees to live within Ohio. As a result, the appellate court's decision voiding the City's residency requirement will stand, and the City may no longer enforce its residency requirement. The practical effect of this decision is that Cincinnati employees, previously restricted to living in Ohio by the City's ordinance, may now live in Kentucky and Indiana without fear of dismissal from their positions. The ...

Mesothelioma Trial Lawyer Jeffrey A. Kaiser Selected as a Northern California Super Lawyer

2012-12-01

San Francisco trial attorney Jeffrey A. Kaiser was recently selected as a 2012 Northern California Super Lawyer. This is the seventh year that Mr. Kaiser has received this honor for his successful legal practice and continued service to the San Francisco Bay Area community. Super Lawyers is the pre-eminent legal rating service for the nation's top legal professionals. Attorneys who are selected to the Super Lawyers list have attained a high degree of professional achievement and peer recognition. The vigorous Super Lawyer selection process involves multiple phases of ...

Mass Tort Attorney Lawrence J. Gornick Selected as a 2012 Northern California Super Lawyer

2012-12-01

San Francisco trial attorney Lawrence J. Gornick was recently selected as a 2012 Northern California Super Lawyer. This is one of many recognitions and awards Mr. Gornick has earned over the years through his extensive leadership in complex multidistrict litigation. Super Lawyers is the leading rating service of the top lawyers in the country. Its multistep selection process is rigorous and includes peer reviews, peer evaluations and extensive independent research. Attorneys who are selected as Super Lawyers have not only obtained substantial success inside the courtroom, ...

A Look at Right to Work Through the Eyes of the Mackinac Center

2012-12-01

When I was requested to participate in a program involving Right to Work I understood that the Mackinac Center would also be participating. It was in contemplation of their participation that I prepared this paper. It is now my understanding that I am to be joined by Paul Kersey, formerly of the Center and now with the Illinois Policy Institute, ideologically a kissing cousin of the Center. My observations about the Center hold true for the Institute and the Institute's spokesperson today. I intend to show that Right to Work is not a concept that exists in a vacuum. ...

LAST 30 PRESS RELEASES:

Weight loss drugs don’t increase the risk of pancreatitis or adverse cardiac events in patients with high triglycerides

Major international study confirms that beta-blockers are no longer needed in post-infarction patients with normal heart function

Targeted vitamin D3 supplementation cuts risk of heart attack patients having a second heart attack in half, new intermountain health study finds

Any form of hypertension during pregnancy significantly increases postpartum cardiovascular risk including death, new study finds

Opening all blocked arteries with stents reduces risk of death from cardiovascular causes compared with opening only the culprit artery in heart attack patients