Category Archives:DUI

May 19, 2016 DUI
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Recent TN Supreme Court Cases Could Impact Police Justification for DUI Stops

Tennessee police officers and state troopers have a duty to keep state roads safe by stopping vehicles when they suspect drivers are under the influence of alcohol.

In 2000, State v. Binette, a TN Supreme Court Case, ruled that police officers may “initiate a brief, investigatory traffic stop” if they suspect that a driver is committing a criminal offense or is about to commit a criminal offense. However, that case also ruled that minor driving errors, like slight weaving in a lane of travel, should not constitute a valid reason for a police officer to stop a motorist. This has been a very important case in DUI defense and our firm has used this case on numerous occasions to suppress evidence and win cases.

State v. Linzey Danielle Smith and State v. William Whitlow Davis, Jr.

Two recent cases heard by the state’s Supreme Court could challenge that ruling and change the driving behaviors and errors necessary for police officers to pull over drivers and conduct sobriety tests.

  • State v. Linzey Danielle Smith
    Linzey Smith was traveling north on Interstate 65 in Williamson County at 3 a.m. on Dec. 6, 2012, when a police officer saw his vehicle’s right tires twice touch and once cross over the right fog line of the roadway. After following Smith’s vehicle for some distance, the officer initiated a stop and eventually arrested him for DUI.
  • State v. William Whitlow Davis, Jr.
    William Whitlow Davis, Jr., was traveling on Keller Bend Road in Knox County at 2:30 a.m. on Oct. 23, 2009, in his green BMW. An officer with the Knox County Sheriff’s Office received a call to be on the lookout for the vehicle, which he soon spotted and began following. The officer stated that he observed the vehicle cross the yellow double line multiple times. The officer initiated a traffic stop and arrested Davis for DUI.

Could These TN Supreme Court Cases Change the Way Police Enforce DUI Laws?

Due to both DUI convictions being upheld by the Tennessee Supreme Court and the court upholding both officers’ reasoning for stopping the drivers, police officers in the state may now have greater freedom when deciding to stop and pull over drivers that they suspect are under the influence of alcohol.

December 11, 2015 DUI
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Tennessee Drivers & DUI Ignition Interlock Device Requirements

As lawyers with years of experience handling DUI cases, we’re often asked about ignition interlock devices, or car breathalyzers. Here, you’ll find the most common questions we’re asked—including how they work, the typical cost, and more.

What’s an ignition interlock device?

An ignition interlock device, or car breathalyzer, connects a vehicle’s ignition system to a breath-alcohol analyzer. To operate the device, a driver blows into a sensor that measures the alcohol in his or her breath and only allows the driver to start the vehicle if his or her breath-alcohol level is below the set point.

The device also takes photos to identify the person providing the breath sample, while recording the dates, times, test results, and photos of the person using the device. Drivers are subject to continuous monitoring while operating their vehicles. Any violations, for example failed tests or missed retests, are also recorded by the device.

What are Tennessee’s laws regarding ignition interlock devices?

As of July 2013, the state of Tennessee requires mandatory ignition interlock devices for anyone who is convicted of driving under the influence. This law also requires that devices have  cameras, so officials can tell who’s blowing into it. The law impacts drivers who have been arrested and convicted of drunk driving, and includes first-time DUI offenders with a breath test as low as .08 (House Bill 353; Senate Bill 670).

How accurate are these devices?

The National Highway Traffic Safety Administration (NHTSA) has established strict regulations for ignition interlock devices. Independent laboratories regularly test these devices to ensure they meet NHTSA’s requirements.

How is my driving information shared?

Typically, ignition interlock devices need to be serviced about every 60 days by the provider, who will download the information from your device and send it to the proper authorities. If you miss a service appointment, your device may prevent your car from starting.

How much does an ignition interlock device cost?

Drivers are responsible for all installation and service fees. The fee limitations set by the Tennessee Department of Safety state that ignition interlock device service providers must:

●     Charge installation fees of $150 or less.

●     Charge reasonable and customary fees that don’t exceed $100 per month to cover leasing, monitoring, and maintenance.

●     Charge reasonable and customary fees that don’t exceed $75 for the removal of devices.

●     Post these fee rates in a conspicuous area at the service provider’s office.

 

How long do I have to use the device on my car?

According to Tennessee law, an ignition interlock device must be in operation during the entire time period a restricted license is effectuated and must continue to be in operation six months after the license revocation period has expired. The license suspension periods are the following:

●     First offense: one year

●     Second offense: two years

●     Third offense: six years

●     Fourth or subsequent offense: eight years

 

What happens if I fail the breath test?

The ignition interlock device will prevent you from starting your car for several minutes after which you can attempt a second breath test. If you fail the second test, the device will require that you wait for a longer duration before retesting your breath-alcohol level.

Can a friend drive my car?

Not recommended.  If you allow someone else to drive your car, the device will take their picture and this could trigger a violation of your probation, resulting in jail time.  While it is technically legal for you to allow someone to drive your car, you may be accused of having that person blow into the interlock device so that you can drive drunk.

What happens if I don’t get the device installed on my car?

You may face serious consequences if you fail to install an ignition interlock that has been mandated by a court. Primarily your restricted license will not be approved and you will not be allowed to drive during the suspension.

Benefits?

There are two primary benefits to the interlock device.  First if you will most likely have no geographic restrictions on where you drive.  Before the interlock device restricted license allowed you to drive to and from work only.  Second, with an interlock device more people are eligible for a restricted license.  Before the interlock device only certain DUI offenders qualified for a restricted license.  Now virtually all DUI offenders should be able to get a restricted license.