DUI
Tennessee DUI Library
Metro police Officer Arrested for DUI in Nashville
Nashville, TN Police officer crashed an unmarked patrol car.
An officer with the Nashville Metro Police has been charged with driving under the influence in Tennessee. John Cumberland crashed an unmarked police cruiser into a ditch around 12:30 early Thursday morning. A witness reported the accident to authorities.
Cumberland reportedly showed signs of impairment during field sobriety tests. He consented to a breath test and registered a blood alcohol content of .12%. The legal limit for DUI in TN is .08%. He was also charged with possession of a firearm with under the influence of alcohol.
Cumberland, 32, is an East Precinct Crime Suppression Unit Officer and he finished his shift around 8:00 pm Wednesday. He has been removed from duty and an administrative investigation has been started.
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NFL Player Arrested for Tennessee DUI
Tennessee Titans wide receiver stopped for drunk driving in downtown Nashville.
Chris Davis, reserve wide receiver for the NFL Tennessee Titans, was charged with suspicion of driving under the influence in Nashville last weekend. Metro Police stopped him for speeding in downtown Nashville around 2:00 am Friday morning. His 2007 Cadillac Escalade was reportedly traveling at 44 in a 30 mph zone.
The arrest report indicated that Davis had bloodshot, watery eyes and smelled of alcohol. He performed a breath test and registered a blood alcohol content of .11%, above the .08% legal limit for intoxication in Tennessee. Davis was cooperative during his arrest for DUI in Tennessee. He posted a $5000 bond and was released around 4:35 am.
Davis, 25, was a fourth round draft pick out of Florida State. He did not travel with the Titans to their pre-season game against the Dallas Cowboys due to a hamstring injury. A spokesperson for the team said that they were aware of Davis' arrest for DUI in TN and were still gathering information.
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Sheriff Cleared of Tennessee DUI Ticket Fixing
Investigation yields little information leading to sheriff being cleared of wrong-doing
An East Tennessee county sheriff has been cleared of fixing a ticket for drunk driving in Sevier County. Sheriff Ron 'Hoss' Seals was accused by a former deputy of helping a TN DUI suspect avoid prosecution by allowing the motorist to be taken from the scene by a third party.
The Tennessee Bureau of Investigation conducted a four month long investigation and was unable to corroborate the allegations. The deputy who made the accusation could not provide the name of the individual arrested for DUI, the name of the third party who took the individual from the scene, nor the date of the alleged DUI traffic stop. The TBI could not locate a record of the suspect’s car being towed.
The Sevier County District Attorney, citing lack of information and evidence, agreed with the TBI's decision to conclude the investigation.
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Changes in Tennessee DUI Laws
Testing for blood alcohol content will be required for certain cases of drunk driving in Tennessee.
A new law will allow law enforcement officers to demand alcohol testing in certain cases of suspected driving under the influence in Tennessee. Starting July 1, 2009, when a motorist suspected drunk driving in TN causes injury or death to another party, police are allowed to conduct tests to determine blood alcohol content (BAC).
Motorists who decline to be tested will have their driver’s licenses suspended for one year. Police must have probable cause to suspect alcohol contributed to the accident.
The new Tennessee DUI law applies only to those who caused an accident with injury or death to someone other than themselves. Other motorists stopped for suspected TN DUI will still have the constitutional right to refuse a blood, breath or urine test to check BAC.
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Tennessee Considers 'Shame' Plate for DUI Offenders
Those convicted of drunk driving in TN would have to purchase yellow license plates.
The State Legislature is considering a measure requiring a special license plate for those convicted of driving under the influence in Tennessee. The proposed bill would require a judge to sentence all found guilty of TN DUI to obtain a yellow license plate with 'DUI OFFENDER' in red letters. The license plate would have to be on the offender’s vehicle for at least one year.
The House Judiciary Committee delayed action on HB1837 until early May. A companion Senate bill has been stalled since February.
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Tennessee DUI for Man in Parked Car
Police called by someone who thought vehicle was suspicious.
The Greenville Police Department responded to a 1:30 am call from a citizen reporting a suspicious vehicle at an old car wash near Stan’s B-B-Q. The officer found Eric Donahue asleep in the driver’s seat with the car keys in his hand.
After reportedly detecting alcohol, the officer ordered Donahue to perform field sobriety tests. After performing the tests poorly, Donahue, 25, was charged with first offense driving under the influence in Tennessee. He was transported to and booked at the Greene County Detention Center.
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Tennessee DUI Reforms Suffer With Weak Economy
Efforts to reduce drunk driving in Tennessee curtailed by limited budgets.
Gov. Phil Bresden has made the fight against driving under the influence in Tennessee a high priority during his tenure. In early 2006 he formed a task force that established a number of legislative goals aimed at reforming Tennessee DUI laws. A severe revenue shortfall in the state, however, has led to a narrower focus.
The governor’s spokesperson, Lydia Lenker, said that, “when the state’s economy took a downturn, we had to set...legislation aside.” There was a decision to push for one change that had the most impact, Administrative License Revocation, which called for the immediate seizure of a driver’s license from those suspected of drunk driving in Tennessee. The proposed legislation made it through both houses of the state General Assembly before studies showed that the law would create no revenue and would cost $2.8 million in the first year alone. There was little opposition to the bill though the sponsors abandoned the effort for budget reasons.
Lawmakers say that public safety remains a key concern, but acknowledge that there has to be fiscal responsibility in any legislative effort. Some of the smaller DUI changes that were enacted in 2008 included: - Reinstating a 48-hour jail sentence for first offenders of Tennessee DUI and 24-hours of roadside trash pick-up wearing vests that say ‘I am a drunk driver’. Previously the law called for 24-hours each of incarceration and trash pick-up. - Removing the two hour limit for conducting breath or blood tests after an arrest for suspected TN DUI. - Clarifying prosecution in cases of child injury in a alcohol related accident.
The legislative priorities of anti-DUI advocacy groups call for resurrection of the license revocation bill as well as lowering the legal threshold for intoxication from the existing BAC of .08% and making the installation of ignition interlock devices mandatory for all convicted DUI offenders. Ms. Lenker said that cost neutrality will be the key during the upcoming legislative session. With the governor working to reduce spending and close a $1 billion budget gap, adding programs that require new positions and costs is not feasible. DUI related issues, like license revocation, will need to wait for a better economic outlook.
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Tourist Gets Tennessee DUI After Stealing Trolley
Michigan man takes, then crashes, trolley in downtown Nashville.
A Michigan man is accused of stealing a Nashville tourist trolley, driving under the influence, and crashing the special vehicle.
The legitimate driver had just finished a regular tour of the downtown area when he parked the trolley at the Hard Rock Cafe along lower Broadway for a bathroom break. He left the trolley unlocked with the doors open so people could board for the next tour. In fact six tourists from Texas were on the trolley when Jason Carl Farmer, noticing the keys were in the vehicle, jumped on board and drove off. Farmer, 38, hit a pole and was was persuaded to drop the others off. He then continued driving west until he crashed with an SUV in the Belle Meade area of Nashville.
Police detected alcohol and noticed Farmer’s speech was slurred. Farmer admitted to having been on a drinking binge, stating that he had just moved to Nashville from Michigan and he had come to town to party. He also tried to justify his actions by stating that he had a chauffeur's license and claiming his father owned the party bus. They arrested him on suspicion of Tennessee DUI in Nashville. The results of a test for blood alcohol content are pending.
The trolley suffered damage estimated between $50,000 and $60,000. The legal driver was cited for not parking the vehicle widely and for leaving the keys in the vehicle.
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Tennessee Law Says Wheelchairs Are Not Vehicles
New law clarifies Tennessee drunk driving penalties.
It is surprisingly not uncommon to read of those charged with DUI while operating wheelchairs. The rationale is that the wheelchairs are motorized vehicles.
Lawmakers in Tennessee have passed House Bill 3260 that defines any person using a motorized or non-motorized wheelchair as a pedestrian. Inversely that means the wheelchair is not a vehicle and the operator is not subject to driving under the influence in Tennessee.
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Legislators Want Mandatory Jail Term for Tennessee DUI
Tennessee Bill would require a minimum 48 hour jail term for TN DUI offenders.
Lawmakers in the House chamber of the state General Assembly have passed legislation requiring a jail term of at least 48 hours for all motorists convicted of drunk driving in Tennessee. The measure passed 96-1. The Senate chamber unanimously passed similar legislation last month.
Under current Tennessee DUI laws, a motorist under the age of 21 arrested for driving under the influence must spend a minimum of 48 hours in jail. A motorist older than 21 however is only required to spend at least 24 hours in jail.
The new bill would make the minimum jail term the same, regardless of age. The legislation will be referred to the Senate to work out differences between the two bills, and then presented to the governor.
It is important that if you are arrested for drunk driving in Tennessee that you hire a qualified DUI attorney in Tennessee.
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