DUITN Laws
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.
Proposed Tennessee DUI Advertising Ban May Be Unconstitutional
State Attorney General finds pending anti-drunk driving legislation illegal on two fronts.
State Senator Rosalind Kurita sponsored an amendment to a bill that would ban Tennessee DUI defense attorneys from making certain advertising claims. This included not stating that the attorney specialized in DUI cases, offered discounts, guaranteed a result or indicated that they had more experience than another attorney. Kurita said her legislation was aimed at reducing the number of suspected drunk drivers who are not convicted.
The amendment came under immediate fire from other state legislators on constitutional questions, and an opinion from the attorney general of Tennessee was requested. AG Bob Cooper has stated that Kurita’s effort is ‘vulnerable to constitutional attack’ on two fronts.
Cooper said that the Tennessee Supreme Court has the authority to regulate the courts and the attorneys who practice law in the state, and Kurita’s amendment improperly attempts to shift that power to the State Assembly.
In addition, the legislation violates the right to free speech guaranteed under the Federal First Amendment. Cooper elaborated that, because of the severity of the offense, DUI defendants have a greater interest in learning as much as possible about drunk driving defense attorneys before hiring one of them.
Kurita has responded by saying that she will “have to find another way” to attack driving under the influence in Tennessee.
Are you searching for a Tennessee DUI Attorney?Multiple Bills Would Toughen Tennessee DUI Laws
State legislature advancing several bills addressing drunk driving in Tennessee.
The Tennessee legislature is considering a series of bills that would strengthen DUI laws in Tennessee. They cover a range of penalties for drinking and driving in Tennessee, including mandatory ignition interlock devices and lower blood alcohol levels for an extreme DUI in Tennessee.
The legislators have been in partisan squabbles about sponsorship of competing and similar bills, though the proposed DUI laws appear to be making their way out of committee for consideration by the full Assembly.
A Senate bill calls for the automatic revocation of the driver’s license when a motorist is arrested for suspicion of driving under the influence in Tennessee. This is the only Tennessee DUI bill that has the open support of Governor Phil Bredesen.
One House bill would require all motorists convicted of drunk driving in Tennessee, including first offenders, to install an ignition interlock device in their vehicles. A second bill under consideration calls for mandatory interlock devices on the second or subsequent DUI in Tennessee. Currently the law allows judges to use their discretion to mandate the devices after a second drunk driving arrest.
Another House bill would lower the blood alcohol content for the designation of ‘extreme DUI’. Currently the BAC level is .20% and the proposed new threshold would be .15%. When the charge of extreme DUI is applied additional jail time is automatically mandated.
The House is also considering legislation that would prohibit the occupants in a vehicle from having an open container. Similar bills have been considered in the past with no consensus on punishment for the offense. The current measure calls for a flat fine.
The Criminal Practice Subcommittee has approved a House bill that calls for a minimum 48 hour jail term for first time DUI offenders. Three years ago a bill was passed that allowed offenders to divert 24 hours of jail time to a litter pick-up detail. The new legislation would require the entire jail term to be fulfilled, after which litter duty as community service would be required.
The state president of Mothers Against Drunk Driving said he felt they were going to have a “landmark year” in the passing of Tennessee DUI legislation.
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Work Off Drunk Driving Conviction
New Tennessee Law Attracts CriticismKnoxville, TN-A new
state law permits DUI offenders to work off their first infraction by
cleaning up litter along the roads while wearing a vest that states, "I
am a drunk driver." Local officials of Knox County have
expressed disapproval of the new punishment.
Courts can now sentence first-time offenders with a minimum of 24 hours of manual labor, entailing trash removal from roadsides.
David Collins, Knox County Commissioner, described the law as 'out of control," while County Sheriff Tim Hutchinson questioned the source of funds that will pay for the vans, vests, and deputies required put the new law into action.
While the law is designed to target first-time offenders in hopes of shaming them away from future offenses, critics say the program could bring negative results. Jacqueline Helfgott, chairperson and professor at the Criminal Justice Department of Seattle University, said, "If I'm forced to wear a sign saying that I'm a drunk driver, then I'm going to feel worse and worse about myself and I may drink more and more because I feel shunned."
Other states have methods of alerting the public and police about previous drunk driving convictions, however they are intended more to protect the public than to create shame for the offender. Ohio, for example, requires bright yellow license plates to expose to the public that the driver has been convicted of DUI.
Gov. Phil Bredesen stated that he opposes the new DUI law because he believes it weakens existing punishments that have already been established for DUI offenders over the age of 21.
"Although I am generally supportive of innovative forms of punishment to address this issue, I am concerned about the possibility of reduced jail time for DUI offenders," Bredesen stated in a letter to members of the House and Senate.
He did not veto the bill, but also didn't sign it. Under state law, a bill that is not signed or vetoed by the governor will become law within ten days.
MADD (Mothers Against Drunk Driving) also opposes the new law. "In MADD's opinion it decreases the deterrent effect of the law," said Laura Dial, the MADD Tennessee executive director. "Jail time is more of a deterrent than community service, which is trash pickup."
July 11, 2005
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Supreme Court Ruling
State Supreme Court Upholds Judge Stern RulingMarch 13, 2006
The Tennessee Supreme Court has upheld a ruling of Criminal Court Judge Rebecca Stern in a case involving a traffic stop.
Judge Stern had ruled out evidence that led to DUI and obstructing traffic charges against Kirk Williams.
The Tennessee Court of Criminal Appeals overturned the decision of Judge Stern, saying the stop and seizure were valid.
But the decision written by Supreme Court Justice William M. Barker of Signal Mountain reinstates the Stern ruling.
The state high court said, "We hold that the defendant was seized by the officer when the officer approached the defendant in his patrol car and activated his blue emergency lights. Under the facts of this case, a seizure occurred regardless of whether the vehicle was already stopped at the time the officer approached. We also uphold the trial court’s determination that the officer did not have reasonable suspicion to justify the stop. Therefore, the trial court correctly granted the defendant’s motion to suppress the evidence obtained as a result of the stop. The decision of the Court of Criminal Appeals is reversed, and the decision of the trial court suppressing the evidence is reinstated."
Source: http://www.chattanoogan.com/
Sober Up On Tennessee DUI Law
Sober Up On Tennessee DUI LawTennessee veered off course with its drunken driving law and, thanks to the work of a special task force, the state stands a good chance of seeing the law improved.
State law used to require first-time DUI offenders to spend 48 hours in jail. It was a tough-minded statute. But the legislature had the bright idea that it would be better to cut that jail time to 24 hours and add 24 hours of service during which offenders would have to wear an orange vest that said, "I am a Drunk Driver" and pick up trash on the roadway, which essentially gave DUI offenders a day of fresh air. And whether it truly humiliated or embarrassed anybody as cars whizzed by is open to debate.
The law, which went into effect Jan. 1 without the signature of Gov. Phil Bredesen, created a lot of complaints, including those from sheriffs who said they had little money to oversee cleanup crews, although legislators later provided more funds. But Bredesen formed a task force this year to look at DUI laws, which he said had become confusing. Panel recommendations include repealing the so-called shaming law. The task force, which included representatives from law enforcement and citizen groups such as Mothers Against Drunk Driving, said many counties haven't been implementing the road crews. The task force recommended that the sentence for first-time offenders go back to 48 hours, and recommended DUI education classes.
Bredesen liked the group's advice, but some of the proposals will probably lead to more discussion; among them, extending the state open-container law to passengers, which could raise all sorts of questions.
The group also wants to let law enforcement officials revoke the driver's license of someone suspected of DUI who won't submit to a breath test, then allowing application for a restricted license. A driver who refuses to take a breath test now may keep a license until a court hearing. The group also calls for using technology such as the device that requires a breath test for a car to start.
DUI laws should be constantly monitored and constantly tough. The one sure thing is that the 48-hour jail time should be re-imposed. The state should want to deal aggressively with drunken drivers. The vest gimmick should be ditched.
Thursday, 9 November 2006
Source: Associated Press/AP Online
Tennessee Considering Repeal of Shame Law for DUI
Tennessee DUI offenders required to wear special clothing during work detail
Those convicted of Tennessee DUI are required by law to wear bright orange vests that state, ‘I am a drunk driver’ while picking up trash along highways. Now a task force has recommended the repeal of the ‘shame’ law.
A task force on DUI laws appointed by Tennessee Governor Phil Bredesen feels this portion of a law that went into effect last January is counterproductive and it does not keep someone from drinking and driving. Tom Kimball, a traffic safety resource prosecutor with the District Attorney General’s Conference says, “It might just cause more bitterness, which is common with alcohol issues.”
The task force, which includes members of law enforcement, district attorneys, courts and citizen organizations, recommended significant changes to the state DUI laws, including reinstating 48-hour jail sentences for first offenders. The law reduced the sentence to 24 hours of jail time and 24 hours of roadside work detail.
In all 25 changes were presented to the Governor. They must now be considered by the Tennessee General Assembly. The changes cover a range of DUI related issues, such as requiring first time DUI offenders to take DUI education classes; revocation of a driver’s license for those who refuse to take a breath test; prohibiting passengers from having an open container of alcohol; lowering the BAC threshold for mandatory 30 day jail sentence; and installation of ignition interlock devices when offenders record a blood alcohol content of 0.15 or higher.
Governor Bredesen said the panel did a “very good job” with the recommendations but acknowledged the prospect of getting some of them passed to be “politically problematic.” The governor has given the report to his legislative team to prepare for the next General Assembly session.
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