State Senator Wants to Ban Tennessee DUI Defense Attorney Ads

Democratic senator pushing amendment to prohibit certain ads for drunk driving defense in Tennessee.

Prominent state senator Rosalind Kurita wants to ban certain advertisements used by Tennessee DUI lawyers. She was successful in adding an amendment to a bill that would prohibit ads stating that the lawyer was a DUI specialist, offered a discount rate, claimed more expertise in drunk driving defense or guaranteed an outcome in the case. She says the amendment was in reaction to drunk drivers not being convicted.

Other Tennessee General Assembly law makers publicly say the provision violates First Amendment free speech rights. Senator Jim Kyle said, “If you’re in a legitimate business, you ought to be able to advertise.” Kurita countered that she is only concerned about certain advertising claims, especially one that states the drunk driving defense attorney will get you off.

The ethics rules of the Tennessee Supreme Court, however, already prohibit attorneys from guaranteeing a case result. Attorneys are also prohibited from claiming that they are specialists unless they have completed state certification in an area of specialization. In addition, Kurita’s amendment violates a 1990 U.S. Supreme Court opinion that allows attorneys with specialist certification to advertise that accomplishment.

The amendment calling for the advertising ban was approved by voice vote in the Senate Finance Committee and attached to pending legislation.

If you have been charged with Driving Under the Influence in Tennessee, you will need to seek legal representation from a DUI Defense Lawyer in Tennessee that can advise you of your legal rights and possible consequences if you are convicted of a DUI in Tennessee.