Category: Drunk Driving Charges
120 Days in Jail For First Offense DUI Upheld on Appeal
Driving Under the Influence (DUI) is a misdemeanor in Tennessee when it is the person’s first conviction of that crime. However, that doesn’t mean it isn’t serious. It can still result in significant jail time. In the recent case of State v. Christopher, E2012-01090-CCA-R3-CD (Tenn.Crim.App. 3-14-2013), the Tennessee Court of Criminal Appeals upheld the imposition of one-hundred and
Vehicle Stopped for Speeding/ DUI Conviction Affirmed
In a recent Henderson County DUI case, (State v. White, W2011-02301-CCA-R3-CD (Tenn.Crim.App. 8-31-2012) the Defendant attempted to challenge a stop for speeding by using a land surveyor to analyze video, conduct measurements, and opine that the Defendant was not speeding. The surveyor noted power poles along the highway where the Defendant’s vehicle had been traveling, measured distances
Guilty of DUI by Circumstantial Evidence
The state has the burden of proof in any criminal case, including when the allegations are driving under the influence (DUI). But a jury may draw reasonable inferences from the evidence in finding an accused guilty beyond a reasonable doubt. They did so in the recent case of State v. Barham, W2011-02348-CCA-R3-CD (Tenn.Crim.App. 9-17-2012). In that case, the
How to Refuse an Implied Consent Blood Test
Under Tennessee DUI law, anyone who drives a motor vehicle in this state is deemed to consent to testing to determine the alcohol or drug content of the person’s blood. Tennessee Code Annotated 55-10-406. This is often referred to as the “implied consent law.” Before directing such a test, a law enforcement officer must 1) have reasonable grounds to