DUI:The Crime and Consequences in Tennessee
with Forms By Steven Oberman

Chapter 1. Charging Instruments: 1:1 In general; 1:2 Warrantless arrest requirements; 1:3 Criminal citations; 1:4 Affidavits of complaint for arrest warrants; 1:5 Arrest warrants upon complaint; 1:6 Technical defects in warrants; 1:7 Criminal summons; 1:8 Indictments; 1:9 Alleging prior convictions in indictment; 1:10 Joinder of offenses and defendants; 1:11 Double Jeopardy; 1:12 -DUI and vehicular homicide; 1:13 -DUI and vehicular assault; 1:14 -DUI and reckless driving; 1:15 -DUI and subsequent DUI offenses; 1:16 -DUI and public drunkenness; 1:17 -DUI and speeding; 1:18 -DUI and license revocation; 1:19 -DUI and vehicle forfeiture; 1:20 -DUI and pretrial detention; 1:21 -DUI and per se violations; 1:22 Due process and speedy trial rights; 1:23 Statute of limitations for DUI
Chapter 2. The Crime of Driving Under the Influence: 2:1 In general; 2:2 Driving, operating, or being in physical control of a motor vehicle; 2:3 Under the influence; 2:4 Intoxicants; 2:5 Automobiles and other modes of transportation; 2:6 Location of offense
Chapter 3. The DUI Investigatory Stop and Arrest: 3:1 In general; 3:2 Legal standards necessary for valid stop of automobile; 3:3 Stop based on information from informant; 3:4 Seizure; 3:5 Probable cause necessary for DUI arrest; 3:6 Officer's presence required for warrantless arrest; 3:7 Application of Miranda to the DUI investigation
Chapter 4. Sobriety Checkpoints: 4:1 In general; 4:2 Sobriety checkpoints under federal law; 4:3 Sobriety checkpoints under Tennessee law; 4:4 Avoiding roadblocks; 4:5 Other types of checkpoints; 4:6 Subterfuge
Chapter 5. Field Sobriety Tests: 5:1 In general; 5:2 Evolution of field sobriety tests; 5:3 Phase one: Vehicle in motion; 5:4 Phase two: Personal contact; 5:5 Phase three: Pre-arrest screening (standardized field sobriety tests); 5:6 Horizontal gaze nystagmus test; 5:7 Walk and turn test; 5:8 One leg stand test; 5:9 Non-standardized field sobriety tests; 5:10 Psycho-physiological considerations; 5:11 Field sobriety tests as scientific tests; 5:12 Application of Miranda warnings to field sobriety tests; 5:13 Refusal of field sobriety tests; 5:14 Videotaped field sobriety tests as evidence; 5:15 Opinion testimony requirements
Chapter 6. Chemical Tests: 6:1 In general; 6:2 Principles of analysis; 6:3 Analytical techniques; 6:4 The relationship of breath alcohol content to blood alcohol content; 6:5 Extrapolation of chemical tests; 6:6 Procuring the blood sample; 6:7 Preservation of the test sample; 6:8 Independent chemical test by defendant; 6:9 Admissibility of chemical tests; 6:10 Devices not approved by the Tennessee Bureau of Investigation; 6:11 Devices approved by the Tennessee Bureau of Investigation; 6:12 Tennessee standards for breath alcohol testing devices; 6:13 Evidentiary bases for testing devices; 6:14 Chain of custody; 6:15 Relevant levels of intoxication; 6:16 Alternative means of introducing chemical test results
Chapter 7. Implied Consent for Chemical Testing: 7:1 In general; 7:2 Requirements of officer; 7:3 Reasonable grounds equals probable cause; 7:4 The compelled chemical sample; 7:5 Right to counsel; 7:6 Application of Miranda to implied consent law; 7:7 Evidentiary issues of the implied consent law; 7:8 Implied consent violation penalties
Chapter 8. Penalties: 8:1 In general; I. PENALTIES; 8:2 First offense penalties; 8:3 Litter removal penalty; 8:4 Constitutionality; 8:5 Second offense penalties; 8:6 Third offense penalties; 8:7 Fourth and subsequent offense (felony) penalties; 8:8 Other issues relating to fines, fees, and court costs; 8:9 Incarcerations; 8:10 Probation; 8:11 Conditions of probation; 8:12 Sentence credits; 8:13 Work release; II. SENTENCING PROCEDURES; 8:14 In general; 8:15 Sentencing hearings; 8:16 Sentencing factors; 8:17 Appellate review of sentences; 8:18 Blakely v. Washington; 8:19 Proceedings before special judge in general sessions or juvenile court; III. DRIVING RESTRICTIONS; 8:20 Prohibition against driving; 8:21 Ignition interlock devices; 8:22 Restricted license while DUI pending; 8:23 Restricted license after DUI conviction; IV. MULTIPLE OFFENDER ISSUES; 8:24 Multiple offender qualifications; 8:25 Out-of-state offenses qualifying defendant as multiple offender; 8:26 Procedural requirements for enhanced penalties; 8:27 Prior judgment requirements for enhanced punishment; V. COLLATERAL CONSEQUENCES; 8:28 In general; 8:29 Civil liability of social host to drinking drivers; 8:30 Firearm permit consequences; 8:31 Immigration consequences; 8:32 Insurance consequences; 8:33 Travel consequences; Previous 1 | Next ›

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The information within this web site is intended to provide some general information about DUI laws about Knox County DUI Lawyer Steve Oberman and his associate, Sara Compher-Rice . He anticipates that you will have questions about how he and Ms. Compher-Rice can best represent you in your Tennessee DUI, criminal, or civil case.

Please do not hesitate to discuss with Knox County DUI Attorney Steve Oberman any aspect of your Tennessee DUI case, his resources, or how he can better represent you. It is his hope that you will be completely satisfied with his work and will become one of his many clients who refer him to their family and friends.

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The determination of the need for legal help, legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. Potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.

Steve Oberman is certified as a DUI Defense Specialist by the Tennessee Commission on Continuing Legal Education and Specialization and The National College for DUI Defense, Inc.

Tennessee DUI Attorney Steve Oberman shall not be liable for any errors in the content, or for any actions taken in reliance thereon.

ACKNOWLEDGMENT: Most of the beautiful photographs of the Knoxville area exhibited on this site are provided through the courtesy of and with the permission of acclaimed photographer Gary Heatherly. Mr. Heatherly retains all intellectual rights to his photographs. Mr. Heatherly may be contacted at Gary Heatherly's Photography.

The Oberman Law Firm 550 Main St. Suite 730, Knoxville, Tennessee 37902 Office: (865) 249-7200 Fax: (865) 540-1696 E-mail: info@tndui.com

DUI:The Crime and Consequences in Tennessee with Forms By Steven Oberman

DUI:The Crime and Consequences in Tennessee
with Forms By Steven Oberman