Author of 2 DUI Textbooks


Drunk Driving Defense by Lawrence Taylor and Steven Oberman


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


Drunk Driving Defense By Lawrence Taylor and Steven Oberman

A text of over 1200 pages, Drunk Driving Defense provides a thorough analysis of both the law and the science relating to the crime of driving under the influence. This comprehensive work guides the practitioner through every step in the litigation of a DUI case-from thorough discussions of chemical and field sobriety tests to witness preparation and jury instruction.


Order this book online or call the publisher directly at (800) 344-5009.

View a summary of the table of contents.


DUI: The Crime and Consequences By Steven Oberman


Discussing both the law and the science relating to the crime of driving under the influence in Tennessee, this work provides a clear, concise statement of current DUI law. A thorough discussion of field sobriety tests and chemical tests is provided -- with the most commonly used field tests described in detail. This text analyzes both published and unpublished cases to address such issues as establishing probable cause for arrest and admissibility of test results. Legislative developments are covered as well, making this work not only an essential tool for the DUI practitioner, but also a time-saving guide to the intricate issues involved in Tennessee DUI law.


Order this book online or call the publisher directly at (800) 344-5009.
View the table of contents.


Tables of Contents

Drunk Driving Defense

Table of Contents Summary

I. Crime and Punishment

1. The Offense

2. The Sentence

3. The Administrative License Suspension


II. Evidence

4. Field Evidence

5. Introduction to Blood-Alcohol Analysis

6. Breath Analysis

7. Blood and Urine Analysis


III. Pre-Trial

8. Analysis and Arraignment

9. Prior Convictions

10. Discovery

11. Suppression of Evidence


IV. Trial

12. Setting the Stage

13. Cross-Examination

14. The Defense

15. Closing


Order this book online or call the publisher directly at (800) 638-8437


DUI: The Crime and Consequences in Tennessee with Forms

Table of Contents

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
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
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
8:20 Prohibition against driving
8:21 Ignition interlock devices
8:22 Restricted license while DUI pending
8:23 Restricted license after DUI conviction
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
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


Chapter 9. Vehicle Forfeiture

9:1 In general
9:2 Forfeiture as an excessive fine
9:3 Forfeiture for second or subsequent DUI offenses
9:4 Forfeiture for driving on a cancelled, suspended, or revoked license
9:5 Forfeiture procedure


Chapter 10. Driver's Licenses

10:1 In general
10:2 Authority to revoke or suspend a license
10:3 License revocation and suspension
10:4 Driving prohibition, license suspension and revocation relating to DUI
10:5 Restricted licenses for DUI offenders
10:6 Restoration of driving privileges
10:7 Commercial driver's licenses
10:8 Financial responsibility requirements


Chapter 11. Motor Vehicle Habitual Offenders Act

11:1 In general
11:2 The Act as a civil proceeding
11:3 Habitual offender qualifications
11:4 Computation of convictions
11:5 Habitual offender proceedings
11:6 Trial court findings
11:7 Appeals and constitutional challenges under the Act
11:8 Violations by declared habitual offenders
11:9 Termination of motor vehicle habitual offender status


Chapter 12. Aiding and Abetting DUI Offenders (DUI by Consent)

12:1 In general
12:2 Prohibitions and penalties
12:3 Passengers as aiders and abettors
12:4 Owners as aiders and abettors


Chapter 13. Juvenile Offenders

13:1 In general
13:2 Commencing proceedings
13:3 Judicial proceedings
13:4 Penalties and implied consent violations
13:5 Juvenile Offender Act
13:6 Juvenile Offender Act penalties
13:7 Restricted licenses for juveniles
13:8 Reinstatement of licenses for juveniles
13:9 Underage driving while impaired


Chapter 14. Related Offenses

14:1 In general
14:2 Adult driving while impaired
14:3 Aggravated vehicular homicide
14:4 Boating under the influence
14:5 Child endangerment
14:6 Criminally negligent homicide
14:7 Drag racing
14:8 Driving on a cancelled, suspended, or revoked license
14:9 Evading arrest
14:10 Flying under the influence
14:11 Lesser included offenses of vehicular homicide
14:12 Possession and consumption of alcohol while driving
14:13 Possession of handgun while under influence
14:14 Public intoxication
14:15 Reckless driving and reckless endangerment
14:16 Reckless homicide
14:17 Second degree murder
14:18 Vehicular assault
14:19 Vehicular homicide
14:20 Vehicular homicide penalties
14:21 Vehicular homicide sentencing


Chapter 15. DUI as a Federal Crime

15:1 In general
15:2 In general
15:3 Penalties
15:4 Implied consent violation
15:5 Assimilative Crimes Act
15:6 Implied consent violation
15:7 DUI procedure in federal court
15:8 Right to jury trial


Chapter 16. Litigating the DUI Case

16:1 In general
16:2 Preliminary hearings
16:3 General sessions court trial
16:4 Appeal from general sessions court to a court of record
16:5 Constitutional concerns of guilty pleas
16:6 Certified questions for appeal
16:7 Trial in the court of record
16:8 Punishment if re-convicted
16:9 Probation revocation


Chapter 17. Representing the Accused

17:1 In general
17:2 Pretrial release
17:3 Initial interview of the defendant
17:4 Investigation
17:5 When accident involved
17:6 Concluding representation of the defendant


Chapter 18. Forms

18:1 Motion to sever trial of defendant charged with DUI by consent
18:2 Standardized field sobriety tests scoring sheet and decision table
18:3 Motion to preserve blood sample for independent testing
18:4 Work release order
18:5 Order allowing in-patient treatment credit
18:6 Motion for relief from fine and court costs
18:7 Waiver of jury assessment of fine
18:8 Petition to declare defendant an habitual motor vehicle offender
18:9 Order to show cause
18:10 Answer to petition to declare defendant an habitual motor vehicle offender
18:11 Petition to restore driving privileges
18:12 Order appealing general sessions court judgment
18:13 Motion for state to provide court reporter
18:14 Freedom of Information Act request form
18:15 Authorization for use or disclosure of protected health information
18:16 Release for disclosure of confidential health information
18:17 Protective order for medical records subpoena
18:18 Motion for leave to file additional motions
18:19 Motion for discovery
18:20 Motion to inspect breath test machine
18:21 Motion to suppress blood
18:22 Motion for disclosure of impeaching or exculpatory evidence
18:23 Motion to suppress and/or dismiss due to illegal stop
18:24 Appeal bond form



Appendix A Summary of DUI Penalties
Appendix B Law Enforcement Forms and General Orders
Appendix C Tennessee Code Annotated
Appendix D Rules of Criminal Procedure
Appendix E Rules of Evidence



Steve Oberman

Click on the links below for more information about Steve Oberman and the Oberman & Rice law firm.