Category: Drunk Driving Accidents

The number of people who were killed in drunk driving car accidents in Tennessee dropped by just over 3 percent from 2012 to 2013, according to Mothers Against Drunk Driving. State officials are hopeful that the fatality rate will continue to decrease after a new ignition interlock device law took effect in 2013. This law requires all convicted drunk drivers to use an ignition interlock device on their vehicles for a specific period of time. Statistics show that other states that have implemented similar laws have had favorable results in lowering the number of drunk driving deaths, lowering the risk of car accidents and reducing the number of repeat drunk drivers.

Ignition interlock devices help to keep DUI offenders off the road by disabling their vehicles if they are intoxicated. The device measures the driver’s blood alcohol content level through a breath sample, which is required in order to start the car. If the BAC level is at or above a preset limit, the car will lock up. The driver will then have to wait before he or she can attempt to start the car again.

Research from the Centers for Disease Control and Prevention shows that IIDs have been successful at cutting the drunk driver recidivism rate by up to 67 percent. These findings are significant considering that as many as 75 percent of DUI offenders with a suspended driver’s license continue to drive. This puts other people on the road in danger of becoming involved in auto accidents and obtaining serious injuries. 

In Tennessee, DUI charges and convictions are treated seriously even if it is someone’s first offense. This is a technique that is usually implemented to discourage people from driving while under the influence in the first place.

Recently, a 37-year-old Tennessee man was arrested on DUI charges. He was driving southbound on the I-65 in the early morning. Authority reports state that he collided with the center wall after driving too close. The tractor trailer then went across the southbound highway lanes, traveling off of the road and into the highway. Though the man did not strike any other vehicles, he was taken to the county jail. It is unknown if he will be facing any additional charges.

However, penalties for first-time DUI accusations in Tennessee are not light and should be treated seriously. A person who is convicted can face between 48 hours to 11 months in jail, a year with a suspended license, and expensive fines that can reach up to $1,500. DUI charges will also stay on a person’s criminal record and can damage their ability to find jobs, especially if they are limited by being unable to drive. Some may believe that a first offense will result in less harsh penalties, or that the charges will not be as severe if no one else is involved. However, as this report highlights, that is not necessarily the case.

For these reasons, people who are facing any DUI charge may benefit from the guidance of an experienced attorney, even if it is their first offense.

Source: Glasgow Daily Times, “Tennessee man arrested for DUI after wreck on I-65,” Oct 2, 2015

If a person has been involved in a drunk driving accident before, they may be wondering how they will be able to get compensation. Money is necessary in order to fix damaged vehicles, pay for hospital bills, medications, potential therapy and missed time at work, but how does one pay for it?

This is where civil lawsuit, otherwise known as a civil claim, can come in handy. According to The United States Courts, this is a general term that is used to describe a situation in which one party takes another to court in order to hold the second party accountable for any potential damages that have been done. In the case of a drunk driving accident, this would mean that the driver who was hit would be able to take the drunk driver to court in order to gain compensation for what occurred because they were under the influence.

Successful civil lawsuits can mean a world of relief for the person or party that filed for the suit. Compensation will only be paid by the responsible party if the civil lawsuit is successful. This is why there is such a huge emphasis on the importance of having a strong legal team when going in to a civil lawsuit. Victory could mean having all financial problems taken care of by the responsible party, whereas a loss could mean the victim party has to pay for the damages on their own.

These are all good things to keep in mind if anyone ever gets into an accident due to the actions or inactions of a drunk driver.

A problem is surfacing in Tennessee when it comes to official reports about DUIS. Any drunk driving accidents in the state are meant to be reported, but that is turning out to not be the case, much to the detriment of everyone.

It was recently reported that some of the most rural and poor counties in the state of Tennessee are not properly filing their DUI reports. In fact, out of the 95 counties in the state, 19 of them have not filed their reports properly. This is a relatively large number, prompting some officials to state that they might need to instate a system of incentives or consequences for the lack of reporting. Some have speculated that the lack of funds or staffing is what’s causing this absence of reports.

However, the lack of reports has a bad effect on everyone else. If an officer does not report a DUI crime to either the FBI’s National Crime Information Center or to the central crime reporting system of the state, that DUI will remain unrecorded. This will mean that if someone gets arrested for a DUI in another county, their previous record will not show up. This flaw in the system was discovered after one man was charged with multiple first-time DUIs despite the fact that he was on his fifth DUI by the time he was discovered

This additional and unnecessary danger can be a big problem to other drivers on the road, as well as making the job of police officers more difficult. For this reason, the missing counties are now under heavier scrutiny, along with any drivers from them who have been marked with a DUI charge.

Source: KFVS12, “18 TN counties fail to report DUI data to crime database,” Andy Wise, Sep 22, 2015

Drinking and driving is still a nation-wide problem despite the many campaigns against it. When dealing with drunk drivers and the accidents that can be caused by them, many states including Illinois are beginning to instate harsher punishments and swifter reinforcements.

Illinois in particular is starting to crack down even harder on DUI offenders. Patrols will be picking up around the Labor Day holiday. Additionally, a campaign called Booze It and Lose It has been launched. Due to this program, DUI enforcement will be up from August 19 to September 7.This means that more patrols will be out and dedicated to finding DUI offenders.

It should also be known to drivers that the penalty for DUI charges can be harsh. This even includes first time charges. For example, drivers can face up to a $5,000 fine just for one DUI. This is on top of jail time that they might have to serve, which is a large enough deterrent on its own. Some officers speculate that the statistics are so high simply because no one ever believes that an accident or arrest will happen to them. However, statistics show that at least 18 people choose to drink and drive a day and are caught for it.

With the crackdown under way, anyone who enjoys recreational drinking should be prepared by having designated  drivers or other means of getting home. Anyone who ends up facing DUI charges may wish to contact an attorney, in the meantime, as they may be able to help.

Source: WBBJ, “Sheriff’s office to crack down on DUI enforcement,” Aug 19, 2015

Many people are well aware of the fact that drinking and driving can come with severe consequences. However, most people are usually concerned about the possibility of hitting another driver while on the road.

However, a person can get into just as much trouble if they end up hitting someone else’s property. One recent case highlights this. An underage driver ended up colliding with someone’s mailbox after they had been drinking. The teen is now facing charges such as leaving the scene of an accident, failing to report the accident, as well as underage consumption charges and a DUI charge. It is not yet known whether he may face property damage charges as well.

Though the teen only hit a mailbox and ended up damaging both the mailbox and his own vehicle, he will still have to face a number of charges.  He was found by police at an intersection due to the fact that the damage on his car essentially tipped off a bystander to the fact that he might have been driving while under the influence. Reportedly, police received a concerned call about him while he was parked at a street light. This is where he was found. Though he could not recall what he had hit or where he had been, police also located the ruined mailbox quickly as well.

Property damage is quite serious, though it is not often considered in the same light that bodily injury. That does not mean that one will not face any consequences if they drive drunk and only strike another object rather than a person or another vehicle.

Source: News2, “Teen faces DUI charges after crashing into mailbox in Hendersonville,” July 30, 2015

Crackdowns against drunk driving have been happening all across the nation, and Tennessee is no exception. When it comes to the toleration of drinking and driving, many governments are stepping their game up with stricter laws, harsher punishments, and more campaigns to raise awareness.

However, one recent campaign has sparked outrage among some. The campaign, reportedly aimed at the young male demographic, made sexist remarks that many people took offense to. The campaign was called out, at which point the state apologized for the offense. The official statement reported that it had not been the intent of the campaign to insult women. Rather, they were simply trying to get the attention of the young men. Opponents of the campaign believe that the message is lost behind the sexist remarks.

Shortly after the apology was made, the Governor’s Highway Safety Office released data showing that young men were up to three times more likely to be arrested for DUI than women. They claim that this is the reason their campaign had been directed at young men. From 2010 to 2014, it was stated that roughly 20,118 men were arrested for DUI. Compared to that, 6,709 women were arrested for DUI in the same time period.

The campaign has since been canceled, and items from it are no longer in circulation. Additionally, any items that were placed in bars have since been removed. It is unknown whether or not another campaign will be launched to reach the same audience, but without the sexist undertones that got this campaign sunk.

Source: WBIR, “TN data shows men arrested for DUI at higher rate than women,” Becca Habegger, Mark Bergin, July 21, 2015

Many people are not aware of the implied consent law that applies to all drivers. This can be a problem for drivers who are asked to do a breath analysis test after being pulled over, because they may refuse and end up with more charges than they would have otherwise been dealing with.

The implied consent law, as stated by Washington legislature, is the law that allows police to legally ask for a person to take a breath test and lets them meter out additional punishment if that request is refused. This is because under the implied consent law, it is implied every time a driver gets behind the wheel of their car that they are consenting to the possibility of taking impairment tests if they are asked to do so. A failure to comply with the terms of the implied consent law means that the driver could face even more consequences, such as an immediately suspended license.

If a person refuses to take a breath test or impairment test when asked and they are already driving on a suspended license, they could be facing even more dire penalties. This is especially true if their license was suspended for an accident that ended in severe injury or death. These drivers could be sent to a jail or work house. They could have their license suspended or even revoked, and they may also face huge fines. Even those who are convicted of a DUI without a breath test will have to have an interlock device installed in their car.

On a whole, the consequences of not taking a breath or impairment test when asked outweigh the possibility of trying to avoid incrimination by refusing to take the test.

Accidents are a stressful situation for you, and they can be made even more stressful because it may seem like even your own insurance company is not on your side. Not to mention the fact that you may have to face a difficult battle to get the proper compensation out of the other driver’s insurance. So what can you do?

First, you can be prepared for that battle. Go into it knowing that you will likely have to fight to get full compensation. This is because insurance companies will automatically look for ways to downplay your injuries in order to limit the potential payout. This is common practice for insurance companies, because that is how they make money. By limiting the amount you will be able to claim, they will not lose too much.

You should also be prepared to prove yourself in the right if you are going up against another driver’s insurance. They will do their best to pin the fault of the accident on you or, barring that, to find some other detail that will not incriminate the driver under their coverage. This is why it is so important to have aggressive representation. Otherwise, it may be easy for insurance companies to cheat you out of your money.

If you would like to read more about what you can do to prepare yourself for facing insurance companies after your accident, please visit the link. It will take you to our web page, which has detailed information regarding what to expect from insurance providers in the wake of a crash as well as how to handle it. 

States are cracking down left and right on drunk drivers. This is due to the serious consequences of drunk driving accidents, such as the potential loss of life that can come with a fatal crash. Some states are going to incredible lengths to make sure that drunk drivers face severe penalties even for a first-time DUI.

Tennessee in particular is known for being very strict among the states for DUI related charges. One patrol officer stated that it is not surprising for legislature to act on a problem that causes so many fatalities. A study done by the National Highway Traffic and Safety Administration determined that 31% of fatal motor vehicle accidents are caused by inebriated drivers. Another study stated that DUI related accidents comprise roughly 30-40% of roadway fatalities. The high amount of life lost in these DUI accidents can be considered a reason why Tennessee is the 12th harshest state when it comes to enforcing DUI laws.

Tennessee is also one of the harshest states when it comes to cracking down on DUI drivers. For example, a first time drunk driver in Tennessee can still face a minimum jail sentence of two days. That is only the minimum; the sentence can potentially last longer. Additionally, even first time offenders can face huge fines of up to $2,500.

Cracking down on drunk drivers and doling out harsh punishments is par for the course in Tennessee. Because of the rigidity of their DUI laws, anyone who is facing a DUI related charge may benefit from contacting an attorney, even if they are only facing a first time charge.

Source: WCYB, “Virginia & Tennessee among toughest states on DUI,” Kristen Quon, June 17, 2015