Nashville Lawyer Blog

The United States Supreme Court in Berghuis v. Thompkins took a significant retreat from the privileges against self incrimination long afforded to individuals subjected to custodial interrogation through the Miranda decision of the 1960s. In Thompkins, the Defendant was silent for almost 3 hours before making an inculpatory statement. During the interrogation, the defendant also refused to sign a written waiver of his Miranda rights. The Miranda decision had long recognized a defendant's right to remain silent and it further required the State to carry a heavy burden to prove that a defendant knowingly waived this right and other constitutional rights if the defendant ultimately made a statement since "waiver cannot be presumed by the fact that the defendant eventually made a statement." The court's decision in Thompkins basically shifts the burden from the State to prove waiver of Miranda rights to the defendant to verbally announce that he wishes to invoke his right to remain silent. David Raybin was quoted in a recent article discussing this case in yesterday's Tennessean
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Under Tennessee law, a prior DUI conviction raises the standard minimum sentence of 48 hours in jail to 45 days in jail on a new DUI charge. Two prior convictions means a DUI defendant is facing a minimum sentence to 120 days and the minimum sentence increases with subsequent convictions.

The Tennessee Court of Criminal Appeals in Tennessee v. Albright, recently held that a prior conviction in which the judgment did not contain the trial judge's signature was not adequate to establish a prior conviction, finding such judgment to be void, and thus ordered that the defendant's sentence be reduced.

Tennessee Court of Criminal Appeals Opinion

A criminal defendant should contact an attorney experienced in DUI law that is aware of all possible defenses to their case.