Nashville Lawyer Blog

Tennessee Code Annotated 55-10-416 makes it absolutely illegal for the driver of an automobile to possess an open container of alcohol. The law does not forbid a passenger from possessing alcohol or other persons not in an automobile from possessing an open container. However, despite the fact that Tennessee law limits open container violations to drivers of automobiles, local city laws do in many cases prohibit passengers and other persons in public from possessing an open container of alcohol.

In Nashville, Local Oridinance: 7.24.040 named: Alcoholic beverages in open containers states:
A. It shall be a violation for any person, while in or on a street, alley, sidewalk, parking lot, parking garage or other area generally open to the public, except (1) enclosed structures, (2) premises owned by scientific, religious or educational institutions, or (3) premises specifically permitted or licensed for the on-premises consumption of alcoholic beverages or beer; to have in their possession beer, ale, wine or other alcoholic beverage for the purpose of consumption in a glass, aluminum, or metal container unless such container is commercially sealed.
B. Possession of beer, ale, wine or other alcoholic beverage in an open container not permitted in subsection A hereof shall be prima facie evidence of having said beverage for the purpose of consumption.

A close reading of such ordinance reveals that the law allows for one to possess alcohol in a plastic container. So don't forget to grab some plastic cups for your next Titans tailgate.

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.

Nashville Metro Davidson County police officers are patrolling each night looking for persons that may be driving under the influence of alcohol. Here are the top ways to avoid getting a DUI.

1. Do NOT get into your vehicle if you are not immediately prepared to take a breathalyzer test. This one seems obvious, but far too many people go to a bar or restaurant with the plan to have one or two beers and end up having four or five beers or more. Public transportation is not an option for most in Nashville so many after five beers think they are fine to drive, but if they really considered that moments after getting into their car that they could be forced to submit to a breathalyzer and/or get arrested for DUI, chances are they would think differently. The best approach is obviously to always have a designated driver or use a taxi, but the discipline not to drink more than one or two drinks is sometimes the only reasonable choice.

2. Don't give the Police a reason to pull you over. Even if you have only truly had a couple of beers, no one wants to be pulled over in the early morning hours and be questioned by a police officer. While Tennessee law says that no one should be required to submit to a breathalyzer unless the police officer has reasonable suspicion that such individual is under the influence of drugs or alcohol, chances are that if you are honest with the police officer that you have had a couple of beers, then the police officer is going to assume that you have underestimated the amount of alcohol that you have actually had (since many drivers do this) and you will find yourself being requested to perform field sobriety tests and the slightest misstep or failure to follow instructions is what the police officer is likely to use as a basis to require a breathalyzer test. One good way to avoid getting caught up in this, is by not violating any traffic laws. Police officers cannot just pull you over because you leave a bar at 2:00 a.m. They have to have a valid reason for pulling you over. In Nashville, it is common for police officers to patrol West End Avenue, 17th Avenue, 21st Avenue, Wedgewood Avenue, etc. in the early morning hours looking for persons having trouble driving under the 30 mph posted speed limit when there is very little traffic on the road. While speeding is not an indication of driving under the influence, it gives the officers a valid reason to pull you over. Other common reasons an officer might pull you over: driving on expired tags, driving without your lights on or with a headlight or taillight out, weaving, running a stop sign or red light, etc.

Continue reading "What Nashville (Davidson County Tennessee) Police Officers don't want you to know about avoiding a DUI" »

As Nashville celebrates the holiday season, the DUI Task Force rolls out over 50 checkpoints to tag drivers for DUI. From December 18 through January 3, law enforcement will sponsor increased numbers of checkpoints across the Middle Tennessee. Tennessee traffic statistics have argued that increasing checkpoints increases driver safety and helps get Nashville DUI drivers off the road.

With the increase of Nashville DUI checkpoints comes an increase of mistakes.

D.U.I. charges were dropped in twenty cases involving Chicago Police Officer Richard Fiorito. Fiorito is accused of making false DUI arrests. The dash cam videos from Fiorito's squad car were released Monday. Fiorito wrote in his police report that one arrested person staggered and could not do the walk-and-turn test.

However, the man's attorney disputed Fiorito's characterization after reviewing the video tape. "They're not pass-fail tests, but I would say he's passing," said April Preyar, a DUI defense attorney. The man's DUI charge was dismissed last week. More than 20 other DUI cases have also been dropped in recent weeks.

Nashville has not witnessed mass dismissal of D.U.I. charges yet. However, cases have been dismissed where the video tapes did not support the arresting officers justification for the initial stop. A judge found that the officer did not have justification to stop former Titans quarterback, Steve McNair, before his arrest for D.U.I.