Drunk driving has continued to be a serious issue in the state of Tennessee. In fact, there were 7,332 alcohol-impaired driving crashes in 2020 alone. The Tennessee Highway Patrol also states that crashes involving impaired drivers are 14 times more likely to result in at least one fatality, leaving families shattered and communities reeling from the aftermath. In recent years, the state of Tennessee has been more persistent in its commitment to crack down on this dangerous behavior.
In response to this ongoing challenge, the state of Tennessee has amplified its commitment to crack down on this dangerous behavior. Recognizing the need for stronger enforcement and deterrents, lawmakers and law enforcement agencies have joined forces to tackle the issue head-on by implementing new laws that criminalize various activities related to impaired driving. By expanding the scope of punishable behaviors, Knoxville and other surrounding cities aim to create a strong deterrent and hold individuals accountable for their actions.
Knowingly providing a vehicle to someone under the influence
In a significant move to enhance accountability and prevent drunk driving incidents, Tennessee has been enacted. After the Silas’ family’s car was struck by a drunk driver, a pregnant passenger lost baby Silas just 50 hours before the birth. In honor of the baby, a new law was named after it and passed. Taking effect in July, the Silas Gable Flatt Law makes it illegal to knowingly provide a vehicle to someone who is under the influence of drugs or alcohol or provide a vehicle to someone whose driver’s license has been suspended or revoked due to an alcohol or drug-related driving offense. The purpose of this law is to hold individuals responsible for their actions and discourage the dangerous practice of enabling drunk driving.
Under the provisions of this law, committing either offense is considered a Class A misdemeanor. The law also establishes minimum mandatory sentences for offenders based on the number of violations:
- First violation – Minimum of 48 hours of incarceration.
- Second violation – Minimum of 72 hours of incarceration.
- Third violation – Minimum of 7 consecutive days of incarceration.
Stepping up after a parent’s death
In an effort to help individuals who drove under the influence take more accountability after taking a life, there is another new law that passed last summer. Ethan’s, Hailey’s, and Bentley’s Law was named after the children whose parents were killed in drunk driving accidents. Under this law, a defendant, if convicted, is required to pay child support to each of the deceased victim’s surviving children until they each turn 18 years old. By requiring defendants convicted of vehicular homicide or aggravated vehicular homicide to pay child maintenance, the law aims to alleviate the financial burden on the children left behind. It recognizes the importance of providing for the well-being and future of these children, especially when their parent’s life was tragically taken by an impaired driver.
The court will determine the amount of monthly child support needed by considering:
- Child’s financial needs and resources
- Surviving parent’s or guardian’s financial needs and resources, including the state if the child is under their care
- Child’s accustomed standard of living
The importance of a Knoxville DUI defense lawyer
Facing a charge as serious as a DUI in Knoxville, is terrifying—especially if you accidentally hurt or killed someone else. With the newest law in Tennessee, it can be even scarier facing this charge if you weren’t even the one behind the wheel and just lent your car to a friend. Luckily, a highly skilled and experienced DUI defense lawyer might be able to help. DUI cases are complex legal matters that require a nuanced understanding of the DUI laws and the specific procedures involved.
DUI laws are constantly evolving, with new precedents and regulations emerging regularly. A seasoned Knoxville DUI defense lawyer possesses the expertise to stay on top of these developments, ensuring they are well-versed in the latest legal strategies and defenses. Their specialized knowledge enables them to analyze the details of your case, identify potential loopholes, and craft a robust defense tailored to your specific circumstances. They can:
- Assess the validity of field sobriety tests
- Scrutinize breathalyzer results for accuracy and reliability
- Examine blood alcohol concentration (BAC) measurements for any inconsistencies or potential errors
- Identify procedural errors or technical discrepancies that could make the evidence inadmissible or unreliable in court proceedings
The state of Tennessee is continuing to make strides in combating the serious issue of drunk driving. With new laws in place, such as the Silas Gable Flatt Law and Ethan’s, Hailey’s, and Bentley’s Law, Knoxville is trying its best to hold offenders accountable and ensure justice for victims and their families. These laws serve as powerful deterrents and send a clear message that the devastating consequences of driving under the influence will not be tolerated.
When facing a DUI charge, it is essential to seek legal representation from a skilled Knoxville DUI defense lawyer. Our skilled attorneys at Banks & Jones bring specialized knowledge and expertise in DUI defense, allowing us to navigate the complexities of the legal system effectively. We can help mitigate the potential consequences that individuals may face, diligently analyzing the details of the case, evaluating the admissibility of evidence, and crafting a robust defense strategy. With refined negotiation skills, we may even be able to pursue alternative sentencing options or reduced charges. Remember, the right legal representation can make all the difference in achieving the best possible outcome of your individual case. Contact us today for a free evaluation by calling or filling out our contact form.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
Read more about T.Scott Jones