Tennessee Criminal Lawyer Blog

Knoxville DUI lawyers realize that a DUI charge can be intimidating, especially if you don't know a lot about Tennessee DUI law. Tennessee DUI lawyers can help you understand Tennessee law, and explain your rights and options. If you have questions about the automatic license suspension or the impact a DUI conviction might have on your insurance costs, you may want to talk with a Knoxville DUI lawyer.

You should not wait until your initial court appearance to start asking questions about your particular case. Contact a Knoxville DUI lawyer before you appear in court so that your Knoxville DUI attorney can gather important information he or she needs to make informed decisions about your case. A Tennessee DUI lawyer can assess your case from your point of view, and advise you on Tennessee DUI law as it applies to your situation.

If you have questions about the sentence you face including whether the mandatory jail time provisions apply to you, contact a Tennessee DUI lawyer. You may think that there's no way to successfully challenge a DUI charge, but Knoxville DUI lawyers know that many cases have weaknesses. These weaknesses often open doors to dismissals or acquittals. Any crack in the state’s case could create an opportunity for a Tennessee DUI lawyer to negotiate for reduced charges or a favorable plea bargain.

Take advantage of the opportunity to learn about your rights under Tennessee law before you take a step in any direction. Contact a Tennessee DUI attorney if you have been charged with DUI in East Tennessee. Our DUI attorneys handle DUI cases in Knoxville, Loudon, Maryville, Gatlinburg, Pigeon Forge, Sevierville, Newport, Johnson City, Chattanooga, Nashville, and Bristol.

Knoxville DUI attorneys understand that if you are charged with DUI for the first time, you are probably concerned and worried about your future. Our Knoxville DUI lawyers realize that Driving Under the Influence is typically not a crime involving malice. Many individuals charged with DUI are not familiar with the criminal justice system. The DUI laws and regulations are confusing and seem to change frequently.

Under Tennessee law, any person convicted for a first offense DUI shall be fined between $350 and $1,500. The court will prohibit a convicted person from driving a vehicle in the state of Tennessee for a period of one year. Tenn. Code Ann. § 55-10-403 (2007). A first offense DUI violation is a Class A misdemeanor. The jail time depends upon the circumstances surrounding the conviction.

If you are less than twenty-one years of age at the time of the offense, the court shall sentence you to confinement in the county jail or workhouse for a minimum of forty-eight hours to a maximum of eleven months and twenty-nine days incarceration. As a condition of probation, you must remove litter during daylight hours from state route highways or state-aid highways, for a period of twenty-four hours. The period of litter removal shall be served in three shifts of eight consecutive hours each.

If you are twenty-one years of age or older at the time of the offense, the court shall sentence you to confinement in the county jail or workhouse for not less than twenty-four hours nor more than eleven months and twenty-nine days. As a condition of probation, you must remove litter during daylight hours from state route highways or state-aid highways for a period of twenty-four hours. The period of litter removal shall be served in three shifts of eight consecutive hours each.

• If at the time of the offense the alcohol concentration in your blood or breath is twenty hundredths of one percent (.20%) or greater, the minimum period of confinement for you must be seven consecutive calendar days rather than forty-eight hours.

• If at the time of the offense, you were accompanied by a child under eighteen years of age, you must be punished by a mandatory minimum incarceration of thirty days and a mandatory minimum fine of one thousand dollars $1,000.

• If at the time of the offense, you were accompanied by a child under eighteen years of age, and the child suffers serious bodily injury as a result of the DUI, the violation is a Class D felony.

• If at the time of the offense, you were accompanied by a child under eighteen years of age, and the child is killed as a result of the DUI, the violation is a Class C felony.

Contact a Knoxville DUI lawyer to talk about the facts and circumstances surrounding your case. A Knoxville DUI attorney can discuss different legal avenues applicable to you. Our Knoxville attorneys handle DUI cases in Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Loudon, Maryville, and Newport.

Knoxville DUI lawyers are dedicated to fighting DUI cases. Our East Tennessee DUI attorneys are trained and educated in the different aspects of DUI defense. Our office maintains high standards of continuing education to bring our clients up-to-date scientific knowledge and legal skill to defend DUI cases all across East Tennessee. The preservation of your license and freedom is vital.

Underage Driving While Impaired is an offense in Tennessee that closely resembles DUI. Under Tennessee law, a person age sixteen or over but under age twenty-one may not drive or be in physical control of an automobile or other motor driven vehicle while:

• The alcohol concentration in the person's blood is more than two hundredths of one percent;
• Under the influence of alcohol;
• Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
• Under the combined influence of alcohol and any other drug to a degree which makes the person's driving ability impaired. Tenn. Code Ann. § 55-10-415 (2007).

It is usually not a defense to Underage Driving While Impaired that the individual under the influence of narcotic drugs or barbital drugs is or has been entitled to use such drugs under the laws of this state.

It is important to realize that the penalties for Underage Driving While Impaired and DUI are different. The offense of underage driving while impaired for a person age eighteen or over but under age twenty-one is a Class A misdemeanor punishable only by a driver license suspension of one year and by a fine of two hundred fifty dollars. As additional punishment, the court may impose public service work.

Underage Driving While Impaired for a person age sixteen or over but under the age of eighteen is considered to be a delinquent act. This is punishable only by a driver license suspension of one year and by a fine of two hundred fifty dollars. As additional punishment, the court may impose public service work.

If you or a loved one has been charged with Underage Driving While Impaired or DUI in the East Tennessee area, contact a Knoxville DUI lawyer. A Knoxville DUI attorney will discuss the legal aspects applicable in your case.

Knoxville DUI lawyers handle DUI cases across the East Tennessee area. If you are charged with DUI, contact one of our attorneys. Our DUI lawyers will examine the facts of your case and advise you on how to approach your particular situation. The crime of DUI is one of the most committed crimes in Tennessee and the United States today. DUI laws have stiffened over the years and the penalties exponentially increase with multiple DUI convictions.

DUI 2 is considered a Class A misdemeanor under Tennessee law. The period of confinement substantially increases compared to a DUI 1. If convicted, the offender must serve at least 45 days confinement up to 11 months and 29 days confinement in the county jail or workhouse. The difference between the time actually served and 11 months and 29 days must be served on probation.

The costs for a DUI 2 are expensive. Besides expensive court costs, DUI 2 is punishable by fine between $600 and $3,500. In addition, if you are convicted you will lose your license for a period of two years. A second offender may also forfeit his or her vehicle and be subject to an ignition lock device.

DUI is unusual in that people from all walks of life tend to commit the offense. If you are charged with DUI, it is important to contact an experienced DUI attorney. Our firm defends clients charge with DUI in Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Newport, Maryville, Loudon, and Morristown.

Knoxville DUI lawyers know the seriousness of any DUI conviction. The consequences include jail time, loss of your license, and expensive fines and court fees. If you are charged with DUI in the East Tennessee area, contact a Knoxville DUI attorney. One of our DUI lawyers will assess your case, and discuss options for moving forward.

The penalties for subsequent DUI convictions increase tremendously. Previous blogs have discussed the penalties for a first DUI offense. A DUI 3 carries the harshest DUI penalties under misdemeanor DUI law. If a person receives a DUI 4 within the requisite time period, it is considered a felony under Tennessee law.

The third conviction of DUI in Tennessee is still considered to be a Class A misdemeanor. The mandatory minimum incarceration period is 120 days up to 11 months and 29 days. The difference between the time actually served and 11 months and 29 days must be served on probation according to the statute. DUI 3 carries stiff fines as well. DUI 3 is punishable by fine of $1,100 to $10,000. In addition, an individual convicted of DUI 3 will lose his or her license between 3 and 10 years. Besides heavy fines and jail time, a convicted individual is subject to forfeiture of his or her automobile, and an ignition interlock device.

A third DUI conviction within the requisite time will have HMVO (Habitual Motor Vehicle Offender) implications. Contact a Knoxville DUI lawyer to discuss your case further. All initial consultations are free. Our DUI attorneys handle DUI cases in Knoxville, Gatlinburg, Pigeon Forge, Sevierville, Morristown, Dandridge, Maryville, and Newport.

Tennessee criminal lawyers defense lawyers know that the birth of each New Year is a time for celebration for many Americans. New Year’s Eve and New Years Day is customarily a big holiday for going out, visiting friends and family, and watching football. With so many people celebrating, law enforcement agencies closely monitor the public. The police will pay special attention to different types of alcohol related crimes in East Tennessee such as DUI, underage consumption, and public intoxication.

The public drunkenness statutes across the nation vary significantly in each jurisdiction. Tennessee has a public intoxication statute to protect not only the offender from danger, but also to protect the public from the offender. Under Tennessee law, a person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance or any other intoxicating substance to the degree that:

• The offender may be endangered;
• There is endangerment to other persons or property; or
• The offender unreasonably annoys people in the vicinity. Tenn. Code Ann. § 39-17-310 (2007).

Unless committed publicly, drunkenness is not a crime or a punishable offense. The offense of public intoxication is considered to be a Class C misdemeanor, the lowest level of misdemeanor in terms of seriousness. Class C misdemeanors in Tennessee are punishable as a maximum of thirty days incarceration, or a fine not to exceed fifty dollars, or both.

If you are charged with public intoxication, or any other alcohol related crime, contact a criminal defense attorney. Our criminal defense attorneys handle public intoxication charges in Knoxville, Gatlinburg, Sevierville, Morristown, Maryville, Newport, and Johnson City.

Knoxville DUI lawyers help individuals charged with DUI in the East Tennessee area. Depending on the circumstances, an individual convicted of DUI in Tennessee must participate in litter removal. Many individuals have questions concerning the circumstances and conditions of litter removal.

If the offender is a resident of Tennessee, the litter removal portion of the sentence shall occur in the offender's county of residence according to Tennessee law. If the offender is not a resident of Tennessee, the litter removal portion of the sentence shall occur in the county where the violation occurred.

In order to reimburse the sheriff for costs related to the supervision of the offender while on a litter removal work crew, the offender shall pay to the sheriff a fee equivalent to the jailer's fee for misdemeanants for each day the offender participates in a litter removal program. The fee must be received by the sheriff before the sheriff certifies that the offender has completed this condition of probation.

Upon request, the sheriff shall provide the offender with a schedule of the times and dates when litter removal crews will be working. Crews shall only be scheduled to work during daylight hours and only on state route highways or state-aid highways. The sheriff should attempt to provide enough opportunities to work on a litter removal crew that an offender may complete the required three days of litter removal within a ninety-day period. Offenders may work with other prisoners on litter removal crews organized by the county or a municipality within the county.

The offender shall notify the sheriff not less than twenty-four hours in advance of a scheduled work date to indicate that the offender desires to participate. The sheriff, in the sheriff's discretion, may set a maximum number of participants on a work crew and allow participation on a first-come, first-serve basis. The offender is responsible for arranging transportation to and from the work site or other location where the sheriff directs offenders to report. Except for the vest discussed below, offenders are also responsible for furnishing their own clothing and food while engaged in litter removal.

Each offender ordered to remove litter shall be required to wear a blaze orange or other distinctively colored vest with the words "I AM A DRUNK DRIVER" stenciled or otherwise written on the back of the vest, in letters no less than four inches in height.

It shall be within the discretion of the sheriff to select the state route highways or state-aid highways from which offenders remove litter. If the highway selected is a state route highway, the department of transportation shall provide a truck or trucks to remove the litter removed by the offenders. If the highway selected is a state-aid highway, the appropriate county shall provide a truck or trucks to remove the litter removed by the offenders. Tenn. Code Ann. § 55-10-403 (2007).

If you have been charged with DUI in East Tennessee, contact a DUI lawyer. Our offices handle DUI charges in Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Newport, Maryville, and Loudon.

Tennessee homicide attorneys provide aggressive representation for clients charged with any of the eight homicide offenses recognized in Tennessee. The penalty for any homicide crime is significant. Tennessee homicide lawyers understand how important these charges are and will fight for you at every stage of the legal proceeding.

Many negative connotations are associated with the word homicide. Not all homicides are committed with malicious intent. This is often the case in vehicular homicide cases. According to Tennessee law, vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:

• Conduct creating a substantial risk of death or serious bodily injury to a person;
• As the proximate result of conduct constituting the offense of drag racing; or
• By the driver's intoxication. Intoxication includes alcohol intoxication, drug intoxication, or both.

Vehicular homicide under the first two bullets is considered to be a Class C felony. Vehicular homicide under the last bullet is a Class B felony. Not only does the accused face jail time, the court will take away driving privileges if convicted of a vehicular homicide charge. The court shall prohibit a defendant convicted of vehicular homicide from driving a vehicle in Tennessee for no less than three years or more than ten years. Tenn. Code Ann. § 39-13-213 (2007).

Vehicular homicide can become aggravated in certain circumstances. Aggravated vehicular homicide is vehicular homicide, as discussed above where:

• The defendant has two or more prior convictions for:
A) DUI; B)Vehicular assault; C) or a combination of the two.
• The defendant has one or more prior convictions for the offense of vehicular homicide; or
• There was, at the time of the offense, .20% or more, by weight of alcohol in the defendant's blood and the defendant has one prior conviction for:
A) DUI; or B) Vehicular assault.

The term prior conviction here means an offense for which the defendant was convicted prior to the commission of the instant vehicular homicide and includes convictions occurring prior to July 1, 1996. The term prior conviction could also include convictions under the laws of another state, government, or country depending upon the circumstances.

Aggravated vehicular homicide is a serious charge in Tennessee. It is a Class A felony, the highest level of felonies. If you are charged with vehicular homicide, aggravated vehicular homicide, or another homicide charge, contact a Tennessee homicide lawyer. Tennessee homicide attorneys assist clients in the Knoxville, Sevierville, Johnson City, Greenville, Maryville, Bristol, and Kingsport areas.

DUI laws in Tennessee are vast, complex, and technical. A conviction can affect your license, employment, and reputation with your family and community. If you are charged with a DUI or DWI, in the Knoxville, Gatlinburg, Sevierville, or Pigeon Forge areas, then you should contact a Tennessee DUI lawyer. Tennessee DUI attorneys can guide you through the intricate procedural maze of criminal law and force the state to prove its heavy burden under Tennessee law and the United States Constitution. People seemed to be confused about how much a person can drink before he or she is legally allowed to drive in the state of Tennessee. So, can a person legally drive if he or she has had only one drink? The short answer is maybe.

Under Tennessee law, it is unlawful for any person to drive or be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises which is generally frequented by the public at large, while:

• The alcohol concentration in such person's blood or breath is eight-hundredths of one percent (.08 %) or more; or
• Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system. Tenn. Code Ann. § 55-10-401 (2007).

There are two different avenues the state may pursue to obtain a driving under the influence (DUI) conviction. To find a person guilty under the first definition above, the state must prove beyond a reasonable doubt that the person's blood alcohol content (BAC) equaled or exceeded .08 % at the time he or she drove on public roads. Every state has a different blood alcohol level that constitutes drunk driving so there in not uniformity across state lines. In fact, special interest groups like Mothers Against Drunk Driving (MADD) have successfully lobbied the state legislature into lowering what BAC constitutes DUI in Tennessee.

The state may also pursue a DUI conviction under the second definition. The second definition is completely independent of the first definition. This definition does not refer to any particular BAC. Instead, it focuses on whether the person is “under the influence” of alcohol or a drug while driving on public roads. If the person's driving is impaired by the consumption of alcohol, he or she can be found guilty of DUI.

Instead of presenting BAC evidence to the judge or jury, the prosecution usually admits evidence about the person's driving and alcohol consumption. Witnesses such as police officers describe the illegal driving behavior that caused the vehicle to be pulled over. The state usually presents evidence that the person was not able to perform field sobriety tests. Testimony from other witnesses may be given about how much the person had to drink that day. If the state proves that the person was “driving under the influence” beyond a reasonable doubt, then a person may be convicted for DUI in Tennessee. Alcohol influences all people differently. A person’s impairment for each drink depends upon numerous factors including body weight, how much food was consumed that day, and strength of the drink. If a smaller person becomes impaired due to one drink, then he or she might not be capabe of driving under the statute. If you are charged with DUI in East Knoxville DUI lawyerTennessee, contact a for more information.
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Tennessee Attorneys understand that underage consumption is one activity in Tennessee and across the nation that will persist no matter what the warnings or penalties. In Knoxville, most college students at the University of Tennessee do not turn 21 until their junior or sometimes senior year. However, most college freshmen and sophomores have numerous and frequent experiences with alcohol. Whether it’s tailgating at a University of Tennessee football home game, having mixers with other sororities or fraternities, drinking on the strip, or simply hanging out with friends in the dorm or the apartment, alcohol will always be drunk by people under the age of 21.

There is much scholarly debate as to whether underage consumption should even be a crime for individuals 18 or older. On the one side, alcohol is usually a contributing factor in a young person’s premature death. This is sometimes caused by alcohol poisoning. Other times, it is the young person’s mistake of getting behind the wheel of an automobile and hurting either himself or someone else. People argue that 18 year olds are too immature to handle the affects of alcohol - that is, people say that it’s too much responsibility for an 18 or 19 year old to have.

On the other side, if 18 year olds are mature enough to vote, serve on juries, and die for their county in the military, then people say that they are mature enough to make the correct decisions regarding alcohol. Nevertheless, underage consumption is illegal in the state of Tennessee. According to state law, it is unlawful for any person in Tennessee under the age of twenty-one to purchase, possess, transport or consume alcoholic beverages, wine, or beer. There are two important exceptions to this law:

• Any person eighteen years of age or older may transport, possess, sell, or dispense alcoholic beverages, wine, or beer in the course of such person's employment; and

• Any such priest or minister may utilize and administer alcohol or wine at a communion service, bat mitzvah, bar mitzvah, or other similar religious service or ceremony, in accordance with the practices of such denomination or sect. Tenn. Code Ann. §1-3-113 (2007).

Underage consumption carries stiff penalties in Tennessee. It is considered to be a Class A misdemeanor, the highest level of the three misdemeanors. If you are convicted, you could serve a sentence of up to eleven months and twenty-nine days and a fine up to two thousand five hundred dollars. If you are charged with underage consumption in the Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Maryville, or Johnson City area, it is important to contact a Tennessee Criminal Attorney. We understand the procedures and heavy burdens that the state must prove to convict you of this charge.

Knoxville DUI attorneys understand the significance of a DUI charge in Tennessee. DUI laws in Tennessee and across the U.S. are constantly changing and everyone is vulnerable. When George W. Bush was thirty years old, he pleading guilty to a driving offense involving alcohol in Kennebunkport, Maine. In September of 1976, a police officer pulled Bush's car to the side of the road because Bush was driving too slowly after consuming a number of beers. His blood-alcohol content was determined to be 0.10, the legal limit at the time.

Bush simply paid a $150.00 fine and his driving privileges were suspended for one month in Maine. If the most powerful man in the western free-world got into trouble with drinking and driving, then so can your average American. Often, these crimes do not involve malice and are not of moral turpitude. Usually, the standard American simply makes a costly mistake. However, DUI penalties are very stiff in Tennessee and across the nation today.

The laws have changed significantly since the mid 1970’s. Special interests groups like M.A.D.D. (Mothers Against Drunk Drivers) have successfully lobbied and harsher punishments have been enumerated for alcohol-related driving offenses. Publicly elected lawmakers are not likely to turn down legislation maintaining the safety of Tennessee’s roads. This is especially true considering who the legislation would be protecting if legislation is indeed turned down.

In spite of the harsh penalties and negativity associated with drunk drivers, there are ways one charged with an alcohol-related driving offense can fight back. If you are facing a charge of Driving Under the Influence in the Knoxville, Sevierville, Pigeon Forge, or Gatlinburg area, it’s important for you to understand the long-term implications of a conviction. A Tennessee DUI Attorney can help you deal with your legal options and bring your situation to the best resolution possible for you and your family.

Alcohol, University of Tennessee football and enthusiastic fans are all classic elements of football season in Tennessee. However, as our Tennessee criminal attorneys know, the wrong combination of those elements can lead to criminal charges such as disorderly conduct, public intoxication and underage consumption. Three University of Tennessee football players dealt with the Tennessee courts after being charged with underage consumption and disorderly conduct in November of 2006. The charges were related to events that occurred the night following a football game. http://sports.espn.go.com/ncf/news/story?id=2650347.

Underage consumption occurs when any person under the age of twenty-one consumes alcohol. In the experience of our Tennessee criminal attorneys, criminal charges can result when a person under twenty-one years of age transports alcohol. An exception exists if the person is over eighteen years old and is transporting the alcohol in the course of their employment. Underage consumption is a Class A misdemeanor. Conviction can carry a sentence of up to eleven months and twenty-nine days and a fine up to two thousand five hundred dollars.

The recently charged UT football players faced charges of underage consumption as well as disorderly conduct. Our Tennessee criminal attorneys find that this combination of charges is very common. Disorderly conduct occurs when a person engages in fighting or violent and threatening behavior in a public place. Our Tennessee attorneys also find that refusal to obey an official order to disperse in the case of an emergency can result in a charge of disorderly conduct. Additionally, unreasonable noise that prevents others from carrying on lawful activities is disorderly conduct.

Often, those facing underage consumption and disorderly conduct charges may also be charged with public intoxication. Our criminal attorneys also frequently represent clients facing charges of public intoxication. Our Tennessee criminal attorneys find that public intoxication charges may result when a person appears in a public place under the influence of a controlled substance or other intoxication substance. The person must be intoxicated to the point where he or she is endangering himself or herself or others in the vicinity. Additionally, public intoxication charges may result when a person is publicly intoxicated enough to annoy other persons in the vicinity. Disorderly conduct and public intoxication is a Class C misdemeanor and can result in a sentence of up to 30 days in jail and a fine of fifty ($50.00) dollars.

Our Tennessee criminal attorneys understand that any criminal charges can have long-lasting effects on you and your family. It’s very important to find an experienced Tennessee criminal attorney to protect your rights. Our Tennessee criminal attorneys will conduct a thorough investigation of your case and actively pursue the best possible resolution for you and your family.

A Tennessee DUI Attorney entered a not-guilty plea to DUI charges for former State Senator Kathryn Bowers on September 21. The charges stemmed from an incident on August 31, when police said Senator Bowers sideswiped a UPS truck.

Bowers' attorney stated that Bowers had recently changed her blood pressure medication and he would like to see the charge dismissed. Bowers won the Democractice primary for re-election on August 3 but resigned from office earlier this month, citing health problems.

Bowers is also facing federal bribery charges related to the Tennessee Waltz Investigation. She is scheduled for trial in those charges in April. Bowers is one of eleven people facing charges in the Tennessee Waltz Investigation which came to public attention in May 2005 after an extensive sting operation. Five former state officials are among those facing charges of bribery and corruption.

Sources:knoxnews.com, wbir.com

Tennessee DUI Laws could get tougher for anyone pulled over on suspicion of drunk driving.

The AAA Club is lobbying for a law that would allow the Department of Safety to revoke your license if you fail or refuse to take a blood or breathalyzer test. Under the proposal, if you're pulled over, the officer takes your license and gives you a substitute that is good for 10 days. During the 10 day period you would be afforded a hearing on the revocation.

The Department of Safety would hold your license until that period expires, at which point they decide whether or not to suspend your license.

A spokesperson from AAA was quoted as saying the immediate license revocation, "has shown in 40 states to reduce drunk driving deaths and injuries. It has been shown as an effective counter measure to drunk driving, it's been shown as an effective deterrent to drunk driving." AAA has been pushing the administrative license revocation law since the early 90's.

The erosion of the accused's rights when dealing with allegations of a DUI charge seems to never end. What other criminal offense requires self-incrimination without the right to consult with an attorney?

A Tennessee DUI slogan is drawing criticism from national organizations. Mother's against drunk driving believes the National Highway Traffic Safety Administration's new slogan, "Drunk Driving. Over the Limit. Under Arrest," is sending the wrong message to drivers.
MADD argues that the slogan suggests that drinking and driving is OK as long as drivers don't exceed .08 percent blood alcohol content, the limit at which a driver is presumed drunk under Tennessee law.

Tennessee DUI law was changed in 2003 lowering the presumption of an impaired state from .10 to .08. "We shouldn't lull driver's into thinking it's OK to drive right up to that limit," a MADD spokesperson said. "It shouldn't be .07, you're not drunk, and as soon as you hit the magic number .08, you are."

A Tennessee-based advertising firm, The Tombras Group, compiled 500 possible replacement slogans by brainstorming, searching the Internet and polling states and the American Beverage Institute, said Alice Mathews, senior vice president for Tombras.

A narrowed list of 40 slogans went before focus groups, which whittled the list down to "Drunk Driving. Over the Limit. Under Arrest" and "Drunk driving. Do the crime. Do the time." U.S. Transportation Secretary Maria Cino made the final decision.