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Man Arrested in Nashville for Fifth DUI

A man was arrested for his fifth offense of driving under the influence in Nashville. According to the police report, Dennis Smith, 52, was involved in a car accident that morning and when police arrived they smelled alcohol on him. Mr. Smith admitted to drinking five or six beers, and officers found two open cans of beer in his vehicle.

Mr. Smith was slurring his speech and was unsteady on his feet when talking to the police. He had previously been convicted of four separate charges of driving under the influence (DUI), which requires a mandatory blood draw. Mr. Smith refused to participate in the blood draw and claimed that he could not perform the sobriety tests because of problems with his back.

He was charged by Davidson County officers with his fifth offense for driving under the influence and implied consent. The judge in his case assigned bond for Mr. Smith at $51,000.

Tennessee Drunk Driving Accidents

According to the Tennessee Department of Safety and Homeland Security, as of the end of last September there had been a total of 4,568 reported accidents in Tennessee that happened because of drunk driving. Of those, 416 accidents happened in Davidson County alone.

Drivers that are drunk or impaired because of drugs are unable to drive safely, pay attention, or react quickly to situations that arise on the roads. A person’s gender, age, weight, and the number of drinks consumed can all have an effect on how much alcohol will affect driving. Even after only a couple of drinks, all of the following can be impaired while behind the wheel:

  • Attention
  • Concentration
  • Information Processing
  • Judgment
  • Motor Skills
  • Perception
  • Reaction Time
  • Tracking
  • Vision

Tennessee Dram Shop Law

Tennessee has passed laws that can make the owner of a bar, restaurant, or other establishment responsible for selling alcohol to an individual that later causes injuries or death to another person while intoxicated from that alcohol. Section 57-10-101 of Tennessee law states that “the consumption of any alcoholic beverage or beer rather than the furnishing of any alcoholic beverage or beer is the proximate cause of injuries inflicted upon another by an intoxicated person.” In addition, Section 57-10-102 states that a bar, retailer, or restaurant can be held liable if they either:

  • Sold the alcoholic beverage or beer to a person known to be under the age of 21 years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold, or
  • Sold the alcoholic beverage or beer to a visibly intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold

Call a Nashville Lawyer Today

If you or someone that you know has been injured by a drunk driver in the Nashville area, you may have a claim against the driver and the establishments that served him. Let the experienced lawyers at Calhoun Law, PLC help you get the compensation that you deserve. Call or contact the office today for a free and confidential consultation of your case.

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