As most people know, a drunk driving charge is a serious offense that can have a lasting impact on a person's life, affecting everything from their ability to find employment to getting approved for credit and loans. But there is another issue that has become a major concern in Tennessee in recent years: whether it is unconstitutional for the state, specifically the Tennessee Bureau of Investigation, to be paid $250 for each CONVICTION that is obtained using their blood or breath test results. Below is a more in-depth exploration of this topic, which highlights the importance of hiring an experienced defense attorney in a Tennessee DUI case.

DUIs & Due Process

Due process of law is an accused person's right to be treated fairly through the normal processes and procedures of the judicial system without unfair bias or incentives. Tennessee law clearly allows the use of chemical testing results to determine a driver's blood-alcohol content. However, the Tennessee Bureau of Investigation, the law enforcement entity tasked with testing samples of blood of a DUI suspect, is paid $250 for each conviction. There is an inherit unfairness here in a fee system that rewards what should be a neutral party for providing test results favorable to the state prosecutors. 

The Tennessee Court of Criminal Appeals, Knoxville, recently found that the fee system in Tennessee Code Annotated section 55-10-413(f) violates the right of due process and the right to a fair trial because it creates an inherit bias, and further that it shifts the burden to the defendant to disprove the results by hiring an outside expert of their own to test the blood sample. This case is currently pending as of December 2018 with the Tennessee Supreme Court.

What to Do If You've Been Charged With a DUI in Tennessee

If you've been charged with a DUI in the state of Tennessee, it is imperative that you hire a defense attorney. We at Looney, Looney & Chadwell can build a defense for you and your charges could be dismissed on the technicality mentioned above or for other reasons discovered by an experienced defense attorney.

Explore the possibility of utilizing this defense by contacting the attorneys at Looney Looney & Chadwell PLLC. Since 1937, they have been representing Crossville, Tennessee, and Cumberland County residents in a variety of legal cases, including DUIs, family law matters, and estate planning. Call (931) 484-7569 or visit them online to schedule a consultation today.