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Blood Alcohol Tests Archives

Judge finds driver's license revocation law unconstitutional

Up until recently, Tennessee drivers with unpaid court costs often faced having their driver's licenses revoked. By taking away the ability to drive, individuals faced substantial economic disadvantages, affecting their ability to work and engage in ordinary lawful activities and many were unable to get their licenses back. If that wasn't bad enough, drivers often had no notice that the potential penalty existed for not paying court costs. However, a Tennessee federal court has determined that it is unconstitutional to revoke licenses simply on a person's inability to pay court costs or fines.

Landmark DUI fee case headed to TN Supreme Court

A landmark DUI fee case our attorneys have spent years litigating is heading to the Tennessee Supreme Court later this month. The case centers around a $250 "incentive" paid to the Tennessee Bureau of Investigation (TBI) for each successful DUI prosecution in Tennessee in which a blood or breath test was used. Our attorneys argued - and the Tennessee Court of Criminal Appeals agreed - that the fee arrangement provided an incentive for the TBI to produce BAC results that would lead to convictions.

TN legislature passes funding fix after DUI conviction challenge

Earlier this year, a previous post discussed the controversial investigative/legislative initiative that provided additional funding for every successful drunk driving prosecution. Back in February, the Tennessee Criminal Court of Appeals ruled, in a case argued by three of our own attorneys, that the fee arrangement (which provided a "bounty" of $250 to the Tennessee Bureau of Investigation (TBI) per DUI conviction) was unconstitutional. The case is currently heading to the Tennessee Supreme Court for review and a potentially precedent-setting verdict.

Retesting DUI samples for drugs can snare prescription drug users

Recent news concerning law enforcement procedures in DUI cases has been quite troubling. The Times Free Press recently reported that police and prosecutors routinely ask for drug testing when a DUI suspect's blood sample comes back within the legal limit. The problem is that prosecutors sometimes charge ordinary prescription drug users with DUI after tests indicate the presence of these legal drugs.

Scientific panel says that states should lower DUI alcohol limit to 0.05

The National Highway Traffic Safety Administration commissioned a report by a panel of the National Academies of Sciences, Engineering and Medicine on what strategies for reducing drunk driving have been shown to be effective. The main goal, of course, was to reduce the 10,000 drunk driving deaths that occur each year in the United States.

What more should you know about blood/breath tests in Tennessee?

The fact alone that we have spent at least three blog posts discussion Tennessee's implied consent laws should tell you something: the law is complex, and an experienced DUI defense lawyer is important to have by your side when facing an arrest or charge. 

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