Whenever we meet a potential client for a DUI consultation, one of the first questions we ask is, "Did you give them breath or blood?" The second is, "Is that blood or breath test the basis for the case against you?" The answer to those questions usually sends us down a path in which the BAC (Blood Alcohol Content) plays a major role in determining the outcome of the case. Until very recently, the blood sample taken from DUI defendants was sent to the TBI to be tested, and just two weeks ago, the Tennessee Court of Criminal Appeals delivered a stunning opinion about that system in State of Tennessee vs. Rosemary L. Decosimo:
As you can see from the above segment, TBI receives money from defendants who are convicted of DUI, but would not receive any money from someone who was found Not Guilty. This is a clear violation of Due Process rights and litigation is currently pending to determine whether or not this ruling will stand.
Moving forward, there is a similar question about Metro Nashville's procedures, which are similar to the TBI's procedures and may also be illegal. If you have a DUI case pending, or have recently had a DUI case that hinged on the results of a blood or breath test, call us. The attorneys at Eastside Legal have read the case thoroughly and look forward to talking to you about how this ruling might affect your case.