A controversial Tennessee DUI law was recently overturned by the Knoxville Criminal Court of Appeals after being declared unconstitutional. Lawyers argued that adding a monetary incentive to a conviction would jeopardize the integrity of due process. The court ruled in their favor. Currently the Tennessee Bureau of Investigation (TBI) makes an estimated $3M annually on DUI tests (breathalyzers and blood tests). Under the current law, anyone who was found guilty of a DUI would have had to pay $250 for the test that got them convicted. DUI attorney Marcos Garza was interviewed by WATE6 in Knoxville and provided an explanation on the ruling.
Mr. Garza suggested that “if you currently have a DUI that’s pending and there’s a blood test result involved in that DUI, then there’s a strong argument based on this court of appeals decision that the blood test result ought to be suppressed.” If you’d like to schedule a free consultation to discuss your case, please contact us.