In February of 2018, the Court of Criminal Appeals in Knoxville made a shocking decision when it ruled that a state law which gave the Tennessee Bureau of Investigation (TBI) $250 for each DUI conviction acquired through alcohol or blood tests was unconstitutional. The $250 came in the form of a charge on a person’s court fees if he/she was convicted of a DUI. People who were found not guilty did not have to pay the fee.
The law was deemed unconstitutional because it was believed that such a fine gave the TBI an incentive to convict people arrested for DUIs. This line of thinking subsequently called into question the integrity of the TBI’s forensic scientists with some believing that employees may be tampering with test results. The decision was initially seen as a good thing for DUI defendants. However, the ruling could potentially be overturned.
Last month, the state attorney filed an appeal on the grounds that it could negatively impact future DUI convictions across Tennessee. According to local news outlet, WKRN, General Herbert Slattery III stated: “the need for expeditious review is urgent because the court's decision creates uncertainty-if not chaos-about the State's enforcement of criminal laws involving forensic testing for alcohol and drugs." While there is currently no court date for the trial, a decision in either direction would be monumental.
What to Do if You’re Facing a DUI Conviction
Dealing with a DUI can be stressful, and it’s not something that you should have to go through alone. If you find yourself facing a DUI conviction, it’s important to understand that you have options. While a DUI conviction is serious, it’s not the end of the world. By contacting an attorney immediately, you can gain a better understanding of your rights and the consequences you may face. A DUI conviction can result in a suspended license, jail time, or other repercussions. A talented attorney may be able to lessen the impact of a DUI arrest. An attorney with experience handling DUI cases will have the knowledge to guide you through the process and represent you in court should your case go to trial.
Are you facing a DUI conviction, or do you know someone who is? Take the first step to getting the situation under control by reaching out to a legal professional.
Attorney, Brian Lee Nash has nearly a decade of experience working with a wide range of clients. He brings a vast amount of knowledge, drive, and determination to every case he works with. If you need to speak with legal counsel regarding a recent DUI arrest, contact Nash Law, PLLC today at 615-628-7555.
This article was written by the author on behalf of Nash Law, PLLC.