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BAC Level is not Dispositive in Tennessee

By Baker Associates

A recent Tennessee Court of Criminal Appeals decision interpreted Tennessee?s DUI statute in a way that may prove confusing in the future. In the case, styled State v. Wright, the defendant was convicted of DUI based on the evidence that the officer saw him swerve over the center line of the road three times, the defendant approached a stop sign and turned left without stopping, the officer detected the odor of alcohol when she approached the vehicle, that defendant needed support when he exited the vehicle, and that the defendant failed all five field sobriety tests. Despite this, the defendant?s BAC level was only .03%, well below the legal limit of .08%. The court held that although the defendant?s BAC level was not sufficient to give rise to the legal inference that the defendant was driving under the influence, the evidence nevertheless supported a finding that the defendant was guilty of DUI...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on February 02, 2010 (boomark / email).