As local attorneys grapple with a controversial ruling that threw hundreds of DUI cases into limbo, Tennessee’s top prosecutors said Monday they’re going to appeal the decision as soon as possible to the highest court in the state.
The Criminal Court of Appeals ruled last week the Tennessee Bureau of Investigation was overseeing an “unconstitutional” fee system that only required defendants pay a $250 blood test fee upon their conviction.
Because of that ruling, which stems from a 2012 DUI case in Chattanooga, many attorneys believe Tennessee courts can’t allow blood or breathalyzer testing into evidence in DUI cases as long as TBI’s crime lab continues to receive the fee. They say the fee serves as a conflict of interest that brings the testing results into question.
And in Chattanooga’s criminal courts, the ruling is already making waves: At least two defense attorneys filed motions Monday to throw out blood tests in pending DUIs, and several others are drafting similar requests in upwards of 50 cases.
DUI cases are more challenging for prosecutors to win without blood tests in evidence. And since last week’s ruling has the potential to upend thousands of cases beyond Chattanooga, the Tennessee Attorney General’s Office plans to file a quick appeal to the Tennessee Supreme Court before its 60-day time limit is up.