Tennessee Criminal Lawyer Blog

Under Tennessee’s DUI law, it is unlawful for any person to drive any automobile or other motor driven vehicle on any public roads, alleys, or parking lots frequented by the public with a blood alcohol level of .08% or more. If you have been charged with this crime in Tennessee, it is essential that you get an experienced Knoxville DUI attorney to represent you.

The state’s DUI case is only as good as the evidence it has against you. In two parts, I will discuss two evidentiary issues the defendant in State v. Anderson brought on appeal from his DUI conviction in Tennessee.

In 2005, the Defendant, Michael R. Anderson, crashed a red Camaro into a tree. An officer arrived on the scene and after smelling alcohol, asked the defendant if he would volunteer to take a blood test at a local hospital. The defendant consented. The blood test revealed that defendant had a high concentration of alcohol in his system.

At trial, expert testimony and a blood test revealed a blood alcohol level of .21, which, according to the expert, was equivalent to 14 drinks consumed by a two-hundred pound man. And the blood test was taken approximately 2 hours after the accident! On this evidence, Mr. Anderson was convicted of DUI and sentenced to almost a year in jail.

On appeal, the defendant challenged the expert’s testimony upon proof that the expert had discussed aspects of the case with an officer/witness and a prosecutor during a court recess. Based on this fact, the defendant asserted that the state violated the rule of sequestration, which basically orders all persons not to discuss live trial testimony or exhibits with witnesses who have been excluded from hearing such live testimony.

Although the expert had been specifically excluded by the court, the court of appeals found that the expert was essential to the case, which according to a rule of evidence, means that the expert should not have been excluded from discussing live testimony. If, however, the witness had not been an expert or otherwise deemed non-essential, the case may have resulted in an acquittal.

Like many other procedural and evidentiary rules, witness sequestration was developed to protect the accused from bias that may arise in a witness when he or she observes live testimony or evidence in a judicial proceeding. When you have been charged with a crime, you will want an attorney who has the knowledge and the experience to protect your right to a fair trial. Call 866-853-2888 today to speak with the skilled Tennessee DUI defense attorneys at Baker Associates.