Tennessee Appeals Court Rules Some DUI Fees Unconstitutional

In early February, the Tennessee court of appeals made a decision that could affect many people charged with driving under the influence (DUI). The ruling, State of Tennessee v. Rosemary L. Decosimo, stated that Tennessee’s law requiring that every person convicted of a DUI via blood or breath tests pay a $250 fee to the Tennessee Bureau of Investigation (TBI) is unconstitutional. Initially, in 2005, the “DUI fee” was set at $100, but in 2010, the fee was raised to $250.

Under this system, the TBI processes evidence collected in suspected DUI stops. They receive $250 compensation when they find evidence of a crime—which is where, in the eyes of the court, the conflict of interest comes in. The TBI only receives payment when results lead to conviction, rather than receiving payment for delivering impartial results, whether the person is convicted or not.

Further, the TBI depends on these payments for much of its budget. The fees from DUI convictions total about $3 million each year, which is a good incentive for more positive convictions. Of course, most law enforcement are genuinely good people, but there should be no signs of impropriety when dealing with the results of a blood test. The current system gives the TBI a financial incentive to score more convictions rather than produce unbiased results.

With this ruling, it’s possible that people with pending DUI tests may have a more defendable case in court. However, the state plans to appeal the ruling. If you have been charged with a DUI in Tennessee, you should consult with one of our attorneys as soon as possible to find out your options.

DUI in Tennessee

In Tennessee, depending on your unique situation, the consequences for DUI can include the following:

• Hefty fines, including penalties and court fees
• Jail time, depending on level of intoxication
• Suspension of driver’s license
• Alcohol and/or drug treatment programs
• Ignition interlock device installation on your vehicle

At the Law Offices of Adrian H. Altshuler & Associates, our skilled DUI defense attorneys will fight the charges against you. Our lawyers have years of experience with many successful outcomes in court, and aggressively advocate for you. We have offices in the Franklin, Brentwood, and Columbia areas. Call us at 615-977-9370 or contact us today.