Tag: DUI

The Criminal Court of Appeals in Knoxville ruled Tuesday that Tennessee’s state law requiring every person convicted of a DUI via blood or breath tests pay a $250 fee to the Tennessee Bureau of Investigation is unconstitutional. According to the 28-page decision, the fee violates due process and puts into question the integrity of the TBI forensic department’s test results, which receives the monies into its ‘Intoxicant Testing Fund.’ The fee system, the ruling says, creates a monetary incentive for forensic scientists through continued employment, salaries, equipment and training. In addition to the named defendant, Rosemary L. Decosimo, some 20 individuals joined the case, all of whom were charged with DUIs after they provided blood or breath samples, and each would have been subject to paying the $250 fee if convicted. “While we acknowledge that TBI forensic scientists could lose their jobs if they falsify test results and these falsifications are discovered, we also recognize that forensic scientists would most certainly lose their jobs if funding for their positions disappears, a result of which these forensic scientists are no doubt well aware,” the opinion states. Initially, in 2005, the “DUI fee” was set at $100, but in 2010, the fee was raised to…