In Tennessee DUI cases, a blood alcohol amount can be reported in blood alcohol level or blood alcohol levels. In blood cases, the Tennessee Bureau of Investigation has to generate a report. It must contain the following information pursuant to Tennessee Code annotated 55-10-408 (b).
1.The name of the accused.
2.The date, time and by whom the specimen was received and examined.
3.A statement of the alcohol concentration or presence of drugs contained in the specimen.
Normally, I don't review this statute often. However, the time of collection is usually noted in the report. The time of collection is important because that is the time of the blood alcohol level. I have a case where the collection time is not noted. It could be argued that the blood alcohol report does not comply with the statute.
The takeaway is a skilled DUI lawyer must examine all the defects in the case.
