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Knoxville Appeals Court Says Tennessee's $250 DUI Fee Unconstitutional

Tennessee Bureau of Investigation

An appeals court has ruled that a Tennessee law that gives a $250 fee to the Tennessee Bureau of Investigation for each DUI conviction obtained using a blood or breath test is unconstitutional.

Tuesday's ruling by the Court of Criminal Appeals in Knoxville said the system violates due process and calls into question the trustworthiness of TBI forensic scientists' test results.

It said the system creates a pecuniary interest for forensic scientists through continued employment, salaries, equipment and training.

The ruling said the fees total about $3 million annually. State lawmakers passed a TBI-backed proposal in 2010 to raise the fee from $100 to $250.

The case involves more than 20 defendants who provided blood or breath samples. It's unclear if prosecutors will appeal to the state Supreme Court.

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