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Posted by: Tanja Trezise on Aug 8, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Jonathan Sevier Cave, Greeneville, Tennessee, for the appellant, Darryl Alan Walker.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; C. Berkeley Bell, District Attorney General; and Cecil Mills, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Darryl Alan Walker (“the Defendant”) was convicted by a jury of driving under the influence (“DUI”) and unlawfully carrying another person on a motorcycle. Following a sentencing hearing, the Defendant received a total effective sentence of eleven months and twenty-nine days, suspended to supervised probation after the service of sixty days. In this direct appeal, the Defendant asserts that the trial court erred in denying his motion to suppress the results of a warrantless mandatory blood alcohol test, arguing that the mandatory blood withdrawal provision of the implied consent statute is unconstitutional and that the term “injury” within that provision is unconstitutionally vague. The Defendant also asserts that the trial court erred in denying his motion to suppress certain statements he made to police. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court.