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Posted by: Chandra Williams on May 20, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Leslie E. Price, Senior Counsel; Glenn Funk, District Attorney General; and Matthew Gilbert, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Dawn Deaner, District Public Defender; Jeffrey A. DeVasher, Assistant District Public Defender (on appeal); Jared Mollenkof, Assistant District Public Defender (at hearing), Nashville, Tennessee, for the appellee, Helkie Nathan Carter.

Judge(s): HOLLOWAY

Helkie Nathan Carter (“the Defendant”) was indicted for the following counts: (1) driving under the influence (“DUI”)—third offense; (2) driving with a blood alcohol concentration (“BAC”) of .08 or more (“DUI per se”)—third offense; (3) violation of the habitual motor vehicle offender statute; and (4) driving on a revoked license. The Defendant?s motion to suppress evidence obtained during a mandatory blood draw was granted by the trial court. The State sought and was granted permission to appeal, arguing that the Defendant gave both actual and implied consent to the blood draw and that, if the good-faith exception is adopted in Tennessee, it should apply to this case. Upon review, we conclude that the Defendant?s actual consent was not freely and voluntarily given; Tennessee?s implied consent law does not, by itself, operate as an exception to the warrant requirement; and no exception to the warrant requirement justified the blood draw. We decline to adopt a good-faith exception. The judgment of the trial court suppressing the results of the warrantless blood draw is affirmed.