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Posted by: Chandra Williams on Jul 6, 2016

Head Comment: With concurring opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Stephanie Johnson, Assistant District Attorney General, for the Appellant, State of Tennessee.

Attorneys 2:

Cornelius Bostick, Memphis, Tennessee, for the Appellee, Dennis Sprawling.

Judge(s): WOODALL

Defendant, Dennis Sprawling, was indicted by the Shelby County Grand Jury for one count of driving under the influence of an intoxicant (DUI), one count of driving with a blood alcohol content of more that 0.20% (DUI per se), and one count of reckless driving. A separate count alleged that Defendant had previously been convicted of DUI. In this interlocutory appeal, the appellant, State of Tennessee appeals the Shelby County Criminal Court’s order granting a motion to suppress filed by Defendant. The State claims that the trial court erroneously suppressed Defendant’s blood test results because the “arresting officer had both actual and implied consent” to draw a sample of Defendant’s blood following Defendant’s arrest for DUI. After a thorough review, we affirm the judgment of the trial court.