New DUI Decision

In State v Ownby, released this week by the Court of Criminal Appeals, there was plenty of proof that Ownby was driving intoxicated in Sevier County. Deputy Devin Smith did a fine job of defining his training and experience and tied what he saw from Ownby, to his training. Ownby refused a breath test and then complained that the State did not have objective, scientific evidence of intoxication. Hmmm. Maybe he should have taken the test!
The Court stated,

"Although field sobriety tests lack the scientific precision of a breathalyzer test, the field sobriety tests, in combination with the other evidence in this case, support the Defendant’s conviction. The Defendant’s performance on the field sobriety tests was graded by a four year professionally experienced deputy, who was specially trained to administer field sobriety tests and detect drivers who are under the influence of an intoxicant. Also, the Defendant refused to take a breathalyzer test. Moreover, the Defendant failed to give a reasonable explanation for speeding and running a red light other than intoxication.

Furthermore, the Defendant acknowledged he had consumed one beer and smoked marijuana that evening. "

Read the case at: http://www.tncourts.gov/sites/default/files/ownbyopn.pdf