Tennessee Court Nixes $250 DUI Fee

KNOXVILLE, TN -- A $250 fee charged to convicted drunken drivers is unconstitutional, a Tennessee court ruled Wednesday.

The fee is designed to defray the cost of blood and breath tests conducted by the Tennessee Bureau of Investigation. Originally $100, the state legislature increased it to $250 in 2010. It applied to any DUI using the tests.

Sitting in Knoxville, the Tennessee Court of Criminal Appeals said the fee violates due process and raises questions about the objectivity of TBI scientists and creates an unconstitutional pecuniary interest for the scientists to provide positive test results.

The fee generates $3 million annually.

The case was a consolidation of dozens of similar appeals brought by DUI defendants. The decision can still be appealed to the Tennessee Supreme Court.

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