If a blood sample is taken as part of a DUI Investigation in Nashville, Tennessee, the sample is usually tested by the Tennessee Bureau of Investigation’s lab (TBI). The TBI lab tests blood in two stages. First, the alcohol content of the blood is tested. Later, a complete toxicology analysis is performed to test for any other substances in the blood such as illegal drugs and even lawfully prescribed medication and over the counter medicines. The TBI lab operates at a backlog and results for the blood alcohol tests are not often available for six weeks or more. The second toxicology analysis often follows many weeks after that.
Once the TBI tests a blood sample, the results are forwarded to the police agency that made the original arrest and the prosecutor’s office which is handling the criminal case. A defense lawyer may obtain blood results several ways.
The police agency or prosecutor may agree to share the results with the attorney once they are received. If the case is pending in Criminal Court (also known as Circuit Court), results can be obtained through the formal discovery process. Results may also be requested by a defendant directly from the TBI pursuant to a little known statute T.C.A. § 55-10-409.
My experience has been that the TBI can be somewhat difficult to work with in processing these requests, but, this is often the best, and quickest way to get results.
If you or a family member has been arrested for DUI in the Nashville area, call my office at 615-620-0891 for a free, no pressure consultation...and let's find out how I can help.