Sunday , April 11 2021
Home / Tennessee DUI News / Tennessee Bureau of Investigation Re-Testing 2,800 Blood Alcohol Samples After Discovering a Mistaken Switch

Tennessee Bureau of Investigation Re-Testing 2,800 Blood Alcohol Samples After Discovering a Mistaken Switch

Steve ObermanThe Knoxville News Sentinel (the local Knoxville newspaper) reported on a recent discovery that a TBI employee had mishandled and mistakenly switched the blood alcohol samples from two different people.

This mishandling of evidence caused a man to be charged with DUI and vehicular homicide after he was involved in a fatal crash.  The incorrect sample showed that the man had a blood alcohol content (BAC) of .24%—when his actual BAC was .01%.  The mistake was only discovered after the blood sample was submitted to an independent testing agency.  The lawyers at Oberman & Rice often submit clients’ blood samples for independent testing, not only to verify the level of alcohol in the blood, but also to check the DNA to ensure the blood sample belongs to the named suspect.

The former TBI Special Agent Kyle Bayer was fired when the mishandling of the blood alcohol samples came to light.  The TBI attributes the mistake to Bayer’s failure to follow a number of procedural checkpoints that would normally detect a similar error.  In response, the TBI has added an additional checkpoint by a second analyst to the testing methods.

Because Mr. Bayer had handled 2,800 cases before this mistake was discovered, all of his work is being independently re-tested.  If any other errors are confirmed, wrongful charges and convictions relating to Driving Under the Influence and Vehicular Homicide by intoxication across the State of Tennessee may be dismissed or overturned.

About Steve Oberman

Steve Oberman
Since graduating from the University of Tennessee Law School in 1980, Mr. Oberman has become established as a national authority on the intricacies of DUI defense law. Steve is a former Dean of the National College for DUI Defense, co-author of a national treatise ("Drunk Driving Defense" published by Aspen/Wolters-Kluwer), and author of "DUI: The Crime and Consequences in Tennessee" (published by Thomson-Reuters/West). He has taught thousands of lawyers, judges, and members of the general public about the intricacies of this crime. Steve was selected as a Fulbright Scholar to teach at the University of Latvia School of Law in 2019. As a Tennessee DUI attorney, Mr. Oberman has successfully defended over two thousand clients charged with Driving Under the Influence of alcohol and/or drugs. In 2006, Mr. Oberman became the first DUI lawyer in Tennessee to be recognized by the National College for DUI Defense as a Board Certified Specialist in the area of DUI Defense law.

If you would like to contact the author, please visit: http://www.tndui.com


Leave a Reply

Your email address will not be published. Required fields are marked *

*