State of Tennessee v. Katherine Hart Collier

The State of Tennessee appeals the Maury County Circuit Court’s orders suppressing evidence and dismissing the indictment, which charged the Defendant with driving under the influence (DUI), DUI per se, violating the implied consent law, failure to maintain a motor vehicle within a lane of traffic, and violating the open container law. On appeal, the State contends that the trial court erred by granting the Defendant’s motion to suppress the blood alcohol concentration (BAC) evidence and by dismissing the indictment. We conclude that the trial court did not err by suppressing the evidence but that the court erred by dismissing the indictment in its entirety. Although we affirm the dismissal of the indictment count charging DUI per se, we remand the case to the trial court for reinstatement of the remaining charges in the indictment and for further proceedings.