Location: Johnson City, TN
About 8-9 months ago I posted in this community saying I got a DUI while blowing a 0.00. I’m an emergency medicine doctor from Ohio but I travel, meaning I will do shifts like 3-4 weeks at small town ER’s; this is for $ I’m just trying to support my wife and son. Last October I was coming home from a swing shift 5 PM to 2 AM. They got me at like 2:30 AM speeding (I was speeding 82 in a 70 and I fully admit to this). They said would you take a breathalyzer I said sure and 0.00, I was still in my scrubs on the dashcam. They said would you let us take blood drug tests to ensure you weren’t on any prescription medications I said yes. So they take my blood it’s negative too. They charged me with DUI saying “I could have been on drugs the panel doesn’t test for”.
This community is great but I then posted on here and was like ok I’m being charged with DUI 0.00 negative blood draw. And everyone said get a local attorney. I did, and he assured me it would be thrown out. And yet it wasn’t, I went to a bench trial in a small town and even though my breathalyzer and blood drug tests were negative I was CONVICTED of DUI. The judge said “you could have been on drugs the county does not test for, and you were speeding”. I’m a Mormon I’ve never had a drink nor done a drug in my life, hell we don’t even drink caffeine. But if you’re breathalyzer and drug test is negative for alcohol and drugs, how can you prove you weren’t on “other drugs”?
I am now fighting to get my license back. I told the state medical boards of Ohio, Kentucky, Tennessee, Indiana, and Michigan (states where I am licensed) and I got suspended.
This community has been great but I just want to say, I felt like my attorney in Tennessee did not take my case seriously as he had other cases and probably felt like this is an easy slam dunk. My point is—I’m fucked. If someone hires you for a case, whether it’s first degree murder or a DUI, PLEASE take it seriously.
Comments
There are several other cases of this in Tennessee. Google it. Appeal and get a better attorney.
I would appeal it. good luck
It is scary the power these small towns have. I would definitely appeal it.
NAL – I’m from NETN & after everything came out about Sean Williams & the JCPD, I’m not surprised this happened to you. Can you seek other legal counsel & appeal? If you believe you were not competently represented, you may have recourse against your legal counsel.
What a bunch of BS. I am so sorry. This does not seem legal
Were you arrested in the same town you work in? If so, have you talked to anyone overseeing the hospital that might be a local. I know this shouldn’t be how the system works, but in a small town having the right connection might be able to get the charge dropped, although that’s less likely with a conviction already.
Never let the cops do any tests.
Contact an attorney. You should’ve had an attorney for the first case but that time has passed.
You should definitely appeal, the law is what you can prove, regardless of “if they test for it” it you have written evidence you blew 0.00 and the blood tests were negative a good attorney should be able to win this on appeal. Also, you mentioned you’re a doctor so you should have the resources to see this through.
In the future, don’t ever submit to tests, searches or anything else from police. They are not there to help you when in an investigatory stop.
That’s insane you were convicted because “you could have had other drugs in your system.” No proof that you actually did. Sounds like this county is running a scam.
NAL – isn’t the whole premise of our legal system innocent until PROVEN guilty? They convicted you with zero evidence to support, let alone two pieces of evidence proving you innocent?
This smells like a court fee money grab by a small county dragging it through appeals.
I hope its quickly and easily overturned so that you can get back to work. Sorry you’re dealing with this.
Did you take a field sobriety test? What gave them the suggestion you might have been under the influence?
This is pretty serious.
In all U.S. states, a conviction even for DUl must be based on proof beyond a reasonable doubt. If the evidence (breath test and blood test) shows no alcohol and no drugs detected, a conviction based on speculation (like “you might have been on something else”) is not legally sound.
Due Process Violation (14th Amendment) A judge cannot convict based on a possibility of drug use with no supporting evidence.
No Positive Test = No Proof of Impairment A DUI
conviction requires proof of impairment usually by Failed sobriety tests and Observable signs of impairment or Positive results from toxicology tests.
A negative blood test undermines this.
What you can do, Post-Conviction Relief (PCR) You have 1 year from the date the judgment became final (not when the trial happened, but when all appeals or the appeal window closed).
If no appeal was filed within the first 30 days, the judgment likely became final about 30 days after sentencing, meaning you still have a few months left to file a PCR.
Motion to Reopen Post-Conviction If you already had a PCR denied (which doesn’t sound like the case yet), you can still request to reopen based on: New evidence A change in law Constitutional violation
Speak to a post-conviction attorney ASAP (preferably a criminal defense lawyer in TN).
You can also contact the Innocence Project, ACLU of Tennessee, or a legal aid office if cost is a barrier.