State of Tennessee v. Shana Schafer

A Shelby County grand jury indicted the Defendant, Shana Schafer, for driving while under the influence of an intoxicant (“DUI”) and DUI with a blood alcohol content (“BAC”) of greater than .08 percent. The Defendant filed a motion to suppress the results of the blood alcohol test based upon a violation of State v. Sensing, 843 S.W.2d 412 (Tenn. 1992). The trial court granted the Defendant’s motion to suppress, and the State filed for an interlocutory appeal. The trial court granted the State’s application, and, on appeal, the State contends that the trial court erred when it granted the Defendant’s motion to suppress. After a thorough review of the record and applicable authorities, we conclude that the trial court did not abuse its discretion when it granted the Defendant’s motion to suppress. As such, we affirm the trial court’s judgment.