State of Tennessee v. Angie Delene Jackson

Following a jury trial, Defendant, Angie Delene Jackson, was convicted of driving a commercial vehicle under the influence of alcohol with a blood alcohol concentration of 0.04 or greater, a Class A misdemeanor, and for violation of the motor carrier safety rules and regulations, a Class B misdemeanor. The trial court sentenced Defendant to concurrent sentences of eleven months, twenty-nine days for each conviction. On appeal, Defendant argues (1) that the trial court erred in denying her motion to suppress the results of her blood alcohol test; (2) that the trial court erred in denying her motion to suppress the evidence discovered during a search of her vehicle; and (3) that the trial court erred in ordering Defendant to serve five percent of her effective sentence in confinement. We find that the trial court erred in denying Defendant's motion to suppress the evidence discovered during a search of her vehicle. We find the trial court's error harmless as to Defendant's DUI conviction, and affirm that conviction. Because we find the evidence insufficient, however, to support Defendant's conviction for violation of the motor carrier safety rules and regulations, we reverse it and dismiss that charge. We further reverse Defendant's sentence for her DUI conviction and remand for a new sentencing hearing.