State of Tennessee v. Scott McLain

The appellant, Scott McLain, pled guilty to driving under the influence (DUI) and received a sentence of eleven months and twenty-nine days with seven days to be served in confinement. As a condition of his plea, he reserved certified questions of law concerning the suppression of the results of his blood alcohol test. This court affirmed the judgment of the trial court; however, our supreme court subsequently remanded to this court for reconsideration in light of State v. Harrison, 270 S.W.3d 21 (Tenn. 2008). Upon reconsideration, we reverse the judgment of the trial court and remand for dismissal of the indictment.