State of Tennessee v. Willie R. Dyer

Willie R. Dyer was indicted for driving under the influence of an intoxicant and driving with a blood alcohol level of over .08 percent. During the jury trial, the trial court dismissed the indictment with prejudice on the basis that the chain of custody for the blood sample was inadequate. Subsequently, the State appealed. We determine that the trial court abused its discretion where the evidence was sufficient to establish chain of custody of the blood sample and, therefore, reverse and remand the judgment of the trial court for reinstatement of the indictment. Further, we determine that principles of double jeopardy do not bar retrial.