State of Tennessee v. Anthony J. Bookout, Sr., W2016-01694-CCA-R3-CD

On June 24, 2015, Defendant Anthony J. Bookout, Sr. rode his motorcycle into a stalled SUV on Highway 70, injuring his passenger. Multiple bystanders and a Tennessee Highway Patrol trooper arrived at the scene.
Witnesses observed alcohol bottles near the motorcycle; witnesses and Trooper Adam Cash reported that Defendant smelled of alcohol, had bloodshot/watery eyes, swayed, and repeatedly said "I’m drunk."
Defendant fled on foot after the crash and was chased and apprehended by Trooper Cash. Defendant submitted to a blood draw about three hours after the crash; the TBI toxicology result was 0.128% BAC.
Defendant presented testimony that he drank only 1–2 beers at bars earlier that evening, that his post-crash behavior might have been caused by shock and injuries, and that an IV administered before the blood draw could have affected BAC.
At trial the jury convicted Defendant of DUI, DUI per se, DUI second offense (based on a prior 2006 DUI conviction), and leaving the scene of an accident involving injuries; evading arrest was acquitted. The trial court imposed concurrent sentences (effective 11 months, 29 days, with 90 days jail then probation).
On appeal Defendant challenged the sufficiency of the evidence; the Court of Criminal Appeals affirmed.

Issue	State's Argument	Bookout's Argument	Held
Sufficiency of evidence to support DUI / DUI per se / DUI second offense	Evidence (witness observations, Defendant’s admissions, 0.128% BAC, prior DUI) supports convictions	Post‑crash conduct and statements caused by shock/injury; insufficient proof of impairment	Affirmed — evidence sufficient for DUI, DUI per se, and second offense conviction
Failure to administer field sobriety tests	Not required; officer observed multiple indicators of impairment and made arrest based on observations	Trooper’s failure to conduct FSTs undermines impairment finding	Held against Defendant — credibility and observations sufficient for jury to find impairment
Reliability of blood test (IV administration claim)	0.128% taken ~3 hours after crash is admissible circumstantial evidence of per se BAC	Blood result may be unreliable due to saline IV prior to draw	Rejected — jury may credit toxicologist and admit result; BAC supports conviction
Leaving scene of accident (injuries)	Witnesses saw passenger injured; Defendant fled the scene and was chased/apprehended	Flight was due to shock/injury, not conscious failure to render aid	Affirmed — evidence supported leaving the scene conviction

Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
State v. Bland, 958 S.W.2d 651 (Tenn. 1997) (appellate review defers to jury on credibility/weight)
State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011) (same standard for circumstantial and direct evidence)
State v. Greenwood, 115 S.W.3d 527 (Tenn. Crim. App. 2003) (post‑driving BAC at reasonable time may support DUI per se conviction)
State v. Tuggle, 639 S.W.2d 913 (Tenn. 1982) (presumption shifts after guilty verdict)
State v. Vasques, 221 S.W.3d 514 (Tenn. 2007) (State entitled to strongest legitimate view of evidence on appeal)