Arrested after passing 6 sobriety tests, Sevier Co. man takes case to high court

NASHVILLE, Tenn. (AP) -- The Tennessee Supreme Court has agreed to take a case that could determine whether police can arrest people suspected of driving drunk after they pass field sobriety tests.

The case involves a DUI charge in Sevier County that was dismissed because the driver passed a series of field sobriety tests and a court found police had no other evidence to show that he was guilty of anything other than a traffic violation.

Court records say that David Dwayne Bell passed six field sobriety tests, including one requiring him to count to 30 while standing on one leg. A blood test taken after he was arrested in 2009 showed he was legally drunk. Three lower courts have said the evidence was gained unlawfully because Bell passed the field sobriety tests.

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