Tennessee Code Annotated

Tenn. Code Ann. § 38-6-103 (2026)

Forensic services division - Purchase of breathalyzer tests by local governments

✓ current as of May 2026
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Amended by 2020 Tenn. Acts, ch. 668, s 1, eff. 4/2/2020.

Amended by 2013 Tenn. Acts, ch. 154, s 32, eff. 7/1/2013.

Acts 1951, ch. 173, § 3 (Williams, § 11465.12); Acts 1980, ch. 636, § 3; 1980, ch. 810, § 1; 1981, ch. 512, § 1; T.C.A. (orig. ed.), § 38-503; Acts 1985, ch. 124, §§ 1-3; 1987, ch. 104, § 1; 1990, ch. 847, § 1; 2006, ch. 891, § 1; 2006, ch. 998, § 3; 2007 , ch. 374, § 3; 2010 , ch. 1019, § 1; 2011 , ch. 49, § 1; 2012 , ch. 848, § 10; 2012, ch. 1088, § 1.


Notes of Decisions
Cited in 8 cases, 1992–2018 · leading case: State v. Deloit, 964 S.W.2d 909 (Tenn. Crim. App. 1997).
State v. Deloit, 964 S.W.2d 909 (Tenn. Crim. App. 1997). · cites it 8× “A question left unanswered in the Sensing opinion was whether this same standard would apply to counties which did not utilize the program governed by Tenn.Code Ann. § 38-6-103. The Intoximeter 3000, “the testing device in general use in the State of Tennessee” was at issue in…”
State v. Sensing, 843 S.W.2d 412 (Tenn. 1992). · cites it 4× “T.C.A. § 38-6-103 now provides, inter alia, as follows: (d)(2) Upon approval of the director of the Tennessee bureau of investigation, local governing bodies which have the responsibility for providing funding for sheriffs’ offices and police departments, are authorized to…”
State of Tennessee v. Rosemary L. Decosimo, 555 S.W.3d 494 (2018). · cites it 3× “Tenn. Code Ann. § 38-6-101 (a)(2) (2014).”
State of Tennessee v. Rosemary L. Decosimo (Tenn. Crim. App. 2018). · cites it 2× “He also said that the fact that Code section 38-6-103(g) makes TBI test results prima facie admissible in any judicial or quasi-judicial proceeding only further enhances the appearance of impropriety.”
State of Tennessee v. Brent Tod Perkins (Tenn. Crim. App. 2002). · cites it 2× “Tenn. Code Ann. § 38-6-103 (d)(2), (g). Thereafter, our supreme court pronounced the general foundational requirements for the admissibility of breath tests in Sensing.”
State v. Michael G. Waldrum (Tenn. Crim. App. 2000). · cites it 2× “The certification procedure is performed by the TBI and is set out in Tenn. Code Ann. § 38-6-103 . The defendant argues that his constitutional right to confrontation was violated because the TBI official who performed the certification tests did not testify.”
State v. Ronnie Graham (Tenn. Crim. App. 1998). · cites it 2× “1 1 The letter is dated July 19, 1996, and reads in relevant part: “As a result of two (2) recent Tennessee Supreme Court rulings regarding the interpretation of TCA § 38-6-103(a); State v. Sensing, (1992) and State v.”
State v. Kimberly M. Larson (Tenn. Crim. App. 1998). · cites it 2× “Tenn. Code Ann. § 38-6-103 (d)(2), (g) (1997).”
— Tenn. Code Ann. § 38-6-103(a) — 1 case
State v. Ronnie Graham (Tenn. Crim. App. 1998). “1 1 The letter is dated July 19, 1996, and reads in relevant part: “As a result of two (2) recent Tennessee Supreme Court rulings regarding the interpretation of TCA § 38-6-103(a); State v. Sensing, (1992) and State v.”
— Tenn. Code Ann. § 38-6-103(g) — 2 cases
State v. Deloit, 964 S.W.2d 909 (Tenn. Crim. App. 1997). “A question left unanswered in the Sensing opinion was whether this same standard would apply to counties which did not utilize the program governed by Tenn.Code Ann. § 38-6-103. The Intoximeter 3000, “the testing device in general use in the State of Tennessee” was at issue in…”
State of Tennessee v. Rosemary L. Decosimo (Tenn. Crim. App. 2018). “He also said that the fact that Code section 38-6-103(g) makes TBI test results prima facie admissible in any judicial or quasi-judicial proceeding only further enhances the appearance of impropriety.”
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