First-Time Drunk Driver Ordered into Custody upon Conviction

Coming one day after a DUI trial conviction in a separate case, prosecutors in DA Charme Allen’s DUI Unit obtained another conviction against a drunk driver. Anthony Moulden, 60, was convicted by a jury of Driving Under the Influence First Offense. Judge Steve Sword revoked Moulden’s bond and ordered him into custody following the conviction.

Assistant District Attorney Joe Welker, the same prosecutor who tried and convicted another DUI defendant yesterday, and Acting Assistant District Attorney Kaitlin Parham explained to the jury that on April 26, 2014, Knoxville Police Department Officer Donald Zerillo stopped Moulden for speeding on Interstate 40 near Gallaher View Road. Moulden appeared to be intoxicated and failed field sobriety tests. He submitted to a blood alcohol test that revealed his blood alcohol content to be 0.179, more than twice the legal limit of 0.08. At trial, Moulden testified that he was not intoxicated and that KPD or the Tennessee Bureau of Investigation crime lab must have switched his blood with someone else who was intoxicated. The jury disagreed as ADA Welker showed the jury every part of the chain of custody and pointed out on cross-examination that Moulden could have supported his claim but he declined to submit to a DNA test that could have been compared to the blood sample.

“DUI offenders are among the most dangerous people we deal with in the criminal justice system because of the deadly consequences that can come from impaired driving,” said DA Allen.”This was demonstrated by Judge Sword’s willingness to take Mr. Moulden into custody immediately following his conviction.”

Judge Sword set the case in April to determine the length of sentence for Moulden. DUI First Offense carries a sentence of eleven months and twenty-nine days with a minimum punishment of forty-eight hours in jail. Because Moulden’s blood alcohol content was more than twice the legal limit, prosecutors will ask for an enhanced sentence with additional jail time.

If you have any questions, please contact Sean McDermott at 865-215-2515 or Sean.McDermott@knoxcounty.org. For more information about the District Attorney’s Office, visit our website at dag.knoxcountytn.gov and follow us on Facebook and Twitter.