A witness testified Monday that Steven Tyler Frizzell was near the "drunk" borderline at the time his vehicle crossed the centerline on Old Hixson Pike and caused a fatal wreck.

Mike Little, a TBI special agent who heads the state forensic lab, said Frizzell's blood alcohol level as tested an hour and a half after the wreck was .06. That is below the drunk level in Tennessee of .08.

However, Agt. Little said because alcohol dissipates from the body, the estimate of Frizzell's blood alcohol level at the time of the 6:19 a.m. wreck would be between 0.75 and 0.90.

Agt. Little said another factor is whether Frizzell had been drinking just prior to the wreck so that his blood alcohol level "was still climbing."

Frizzell is set to go to trial in the courtroom of Judge Don Poole on June 24.

Defense attorneys Bryan Hoss and Lee Davis are asking the judge not to allow the blood alcohol levels, saying officers should have gotten a search warrant before getting the blood. The judge has not yet ruled.

The 7:55 a.m. blood same that showed .06 was taken by Erlanger Hospital personnel in treatment of Frizzell, who was critically injured, but who has recovered. Officers got a second "forced" blood sample at 10:55 a.m. It registered 0.01.

Frizzell is charged with vehicular homicide, two counts of vehicular assault, two counts of reckless assault and DUI in the wreck that killed family friend, 72-year-old Robert T. Frizzell.

Police say Steven Frizzell went around a curve on the wrong side and slammed into the vehicle driven by Robert Frizzell. There were two injured passengers in the car that was hit.

Prosecutor Jay Woods said Frizzell must have been traveling at a high speed since his much-lighter Ford Taurus "won" in the crash with the Dodge Durango.

Investigator Joe Warren said when he opened a door on the Taurus he noticed a "moderate" odor of alcohol.

Frizzell told an EMT at the scene that he fell asleep, it was stated.

Frizzell made a $75,000 bond last Sept. 11 after his bond was lowered from $100,000 by Judge Poole over the objections of the DUI prosecutor, who wanted a higher bond.

Prosecutors said Frizzell bought a case of beer less than a week after he was allowed out on bond.

After a hearing about that purchase, Frizzell went back behind bars and remains in custody.

Authorities said Frizzell had previously been charged on 11 different occasions with offenses involving either driving or alcohol.