Much needed, but does not go far enough.
Tennessee’s New Law: Reporting DUI Charges Against Sober Drivers
TLDR: Tennessee has passed a new law requiring police to report instances where individuals are charged with DUI but later found to be sober. This legislation aims to track the prevalence of wrongful DUI charges and may lead to accountability for law enforcement practices.
In a significant legislative move, Tennessee has passed a new bill that mandates police to report every instance where an individual is charged with driving under the influence (DUI) but later found to have no alcohol or intoxicants in their system. This law, which received unanimous approval from both the Tennessee Senate and House on April 15, aims to address the growing concern over wrongful DUI charges against sober drivers.
The Purpose of the Legislation
The primary goal of this legislation is to enable the Tennessee Bureau of Investigation (TBI) to compile data on the frequency of DUI charges against sober individuals. Starting next year and continuing until 2029, the TBI will provide detailed reports to the speakers of the House and Senate regarding these instances. While the bill does not include specific remedies for those wrongfully charged, it is a crucial step towards understanding the scope of the issue.
The Growing Concern
Recent media coverage has highlighted the troubling trend of sober drivers being charged with DUI. Defense attorneys in Middle Tennessee have reported that several of their clients have faced such charges, raising concerns about accountability within law enforcement. One attorney noted that many police departments opt for blood tests over breathalyzer tests, which can lead to delays in obtaining results and potentially wrongful arrests.
The Process of a DUI Stop
To understand the implications of this law, it is essential to examine the typical process during a DUI traffic stop. When a police officer pulls over a driver, they often cite reasons such as erratic driving or traffic violations. The officer then observes the driver for signs of impairment, which may include slurred speech or bloodshot eyes. Following this, the officer may request the driver to perform field sobriety tests.
If the driver denies having consumed alcohol, the officer may offer a preliminary breath test (PBT). However, if the PBT is not administered and the officer suspects impairment, they may proceed to arrest the driver and conduct a blood test, which can take weeks to yield results.
The Consequences of Wrongful Charges
The ramifications of being wrongfully charged with DUI can be severe. Individuals may face significant financial burdens, including bail and attorney fees, which can exceed $5,000. Additionally, professionals, such as truck drivers or those in sensitive positions, may find their careers jeopardized while awaiting the resolution of their cases.
One notable case involved a NASA employee who was charged with DUI based solely on a police officer’s hunch. After enduring the humiliation of arrest and a lengthy wait for blood test results, which ultimately showed no intoxicants, she successfully sued the state for the wrongful charge.
The Need for Accountability
Legal experts have expressed that while the new law is a step in the right direction, more measures are needed to ensure accountability among law enforcement. Advocates suggest that police departments should implement roadside breath tests more widely and that officers should face consequences for wrongful DUI arrests.
The Role of Data Collection
The data collected under this new law will be instrumental in identifying patterns and discrepancies in DUI arrests across different police departments in Tennessee. By tracking these instances, lawmakers can better understand the prevalence of wrongful charges and take appropriate action to address the issue.
Looking Ahead
As the law takes effect, it is anticipated that police departments will adjust their practices in response to the new reporting requirements. The hope is that increased scrutiny will lead to more responsible policing and a reduction in wrongful DUI charges. If the data reveals persistent issues, further legislative action may be necessary to protect the rights of sober drivers.
In conclusion, while the new law does not provide immediate remedies for those wrongfully charged, it represents a crucial first step towards accountability and transparency in DUI enforcement in Tennessee. The ongoing dialogue surrounding this issue will be vital in shaping future policies and ensuring justice for all drivers.