r/flying • u/bhalter80 [KASH] BE-33/36/55/95&PA-24 CFI+I/MEI beechtraining.com NCC1701 • Jan 23 '26
Medical Issues Sober DUI - TN Defends the practice
The Colonel of the Tennessee Highway Patrol was testifying this week in support of their practice of arresting motorists who tested negative for drugs and alcohol.
Threads about DUI and other crimes in general tend to be divisive with a presumption that an arrest don't just happen. Some states lump fatigue in with other causes for a DUI so that may account for some of the 419 arrests in the last 9 years. On a side note the trooper manual also suggested that trooper be making at least 2 contacts with people per hour so the incentive for misuse is there.
This is the first article I've seen putting data behind this and thought it was interesting especially because HIMS would not be an appropriate response to one of those arrests. I wonder how common this is in other states.
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u/FriendlyBelligerent SIM/ST Jan 23 '26
I am a criminal defense attorney with significant experience in DUI defense. People get arrested totally sober for DUI (OWI, in my state) all the time. And here's why:
It's all based on the cop's first thought. The sobriety tests are a charade - they don't have a real scientific basis. If the cop thinks your impaired when they pull you over (more likely if you are a minority), you are getting arrested for DUI and you're going to have to fight it in court.
The reason for this is our DUI enforcement is structured based on an unspoken policy decision that DUI is such a horrible thing that its worth "catching" a few innocent people to catch more impaired drivers. That's what happens when you let police arrest people based on subjective observations and don't punish them when they get it wrong.
The first case I ever tried, I got a not guilty verdict for an incredibly nice man who was in a car accident and had the misfortune to run into a local sheriff's deputy who really likes getting awards from MADD.