Field sobriety tests are not always correct in determining if someone is under the influence of an intoxicant. Due in part to lack of proper training, the bias of the National Highway Traffic Safety Administration regarding the detection of drunk drivers, pressure placed on officers to arrest suspected drunk drivers, as well as incentives provided to officers who make a lot of DUI arrests, innocent people suffer. Television station WSVM4 in Nashville, Tennessee has been investigating cases where sober Tennessee drivers who are wrongfully charged with DUI.
As part of the investigation, this television station has learned that a federal lawsuit was filed on August 18, 2024 by a 76 year-old man with back problems and vertigo, among his other medical issues, who was arrested for driving under the influence of an intoxicant (DUI). This case is particularly disturbing considering that the lawsuit alleges that that the reason to stop the vehicle was that the officer observed the suspects taillight was not working. Moreover, the arrested gentleman had a “disabled driver” placard on his car that night.
Certainly, police officers sometimes have difficulty distinguishing sober drivers from those who are impaired. They should never forget, however, that arresting somebody can have a life-changing experience for that person. Accordingly, extra caution should be taken before making the final conclusion to arrest. Too often, this author finds officers to be in a rush to judgment. If the case is borderline, perhaps allowing a friend or family member to drive the suspect home would be the better decision.
About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants. Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the National College for DUI Defense, Inc. (NCDD). Among the many honors bestowed upon him, Steve has served as Dean of the NCDD and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee.
He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 9th edition (Wolters Kluwer/Aspen). Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions. He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and 10 foreign countries. After being named a Fulbright Scholar, Steve was honored to teach as a Visiting Professor at the University of Latvia Faculty of Law (Law School) in the capital city of Riga, Latvia for a semester during 2019. In 2023, Steve was accepted an offer to teach for a semester as a Visiting Professor at Eötvös Loránd University Faculty of Law in Budapest, Hungary. Steve was designated a Fulbright Scholar for a second time and taught American Criminal Law and American Trial Advocacy at The University of Ljubljana Faculty of Law in the capital city of Ljubljana, Slovenia for the 2024 spring semester. If you would like to contact the author, please visit his website at www.tndui.com.
