DUI Law Changes In Tennessee
On March 6, 2006, Governor Bredesen commissioned The Governor’s Task Force on DUI Laws In Tennessee. Today, October 25, 2007, the task force’s recommendations were made public to the state’s Judiciary Committee, which I am a member of. This issue has taken a front row recently with the high profile DUI arrests of one Senator and one Representative just this year. Thankfully, no real preferential treatment seems to have been shown to either legislator. Even more importantly, they did not harm anyone during their respective events. 496 Tennesseans were killed in alcohol related traffic accidents in 2005, with a cost to taxpayers of over $500 million. Three fourths of the costs are assumed by those not involved in the accident (higher premiums, lost law enforcement assets, etc.). Following are a list of the primary recommendations from the Task Force, which I am quite sure will be compiled into a comprehensive DUI reform bill to be introduced and hopefully passed in 2008:
1. Administrative License Revocation
-This is probably the number one thing we can do to enhance our existing laws.
2. Class D Felony for 5th Offense
-prior convictions during a 10 year window from time of arrest would be considered
-360 day minimum sentence
3. Vehicular Homicide 100%
-Aggravated vehicular homicide would be classified by intoxication level
4. Treatment and Monitoring
-Give 2nd and 3rd offenders treatment and monitoring options. After treatment use technology to stop the offender from driving impaired. Reward proven sober behavior with legal option to drive with ignition interlock device.
5. High BAC Level To .15
-Increase the penalty for high BAC level. A person is 385 times more likely to be in a fatal crash at .15 than when sober. No restricted license without ignition interlock for those who were over .15 or refused testing.
6. Emergency Room Disclosure
-Emergency room report to police when suspected impaired driver seeks treatment in the same way as mandatory child abuse reports.
7. Prior Conviction Definition
-Prior convictions should be included if they occurred within 10 years of arrest and forever if a homicide or vehicular assault.
8. Blood/Breath Test Time Limitations
-Current 2 hour limit is often impossible if defendant is transported for medical care and in rural communities, Memphis or Nashville. The prosecution is currently penalized if officer is delayed due to crash response duties or if the major hospital E.R. has a long waiting period due to business.
9. Child Endangerment
-Penalty for child death should not be less than adult death. Sentences should be consecutive or multiple offenders get a free pass.
10. 48 Hours In Jail for 1st Offenders
-Trash pick up and public service have reduced jail time, but many never serve this part of sentence due to systematic problems.
11. Obstructing Traffic
-According to Tennessee court decisions, if an office activates blue lights to protect the public while checking on a car stopped in a lane of traffic, he has seized the driver illegally without reasonable suspicion. If lights are not activated, then a bona fide traffic hazard continues to exist.
12. DUI School Uniformity
-DUI school is a valuable tool. Some are very good and some appear to be cash cows. A uniform curriculum and oversight by a designated agency could improve this tool.
13. Assessments for 1st Time Offenders and Underage Offenders
-Most 1st offenders aren’t. It is the first time they have been caught. Mandatory assessment would permit the Court to develop a penalty that might work to fix this problem.
14. Indigent Monitoring Technology Fund
-Add $25 per DUI case to fund transdermal alcohol monitoring and ignition interlocks for 2nd and 3rd offenders in program.
15. Preliminary Breath Test (PBT)
-Non evidential tests to help officer determine probable cause and or need for drug test. These are not commonly used due to fear that use would exclude further breath testing.
-Eliminate double dipping. An offender convicted in a bench trial gets to start over with their appeals as if nothing had occurred. Use Criminal appeal for appellate review only. Encourage future review of Sessions Court jurisdiction to promote 6 person jury trials.
17. Establish Permanent Task Force
-Permit experts to examine how laws are working; review DUI proposals to eliminate conflicts and respond to issues to advise the Legislature and Administration concerning issues of importance.