'It ruins their lives:' FOX 17 News finds sober DUIs happen more frequently in Tennessee

NASHVILLE, Tenn. (WZTV) — Getting charged with driving under the influence is a life-crippling moment. But what if you weren't under the influence of anything?

After an investigation you saw first on FOX 17 News in February about Minister William Rose, who tested negative for drugs or alcohol after getting a DUI, multiple viewers contacted Investigative Reporter Kelly Avellino.

They said they experienced the same situation, and the ensuing barrage of nightmarish problems. We're finding sober drivers getting arrested for intoxication is more common than you may think, statewide.

FOX 17 News interviewed three men charged with DUI in Middle Tennessee, who were stone-cold sober at the time of their arrest.

"It was the most stressful, most traumatic experience I ever had," said Jeff Adams, a 30-year elementary school teacher who was pulled over in Goodlettsville in September of 2023.

When Goodlettsville Police told Adams he had crossed out of his lane, he was eager to prove he didn't have a drop of alcohol in his system.

"He [the officer] said, 'You’d be glad to do a field sobriety test?' I said 'Sure, because I don’t drink.' So I knew I could pass it," he said.

But Adams was wrong.

"I've had two hip replacements," he said. "I didn’t do well standing on one leg."

Cell phone video recorded by one of the officers during the field sobriety test showed Adams somewhat shaky when asked to raise one leg.

Adams hoped a breathalyzer would immediately clear him, and asked for one. But in FOX 17 News' initial report, we confirmed a majority of Middle Tennessee law enforcement agencies no longer use breathalyzers on scene, including Goodlettsville Police.

Law enforcement agencies widely responded that they believe blood draws are more accurate, and that breathalyzers don't detect drugs anyway.

“I do believe that some type of real time ability to test would at least be able to assist with someone who is just outright not impaired," said Rutherford County Attorney Scott Kimberly, who handles DUI clients.

Kimberly said while DUI enforcement is crucial, he believes officers need more training to pinpoint other factors that could cause a sober driver to fail a field test.

“They have difficulty walking, for a completely legitimate medical purpose," Kimberly said. "But the officers don’t inquire about that- not because they're bad people. They just need more training. It's late at night and they’re [drivers] just tired. There are some people who smell like alcohol because they're ferrying drunk passengers...The training for these officers is insufficient to really help them understand that there are situations where people could potentially fail these tests, but not be impaired."

For David Dutton, 76, of Murfreesboro, having vertigo sometimes affects his balance.

"Plus, I’m old," he said with a smile.

Dutton, now retired from the military and USPS career, usually orders sweet tea at the local pool hall. He was driving home one night after a tournament when Rutherford County Sheriff's deputies pulled him over for initially having a taillight out.

While getting field tested, Dutton told deputies about the bulging disk in his back, as well as stating he wasn't sure if he could balance properly while walking a straight line.

Dutton said he doesn't take pain medicine or drink, but still had trouble walking heel to toe. He was arrested. Officers said he also spoke slowly and handed them a debit card at first instead of his license.

"I was nervous," said Dutton. "Anyway, I just grabbed the wrong one."

William Rose couldn't believe his DUI arrest after a fender-bender accident in Murfreesboro. He's dealt with longtime balance and eye problems, leading to officers determining a failed field test.

Even though Rose's charges were expunged, he still has not been able to retain driver's insurance to once again operate a vehicle. He said the price quotes are now astronomical after his arrest.

FOX 17 News found that background check companies often use outdated court records, which is likely against Federal Trade Commission (FTC) laws, that won't reflect an expunged case. It's another hurdle to prove to insurance agencies, banks or potential employers that their charges were expunged.

"There's times when I'm alone that I'll cry," said Rose.

Ultimately, three three men had their charges dismissed or nolle prossed. But they waited three to seven months for the Tennessee Bureau of Investigation (TBI) to process their blood test results-and longer for court.

"These people have to continue to wonder, am I going to have a permanent criminal record?" questioned Kimberly. "Am I going to lose my license? Is that going to cost me my job?"

In the cases of Rose and Adams, both lost significant side income not being able to drive for Uber immediately after the arrest.

"I lost $15,000 total for that time I was off Ubering," said Adams.

Rose had taught low-cost English classes to adults, but had to find new work in walking distance from his apartment in Williamson County.

A TBI spokesperson sent FOX 17 News a response on the average turnaround time for alcohol testing, which is about three weeks, and 10 weeks for drugs. That's just over three months for both. TBI also said new funding from the state will allow them to hire more scientists by the end of the year.

Each of the men had questionable field sobriety tests, which police say is enough probable cause to validate an arrest. However, FOX 17 News found DUI cases getting totally dismissed in Tennessee is happening more often.

Court records show the same officer who arrested Adams had two other DUI cases dismissed last year.

The Goodlettsville Police Department sent a statement saying in part:

"The Goodlettsville Police Department regrets the impact this arrest had on Mr. Adam’s life. Our review of this indicates that the officer made a good faith effort and obtained a warrant from a judicial commissioner based on probable cause. The toxicology did not confirm the officer’s initial observations. We are continuing in training our personnel in DUI/Standardized Field Sobriety Testing (SFST) with the goal of having positive outcomes."

However, DUI and SFST’s are not an exact science...We would like to be perfect but we are not, the process is not and this world is not. We have performed DUI and SFST training both last year and this year in an effort to make us as good as we can possibly be."

"I can tell you in the last five years, I’ve had at least a half a dozen clients who have faced that exact situation...It ruins their lives," said Kimberly.

This most recent Tennessee District Attorneys General Conference newsletter reports in its DUI Tracker that more than 12% of DUI's in the state were dismissed in the first quarter of 2024, from January to March. That's 220 cases, and about four percentage points higher than the previous quarter. The average DUI cases dismissed last year was about 10%.

It's unclear if all of those people tested negative for alcohol and drugs. However, the TNDAGC newsletter goes on to say, "Unfortunately, we are seeing more and more cases being dismissed or nolled."

"The stress... that's the main thing," said Dutton, who stood in a crowded cell for six hours after his arrest.

"I've have had less than five driving infractions in my life," said Adams, "To be arrested for DUI, and have to explain that to your own kids... All you have is your reputation, and it got smeared that day, that morning."

Attorneys say a good idea is to keep any medical documentation of any issues that could impede your performance in a field sobriety test, such as walking, standing on one leg or tracking a finger moving in front of your eyes, readily available in your car.

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