Proposed Tennessee DUI Advertising Ban May Be Unconstitutional

State Attorney General finds pending anti-drunk driving legislation illegal on two fronts.

State Senator Rosalind Kurita sponsored an amendment to a bill that would ban Tennessee DUI defense attorneys from making certain advertising claims. This included not stating that the attorney specialized in DUI cases, offered discounts, guaranteed a result or indicated that they had more experience than another attorney. Kurita said her legislation was aimed at reducing the number of suspected drunk drivers who are not convicted.

The amendment came under immediate fire from other state legislators on constitutional questions, and an opinion from the attorney general of Tennessee was requested. AG Bob Cooper has stated that Kurita’s effort is ‘vulnerable to constitutional attack’ on two fronts.

Cooper said that the Tennessee Supreme Court has the authority to regulate the courts and the attorneys who practice law in the state, and Kurita’s amendment improperly attempts to shift that power to the State Assembly.

In addition, the legislation violates the right to free speech guaranteed under the Federal First Amendment. Cooper elaborated that, because of the severity of the offense, DUI defendants have a greater interest in learning as much as possible about drunk driving defense attorneys before hiring one of them.

Kurita has responded by saying that she will “have to find another way” to attack driving under the influence in Tennessee.

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