Sober Up On Tennessee DUI Law

Sober Up On Tennessee DUI Law

Tennessee veered off course with its drunken driving law and, thanks to the work of a special task force, the state stands a good chance of seeing the law improved.

State law used to require first-time DUI offenders to spend 48 hours in jail. It was a tough-minded statute. But the legislature had the bright idea that it would be better to cut that jail time to 24 hours and add 24 hours of service during which offenders would have to wear an orange vest that said, "I am a Drunk Driver" and pick up trash on the roadway, which essentially gave DUI offenders a day of fresh air. And whether it truly humiliated or embarrassed anybody as cars whizzed by is open to debate.

The law, which went into effect Jan. 1 without the signature of Gov. Phil Bredesen, created a lot of complaints, including those from sheriffs who said they had little money to oversee cleanup crews, although legislators later provided more funds. But Bredesen formed a task force this year to look at DUI laws, which he said had become confusing. Panel recommendations include repealing the so-called shaming law. The task force, which included representatives from law enforcement and citizen groups such as Mothers Against Drunk Driving, said many counties haven't been implementing the road crews. The task force recommended that the sentence for first-time offenders go back to 48 hours, and recommended DUI education classes.

Bredesen liked the group's advice, but some of the proposals will probably lead to more discussion; among them, extending the state open-container law to passengers, which could raise all sorts of questions.

The group also wants to let law enforcement officials revoke the driver's license of someone suspected of DUI who won't submit to a breath test, then allowing application for a restricted license. A driver who refuses to take a breath test now may keep a license until a court hearing. The group also calls for using technology such as the device that requires a breath test for a car to start.

DUI laws should be constantly monitored and constantly tough. The one sure thing is that the 48-hour jail time should be re-imposed. The state should want to deal aggressively with drunken drivers. The vest gimmick should be ditched.

Thursday, 9 November 2006
Source: Associated Press/AP Online