Tennessee DUI Reforms Suffer With Weak Economy

Efforts to reduce drunk driving in Tennessee curtailed by limited budgets.

Gov. Phil Bresden has made the fight against driving under the influence in Tennessee a high priority during his tenure. In early 2006 he formed a task force that established a number of legislative goals aimed at reforming Tennessee DUI laws. A severe revenue shortfall in the state, however, has led to a narrower focus.

The governor’s spokesperson, Lydia Lenker, said that, “when the state’s economy took a downturn, we had to set...legislation aside.” There was a decision to push for one change that had the most impact, Administrative License Revocation, which called for the immediate seizure of a driver’s license from those suspected of drunk driving in Tennessee. The proposed legislation made it through both houses of the state General Assembly before studies showed that the law would create no revenue and would cost $2.8 million in the first year alone. There was little opposition to the bill though the sponsors abandoned the effort for budget reasons.

Lawmakers say that public safety remains a key concern, but acknowledge that there has to be fiscal responsibility in any legislative effort. Some of the smaller DUI changes that were enacted in 2008 included: - Reinstating a 48-hour jail sentence for first offenders of Tennessee DUI and 24-hours of roadside trash pick-up wearing vests that say ‘I am a drunk driver’. Previously the law called for 24-hours each of incarceration and trash pick-up. - Removing the two hour limit for conducting breath or blood tests after an arrest for suspected TN DUI. - Clarifying prosecution in cases of child injury in a alcohol related accident.

The legislative priorities of anti-DUI advocacy groups call for resurrection of the license revocation bill as well as lowering the legal threshold for intoxication from the existing BAC of .08% and making the installation of ignition interlock devices mandatory for all convicted DUI offenders. Ms. Lenker said that cost neutrality will be the key during the upcoming legislative session. With the governor working to reduce spending and close a $1 billion budget gap, adding programs that require new positions and costs is not feasible. DUI related issues, like license revocation, will need to wait for a better economic outlook.

Do you need to hire a TN DUI Attorney?