The state of Tennessee has a DUI problem — and not just from careless drivers who get behind the wheel while under the influence of alcohol or drugs.
A local investigation by WSMV 4 Nashville yielded a bombshell accusation from two former state highway patrol troopers who claim they were pressured to arrest innocent people in order to meet department DUI quotas. (1)
The news outlet noted that the officers, Adam Potts and Ashley Smith, occasionally worked extra shifts focussed specifically on drunk driving enforcement. In doing so, the former officers say they believed that those who made more DUI arrests would “continue to get that premium overtime.”
Their statements were accompanied by “DUI maps” reportedly sent out to officers by one state police captain that included the number of DUI arrests each trooper made — which Smith said was essentially meant to encourage competition, showing when “someone else is beating you.” Another state police captain was secretly recorded by WSMV suggesting to officers that each trooper “arresting a hundred-plus DUIs a year” would constitute “hard work” on their parts, while making as few as 33 DUI arrests in a year would get them “spanked.”
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In 2024, WSMV 4 reported that, between 2017 and 2023, Tennessee police arrested 609 sober drivers for DUIs, (2) while the news outlet reported earlier this year that one sober driver arrested for a DUI in Tennessee sued successfully for $75,000. (3) Local 3 News in Chattanooga reported in September that another Tennessee resident is suing police for $1 million after she says she was arrested despite passing all sobriety tests at a traffic stop. (4) Her case was eventually dismissed due to a lack of evidence, the news outlet reported.
For his part, Potts told WSMV reporter Jeremy Finley that he was “sure” he’d arrested sober drivers for DUIs, while Smith detailed an instance in which she said she felt pressured by a superior officer to arrest a sober driver for a DUI during a traffic stop.
“We’re being forced to ruin people’s lives.” Smith said.
The cost of wrongful DUI arrests
In an email to WSMV 4, the Tennessee Highway Patrol said it “does not have or use quotas for traffic stops, citations, or arrests.”
However, a new state bill signed into law this year is designed to keep better records of DUI arrests, including “sober DUI” arrests. (5) Stats show that Tennessee law enforcement made 20,941 DUI arrests in 2024 — up just over 6% from the previous year. (6)
And while there are no nationwide stats for wrongful DUI arrests of sober drivers, individual reports suggest that the issue isn’t just a Tennessee problem.
Earlier this year, Hawaii’s American Civil Liberties Union (ACLU) chapter filed a lawsuit against the Honolulu Police Department for 69 alleged wrongful DUI arrests — the vast majority of which were overturned. (7) In Colorado, a man who was arrested for DUI after passing both a breathalyzer test and drug-related blood test won a $400,000 lawsuit, (8) while a former officer in the state faced five lawsuits for alleged false DUI arrests. (9) And an Iowa teenager made headlines in 2022 over his alleged sober DUI arrest, he sued the officers who stopped him. (10)
That said, the majority of people wrongfully arrested for a DUI don’t get press coverage. And the cost of such an arrest is steep. To start, there’s the shame and trauma of having to face friends, loved ones, coworkers and people in your community after a DUI charge.
“Being wrongfully detained for a DUI places the victim in a world of humiliation, consequences, and struggle for no good reason,” according to the Law Offices of Adrian H. Altshuler & Associates. (11) On their website, the firm notes that, in Tennessee, a parent stopped for a wrongful DUI charge with their child in the car could have the child taken away by the Department of Children’s Services.
Then, of course, there are the financial costs. Leaders In Law notes that the hiring of a DUI lawyer to fight your case could cost between $1,000 and $10,000, with hourly rates hovering between $200 and $500. (12) They add that various factors, including the complexity of the case and the jurisdiction, can affect the cost of legal representation, but that first-time cases usually average between $1,500 and $5,000.
Byron Pugh Legal also points out that the myriad related costs of fighting a wrongful DUI charge, including everything from court fees to towing and impound charges, among other fines, can run into the thousands. (13) Plus, if your job requires you to drive, the charge could negatively impact your employment or future work opportunities.
Forbes, meanwhile, estimates that “the national average auto insurance rate increase for drivers with a DUI is 70% — an extra $1,470 a year.” (14)
All the more reason why it’s important to know your rights and how to fight back against a wrongful DUI charge.
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Tips for challenging a wrongful DUI charge
Legal experts say that there are important steps you can take to ensure you’re able to mount a credible fight against a wrongful DUI charge.
From the moment you’re pulled over, Las Vegas-based Defenders Criminal Defense Lawyers recommend remaining calm and avoiding confrontation with the police. Instead, they say to cooperate but also remember your rights — including the right to remain silent if asked about “where you were coming from or whether you had been drinking.”
Defenders, along with other legal experts, recommend writing down all the details of the arrest immediately after the fact so that you have a clear record of events if needed in court.
You’re also allowed in most states to record a traffic stop on your phone or another device as long as the recording takes place on public property and does not impede the ability of the police to do their job. Laws differ, however, between jurisdictions, but generally a video recording, like a written record, could help with your defense.
And Adrian H. Altshuler & Associates suggests keeping a tally of witnesses, along with their contact information and testimony about the events in question, to help aid in your defense.
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Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
WSMV 4 Nashville (1), (2), (3); Local 3 News (4); WZTV Nashville (5); Tenessee Crime Stats (6); Straight Action News (7); KMGH Denver (8); Coloradoan (9); Reason (10); Law Offices of Adrian H. Altshuler & Associates (11); Leaders in Law (12); Byron Pugh Legal (13); Forbes (14); The Defenders Criminal Defense Lawyers (15)
This article originally appeared on Moneywise.com under the title: Ex-Tennessee troopers blow whistle on DUI quotas, claim sober drivers were charged — what to do if it happens to you
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