Tennessee law enforcement is standing by thousands of DUI arrests made without evidence of alcohol or drug impairment, despite growing public and legal scrutiny. The state’s Highway Patrol (THP) insists that these arrests are justified based on observable behaviors, field sobriety test results, and officer assessments.
The Controversy
Over the past several years, THP has arrested at least 2,547 drivers for DUI who subsequently tested negative for alcohol or drugs. This practice came under fire in 2025 when FOX 17 News began investigating, leading to new state legislation requiring annual disclosure of “sober DUI” statistics. In 2024 alone, 419 such arrests were made statewide.
The Patrol’s Justification
According to THP Colonel Matt Perry, every arrest is supported by “evidence” and “indicators” of impairment. These include slurred speech, bloodshot eyes, odors associated with alcohol or drugs, and performance on field sobriety tests. Perry maintains that troopers don’t arrest solely on suspicion of alcohol odor but consider the “totality” of observed behavior.
Internal Pressure and Enforcement Goals
Internal THP documents obtained by FOX 17 News reveal a history of enforcement goals, including requirements for troopers to make at least two “contacts” per hour during certain DUI enforcement shifts. While the THP claims this benchmark applies to general patrol activity, several sober DUI arrest reports mention “alcohol odors” and “failed eye tests” even when no alcohol was detected.
Legal Challenges and Transparency
The state now faces multiple lawsuits over these arrests, raising questions about probable cause and due process. The ongoing investigation and legislative changes suggest increased pressure for transparency from law enforcement.
The THP’s insistence that every arrest is justified, despite negative drug and alcohol tests, highlights a concerning reliance on subjective officer observations. It remains to be seen whether greater transparency will resolve these legal challenges and address public concerns about potential overreach in DUI enforcement.
