31 DUI arrests reported for New Year's Eve in 16 counties around Chattanooga

The Times Free Press reports today that 31 DUI arrests occurred over New Years as part of the "No Refusal" enhanced enforcement.

The Tennessee Highway Patrol arrested 96 people on suspicion of impaired driving in the 16 counties that participated in "No Refusal" enforcement efforts over the New Year's holiday.

In Hamilton County, 31 were arrested for DUI suspicion and one individual was compelled to take a blood test, according to a THP news release. A total of 48 seat belt citations were issued in Hamilton County.

Twenty-five bar checks were conducted where troopers visited bars in Hamilton County to remind patrons to be careful on the roadway.

"It's awareness and promoting safety," THP Lt. John Harmon of the Chattanooga district said, when asked about the goal of sobriety checkpoints.

The use of the THP hotline, *847, skyrocketed over the holiday period. For the entire Chattanooga 12-county district, 310 calls were received. During the same time period over an extended weekend in December, only 58 calls were received, Harmon said.

The "No Refusal" law allows officers to seek search warrants for blood samples in cases where impaired driving is suspected but suspects refuse to take a Breathalyzer test.

This year's enforcement period ran from 6 p.m. Dec. 28 through New Year's Day. In Hamilton County, there were two sobriety checkpoints and two driver's license checkpoints.

"The locations are picked for safety, traffic conditions -- traffic flow and points where DUIs have been received in the past," Harmon said.

Preliminary reports from the THP indicate that five people were killed in three separate crashes in participating "No Refusal" areas, specifically Hamilton, Knox and Wilson counties. None was alcohol-related.

Statewide, seven people were killed in five crashes during the New Year's Eve period, compared to five vehicular fatalities during last year's period. Two of the vehicle occupants were not wearing seat belts and two were pedestrians.
By Lee Davis

"No Refusal" law enforcement in effect on Hamilton County Roads For New Years

To combat drunk driving and the increased use of painkillers and other drugs while driving over the New Year's Day holiday, the Tennessee Highway Patrol and local law enforcement will be stepping up DUI and Drugged driving law enforcement on area roads. The "No Refusal" enforcement will be in effect today through New Year's day.

The most significant difference this year is that motorists who are impaired will not be able to refuse a blood test if an officer has probable cause to believe that the driver is impaired. Previously a motorist could refuse a blood or breath test. Under a law that went into effect earlier this year, a police officer who has probable cause may obtain a search warrant to secure the blood of a suspected impaired driver.

As the TN Department of Safety states, the “No Refusal” law, enacted this year by the General Assembly, allows law enforcement officials to seek search warrants for blood samples in cases involving suspected impaired drivers. Previously, a suspected impaired driver could refuse a blood alcohol content test and face charges of violating the implied consent law. This new law enables law enforcement to legally obtain blood samples by working with prosecutors and judges throughout the state during the warrant acquisition process.

This process will be in effect throughout Hamilton County. This link provides a list of where Tennessee Highway Patrol will be conducting DUI checkpoints today through New Year's Day.

The legislation was passed in part because of the persistent danger of drunk driving and also because of the dramatically increased rates that impaired people driving are impaired by painkillers and other drugs. These drugs do not show up in a standard breath test but can be detected though blood analysis. A forced blood draw supported by probable cause is a significant step to combat the problem.

THP Set to Crack Down on Impaired Driving as Fatalities Increase

According to recent numbers appearing on the state’s TDOT “SmartWay” electronic message boards, the number of traffic fatalities in Tennessee is on the rise. The most recent numbers shown on the board indicate that Tennessee roads have seen 765 deaths so far this year. That compares to the 728 which had been seen at this point last year.

Law enforcement agencies across the state, including the Tennessee Highway Patrol, have said they will begin cracking down on drunk drivers as a way to hopefully reduce the number of deaths in the state. Arrests statistics indicate that crackdown is real given that between January 1 and the end of September, THP made 4,349 DUI arrests statewide. By way of comparison, last year that same timeframe saw only 3,487 DUI arrests.




The THP says that the plan is to continue to increase enforcement of impaired driving to bring down the state’s increasing fatality rate. It should be pointed out that this strategy is hardly a guarantee for success. After all, the number of DUI arrests across the state are up by nearly 25% though fatality rates have also risen.

Some have raised questions about the benefits of the state’s somewhat strict punishments associated with DUI convictions, especially those for first-time offenders. In Tennessee, first-time DUI offenders face a mandatory two-day jail term, over $2,500 in fines and fees, one-year suspension of the driver’s license, and, more troubling to critics, the misdemeanor can never be expunged from their record.

The lifetime provision of the state’s DUI law is especially tough for those who have never faced any trouble before or after. Though the state’s legislators recently passed a law allowing for the expungement of certain felonies, a DUI is not included--and it is a misdemeanor.

The long-term damage that such a lifetime record can cause is serious. Many people in Tennessee find themselves having trouble finding a job with a DUI conviction on their record as employers often conduct background checks before hiring. In some cases colleges can deny admission to those with a DUI and other professional organizations can deny certification thanks to the presence of a DUI, even one that took place many, many years ago.

Though no one recommends that those convicted of impaired driving get off lightly, punishing someone for the rest of their lives serves little purpose other than to mark them for life.

Read: “TN roadway fatality numbers continue to climb,” by Jennifer Meckles, published at WBIR.com.