Tennessee’s ‘Sober DUI’ Crisis: A Wake-Up Call for Georgia Lawmakers

As a seasoned DUI defense attorney serving Cobb County and the greater Atlanta area, I’ve seen firsthand the devastating impact that a wrongful DUI arrest can have on innocent individuals. From lost wages and mounting legal fees to irreparable damage to one’s reputation and emotional well-being, the consequences are far-reaching. That’s why the recent revelations from Tennessee about ‘sober DUI’ arrests have caught my attention—and they should catch yours too. With new data showing a staggering 419 such arrests in 2024 alone, Tennessee’s experience highlights a critical need for transparency and reform. Georgia could benefit immensely from enacting a similar law to protect its drivers. Let’s dive into the story and why this matters for our state.

The Alarming Rise Of ‘Sober DUI’ Arrests In Tennessee

A multi-year investigation by FOX 17 News in Nashville has uncovered a troubling pattern in Tennessee: hundreds of drivers arrested for DUI despite being completely sober. According to data released by the Tennessee Bureau of Investigation (TBI), there were 419 DUI arrests in 2024 where blood tests later showed zero alcohol or drugs in the driver’s system. This represents a ninefold increase from the 45 reported in 2023.

The surge comes in the wake of Senate Bill 11166, passed last year, which mandates that law enforcement agencies compile and report a list of all DUI arrests resulting in negative toxicology results, including the arresting jurisdiction. Before this law, such information was shielded by privacy regulations, making it nearly impossible for the public—or even affected individuals—to access. The TBI’s updated figures also revealed a massive underreporting: since 2017, there have been 2,547 ‘sober DUI’ arrests statewide, over four times the previously disclosed 609.

Leading the list of jurisdictions with the highest numbers are various districts of the Tennessee Highway Patrol (THP), with Knoxville District 1 topping at 41 arrests, followed by Jackson District 8 at 40, and Nashville District 3 at 37. Other agencies like the Sumner County Sheriff’s Office (16 arrests) and departments in La Vergne, Clarksville, Madison County, Mt. Juliet, and Murfreesboro also feature prominently.

One poignant example from the report is Labreesha Batey, arrested in May 2024 by THP in Giles County after a field sobriety test. Body camera footage captured the moment, but weeks later, blood tests confirmed she was entirely sober. Stories like hers illustrate the human cost: innocent people facing handcuffs, jail time, court appearances, and the stigma of a DUI charge, all without any evidence of impairment.

The TBI cautions that negative tests don’t always mean absolute sobriety, as some impairing substances might evade detection due to the complexities of drug toxicology. However, they haven’t specified which substances, citing concerns over public safety and investigative integrity. This opacity only underscores the need for better safeguards.

The Hidden Toll Of Wrongful DUI Arrests

‘Sober DUI’ arrests aren’t just statistics—they represent real lives upended. Drivers proven innocent still endure:

• Financial Burdens: Towing fees, bail, attorney costs, and potential license suspensions can total thousands of dollars.
• Professional Repercussions: Job loss or missed opportunities due to a pending charge on one’s record.
• Emotional and Psychological Strain: The trauma of arrest, public humiliation, and the stress of fighting to clear one’s name.
• Family Impact: Strained relationships and disrupted daily life for spouses, children, and dependents.

Tennessee State Senator Raumesh Akbari, who championed SB 11166, emphasized the dual goal: preventing false arrests while ensuring truly impaired drivers are off the roads. “You don’t want people to experience the nightmare of a false arrest,” she said, while pledging to pursue further legislation.

Why Georgia Needs A Similar Transparency Law

Here in Georgia, DUI laws are strict, and for good reason—we all want safer roads. But without mechanisms to track and scrutinize ‘sober DUI’ arrests, innocent Georgians could be suffering in silence like the falsely arrested Shorter College field goal kicker in Rome, Georgia in October of 2025, much like their Tennessee counterparts. Enacting a law akin to SB 11166 would be a game-changer for several reasons:

1. Enhanced Transparency and Accountability: Requiring agencies to report negative-test DUI arrests would shine a light on potential flaws in field sobriety tests, officer training, or testing protocols. In Georgia, where THP-equivalent state patrols and local departments handle thousands of stops annually, this data could reveal patterns and prompt necessary reforms.
2. Protection for Innocent Drivers: A public registry of such arrests would empower individuals to challenge wrongful charges more effectively. It could also deter overzealous enforcement, reducing the risk of baseless arrests that clog our courts and waste taxpayer dollars.
3. Improved Law Enforcement Practices: By identifying high-incidence jurisdictions, lawmakers could invest in better training, advanced roadside testing, or policies that prioritize evidence over suspicion. This balances public safety with civil rights, ensuring impaired drivers are caught without ensnaring the sober and tempering over zealous law enforcement.
4. Prevention of Broader Injustices: Georgia’s diverse population, including urban areas like Cobb County, sees heavy traffic enforcement. A transparency law could address disparities, such as those affecting minority communities disproportionately impacted by stops.

Tennessee’s data shows the problem is growing—why wait for a crisis here? Georgia lawmakers should act now to introduce similar legislation, fostering a system that’s fair, efficient, and focused on true impairment.

Final Thoughts: Don’t Face A DUI Alone

If you’ve been arrested for DUI in Georgia—whether you believe it was wrongful or not—time is of the essence. As a dedicated Cobb County DUI lawyer with over 25 years of experience, I’ve successfully defended countless clients against flawed arrests, faulty tests, and overreaching charges. Stories like Tennessee’s remind us that justice isn’t automatic; it requires skilled advocacy.

Contact my office today for a free consultation. Let’s review your case, explore your options, and fight for the outcome you deserve. Together, we can push for reforms that protect all Georgians on the road.

George Creal is a DUI defense attorney based in Cobb County, Georgia. This blog post is for informational purposes only and does not constitute legal advice.