‘This could happen to your child’

Since 2017, more than 2,500 Tennesseans have been arrested for DUI only to have blood tests later show no alcohol or drugs in their system (3).

Ex-servicemen say there is a reason why the numbers are so high. Ashley Smith and Adam Potts, both former THP officers, told WSMV4 Investigates that intense internal pressure to make DUI arrests was contributing to the false charges (4). A recorded audio obtained from Chattanooga THP Captain Patrick Turner showed him telling officers to “arrest every DUI you can get your hands on.”

“This is corruption. We’re ruining people’s lives. We’re bound to ruin people’s lives,” Smith said.

The problem is not limited to Tennessee. A nationwide WSMV4 investigation found drivers arrested for DUI in 22 states, including Alabama, Hawaii, Florida, and Iowa.

Part of the issue may be the test itself. A 2023 randomized clinical trial published in JAMA Psychiatry found that trained law enforcement officers classified 49.2% of completely sober participants as impaired based on field sobriety tests. When sober participants failed, authorities suspected that 99% of them had taken drugs—none of them had (5).

In response to WSMV4’s reporting, Tennessee Sen. Raumesh Akbari passed legislation requiring the TBI to compile and publicly release DUI arrest data compiled by the agency (6) each year.

“Tenesseans deserve transparency and accountability in law enforcement,” Akbari said. “When people start questioning whether an arrest is made for any reason other than public safety, trust erodes.”

Colonel Perry testified before state lawmakers in January 2026 – his first public appearance addressing the inquiry. He said there was no quota system and the agency had not found any cases of inappropriate arrests

“We didn’t have them say, ‘Yeah, this was someone who probably shouldn’t have been arrested,'” Perry told lawmakers (7).

When charges are eventually dropped, a DUI arrest triggers a cascade of costs that can take years to recover.

The immediate cost is simply staggering. Towing and impound fees typically run from $200 to $500. Bail can range from $500 to $2,500. Attorney fees for a DUI defense average about $3,150 nationally, but complex cases can push more than $10,000. Court and administrative fees range from an additional $300 to $1,200. All told, the first-year cost of a DUI arrest can range from $10,000 to $25,000 (8) (9).

Stephen Smart knows these numbers firsthand. A Knoxville resident was arrested by state troopers in 2025 for DUI. His blood work came back negative for alcohol and drugs. By the time his case was settled, he had spent $10,500 in legal fees.

“I wiped out my entire savings,” Smart told WSMV4 Investigates. “And then I just had to start all over again.”

Then there is insurance. A DUI arrest can increase auto insurance premiums by 80% to 400%, and those rate increases typically last for three to 10 years. Many drivers pay more than $10,000 in additional premiums in just the first three years. Some insurers cancel policies outright, forcing drivers with higher risk SR-22 coverage at even higher rates.

And the damage doesn’t stop when the charges disappear. Arrest records don’t always disappear with expungement. A DUI charge can surface on background checks for seven to 10 years, limiting employment and housing opportunities regardless of the outcome.

The psychological toll can be just as severe. Roger Lewis, a sober driver arrested by Mount Juliet police for DUI, said the experience left him unable to leave his home for about six months. Lewis, who has neuropathy and has had six knee surgeries, was made to perform a field sobriety test that required him to walk and stand on one leg. His blood work later showed no alcohol – only prescribed pain medication (10).

“I had to go see a special doctor. I still can’t sleep. I’m still not back to normal,” Lewis said.

Carl Binkley, a recovered heroin addict who had been clean for six years, was arrested by a THP trooper in Coffee County for DUI. Body camera footage shows Binkley telling troopers about his sobriety before being handcuffed. It took six months for his blood work to confirm what he already knew—he was completely sober (11).

“I literally pulled over on the side of the interstate and cried,” Binkley said.

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The wrongful arrests are now fueling a wave of federal lawsuits. Five sober drivers have filed lawsuits against the Tennessee police agencies that arrested them, alleging false arrest and unlawful possession. One case has already been settled — Thomas Manis, who was arrested by THP troopers in Monroe County in 2023, received a $75,000 settlement from the Tennessee Board of Claims.

Lewis, who has seen more than 600 other cases in WSMV4’s reporting, said the cases are bound to change from the top down.

“Someone, starting with the governor up, has to do something in Tennessee,” Lewis said.

McKenzie’s warning is one that lingers: “It could happen to your child. It could happen to your parent. It could happen to your colleague.”

Drivers should be aware that field sobriety tests—walks and turns, one-leg stands, and similar roadside exercises—are voluntary in every US state. According to the legal resource Justia’s DUI and DWI Law Center, “Field sobriety tests are voluntary, and are not required by law to complete the tests” (12). There is no legal penalty for refusing them, although authorities are not required to tell you this, and in some states, your refusal may be referred to in a police report or in court.

Chemical testing is a different matter. Breathalyzers and blood draws are governed by implied consent laws, which means that once you’ve been legally arrested for DUI, refusing a chemical test can trigger automatic penalties, including license suspension—even if you were actually impaired.

If you are pulled over and asked to take a field sobriety test, you have the right to politely decline. If arrested, document everything and contact an attorney immediately.

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WSMV4 / Gray News (1); WSMV4 (2); WSMV4 (3); WSMV4 (4); JAMA Psychiatry (5); WVLT (6); WSMV4 (7); cob defense (8); SafeHome.org (9); WSMV4 (10); WSMV4 (11); justice (12)

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