“Sober DUI” Transparency Law Now in Effect

News flash (July 1, 2025): Tennessee’s new Public Chapter 327 / HB 1274 is live today. The measure orders the Tennessee Bureau of Investigation (TBI) to publish a yearly report that tracks every arrest for driving under the influence where no alcohol or other intoxicants are detected—often called a “sober DUI.” The reporting requirement lasts through July 1, 2029.

What is a “sober DUI”?

HB 1274 defines the term as any DUI arrest in which tests show “no alcohol or other intoxicants were detected in the person’s blood or breath.” (HB 1274 § 1(1))

Officers usually base such arrests on:

Field-sobriety tests (walk-and-turn, one-leg stand, HGN eye test).

Suspected drug impairment—for example, medication side-effects or fatigue mistaken for drug use.

Critics note that these subjective observations sometimes sweep up medical or sleepy drivers who later test completely clean. A 2024–25 WSMV4 series, “Sobering Problem,” documented more than 600 Tennesseans arrested for DUI who later registered a 0.00 BAC and no drugs.

Key provisions of the new law

Annual TBI report. On or before January 1 each year, the TBI must list:

– The total number of sober-DUI arrests, and

– “The law-enforcement agency making each arrest.” (HB 1274 § 1(2)(A)–(B))

Privacy safeguards. Driver names will not appear; only agency-level data is published.

Automatic sunset. The statute self-repeals on July 1, 2029 (HB 1274 § 1(4)).

Code section affected. The act amends Tennessee Code Annotated, Title 38—the chapter that governs state investigative agencies.

Why lawmakers stepped in

The push began after news media outlets uncovered dozens of Middle-Tennessee motorists jailed despite clean bloodwork.

How the new TBI data can help a DUI defense

1. Pattern evidence. If one agency logs an outsized share of sober-DUIs, a defense lawyer can argue the department’s training or bias skews arrests.

2. Probable-cause challenges. Showing that many of an officer’s DUI stops end with a 0.00 BAC undermines the officer’s roadside observations.

3. Expert-witness leverage. Toxicologists can compare the statewide sober-DUI rate to your case, bolstering “false-positive” arguments.

Attorneys can subpoena the raw spreadsheets under Tenn. R. Crim. P. 17(c) to review agency-level details before trial.

How this meshes with current DUI law

Implied-consent rule. Refusing a breath or blood test triggers a one-year license revocation on a first refusal (T.C.A. § 55-10-406(a)–(h)). A “sober” arrest therefore hurts even when no intoxication is found.

Field-sobriety tests are voluntary. You may politely decline, though refusal can still feed an officer’s probable-cause affidavit.

Rutherford County motorists:

Do

Stay calm and comply with lawful orders.

Ask an attorney about an independent blood test.

Contact a DUI-experienced attorney immediately—even if you know you are sober.

Don’t

Assume a 0.00 lab result automatically ends the case.

Miss your first court date; you will have a warrant and be re-arrested.

FAQs

When will the first TBI report be public?

The initial report is due January 1, 2026, covering arrests made in calendar-year 2025 (HB 1274 § 1(2)(A)).

Can my lawyer use this data in court right now?

Yes. Discovery subpoenas or public-records requests can obtain interim spreadsheets once the TBI begins compiling numbers—well before the formal January deadline.

Does the law change the DUI legal limit?

No. The per-se limit remains 0.08% BAC for non-commercial drivers; the new statute only adds reporting duties.

Ready to protect your record?

This post is for general information only and does not constitute legal advice. Every case is unique; consult an attorney for guidance tailored to your situation.