Driving under the influence is a dangerous and reckless activity that can ruin far more lives than just the intoxicated driver. It’s why so many jurisdictions across America take driving under the influence very seriously. A DUI can destroy your finances, your employment, and future opportunities, but you don’t have to worry about that so long as you drive sober, right? Sadly, as at least 2,547 drivers in Tennessee have learned the hard way from 2017 to 2023, you can be legally sober and still catch a DUI.
This story caught our attention as it spread across the news and social media. Many Americans are learning that false DUI arrests are a thing, and this revelation is thanks to the excellent reporters at WSMV4 in Nashville, Tennessee. The station has a long-running investigation into false DUI arrests in Tennessee and across America, and its results have been sobering.
In 2022, WSMV4 Investigates launched “Sobering Problem.” It’s an excellent series of investigative journalism that deserves some time in the spotlight. Here’s how the station describes it:
Every day, officers in Tennessee pull over and arrest drivers believed to be under the influence. But what happens to those who aren’t intoxicated?
Since 2022, WSMV4 Investigates’ “Sobering Problem” series has exposed a troubling trend of sober Tennessee drivers being wrongfully arrested for DUI. Chief Investigator Jeremy Finley uncovered a lengthy delay in blood tests that destroyed the lives of sober drivers while they waited to be proven innocent.
The shocking discoveries went on to spur the creation of a new state law and earn a Regional Edward R. Murrow Award.
It Started With A Mom
WSMV4 was first alerted to something suspicious with Tennessee’s DUI arrests back in 2022. On June 20, 2022, the outlet published a story with the headline “Blood test shows woman charged with DUI/felony child neglect was sober at time of arrest.” The video is embedded above. Here’s what the story stated:
After working 41 hours in three days caring for COVID patients, Katie Slayton had the day off on Sept. 22, 2021. A single mother of a five-year-old son, the Williamson County nurse had dropped him off at daycare that evening so she could run to the mall. A few hours later, she picked him up and prepared to pull out of the parking spot when she saw police lights directly behind her.
What would happen next would result in devastating consequences: charges of DUI and felony child neglect, separation from her son for nine weeks, and an agonizing six months of waiting for blood test results. A test that would ultimately show she was sober the entire time. “(Franklin police) have traumatized my son; they have traumatized me. They have driven a nurse, with a clean record in 3 states, right out of Franklin, Tennessee,” Slayton said.
In the story, WSMV4 explains that Slayton’s nightmare started after a worker at the daycare called the police, saying that Slayton seemed “off.” Reportedly, the worker told police that Slayton was talking to herself, walking in circles, and scratching her head.
Police would make contact with Slayton, and she explained that she was sober. She even agreed to a field sobriety test. Likewise, an officer in the interaction even said that they didn’t smell any alcohol. Slayton noted that she took Prozac and Adderall for ADHD.
Police then take Slayton’s five-year-old son away before having her do the field sobriety test. Reportedly, this stressed Slayton out, and she got shaky while performing the field sobriety test. Police conclude that she has slurred speech and must be drunk. They arrested her, and since she had no family in Tennessee and a dead phone, her son was put into the custody of the state.
It would take nine weeks for the blood test to come back, which showed that she was not drunk. A psychologist then had to examine Slayton to deem her fit to take back custody of her son. All of this meant that, for nine weeks, she was separated from her son, and she faced charges for felony child neglect and DUI despite not being drunk at all. Once the blood test came back clean, the charges were dropped. But that was it. She was never given an apology or anything. Slayton responded to the result by taking her son and leaving Tennessee. That’s fair.
The investigation suggested that, in Slayton’s case, maybe she was believed to be drunk due to her ADHD behavior, which reportedly can be similar to drunken behavior to the untrained eye.
Here’s how the Tennessee Code defines driving under the influence:
- It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park, or apartment house complex, or any other premises that is generally frequented by the public at large, while:
- (1) Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess;
- (2) The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (0.08%) or more; or
- (3) With a blood alcohol concentration of four-hundredths of one percent (0.04%) or more and the vehicle is a commercial motor vehicle as defined in § 55-50-102.
The consequences for DUI convictions in Tennessee are harsh. For example, here’s what a first conviction would get you, from the National College of DUI Defense:
For a DUI 1st conviction: Eleven month and twenty nine day (11/29) sentence, with a minimum service or forty eight (48) hours jail, a fine between $350.00 to $1,500.00, Alcohol safety class, suspension of drivers license for one (1) year. (Eligible for restricted license). If your blood or breath sample is .20% or higher the jail time is seven (7) consecutive days.
WSMV4 warns that, as of this year, police can use “reasonable force” to get a blood sample and that the license suspension minimum is now a year and a half. If you keep on driving drunk and get six or more DUI convictions, here’s the consequence:
For DUI 6th or subsequent convictions: This is a C-felony, with a range of punishment from three (3) to fifteen (15) years imprisonment, with a minimum of one hundred and fifty (150) consecutive days in jail, a fine between $3,000.00 and $15,000.00, and a loss of driver’s license for eight (8) years. (Eligible for Restricted License with an Ignition Interlock Device).
It Gets Worse
This sparked a greater investigation. Slayton was far from the only person to be charged with a DUI or worse despite not being under the influence. Throughout 2024, WSMV4 Investigates revealed the stories of several people who were arrested for DUI and were later found to be sober. In more than one instance, arresting officers allegedly even refused to let the person blow into a breathalyzer despite believing they were drunk. WSMV4 Investigates even found at least one instance where Tennessee Highway Patrol troopers muted their body cams while arresting someone for an alleged DUI.
Then, on November 4, 2024, WSMV4 dropped a bombshell of a report titled “609 sober drivers arrested for DUI in Tennessee between 2017-2023.” Reporters dug into Tennessee Bureau of Investigation (TBI) data on DUI arrests and found something shocking. From WSMV4:
WSMV4 Investigates’ reporting found a backlog of alcohol and toxicology tests at the TBI means innocent drivers are losing their jobs and insurance while they wait to clear their names.
[…]
The TBI data shows the arrest of sober drivers happened one or less than one percent of the time in that time frame. The vast majority of DUI arrests resulted in either alcohol or drugs found in the driver’s system. But because there are so many DUI arrests, an average of 15,000 a year, that one percent has resulted in hundreds of arrests of sober drivers. WSMV4 Investigates spoke with Alex Otte, executive director of Mothers Against Drunk Driving in Tennessee. “Nobody wants drunk drivers on the road, ever. But what does it say that we keep finding sober people being arrested for DUI? I have heard of those on a very limited scale and those are, of course, tragic for anyone involved,” Otte said. WSMV4 Investigates is now seeking reactions to the data from law enforcement agencies and prosecutors. We are also asking the TBI to release the locations of the arrests as well as the police agencies responsible.
State lawmakers were incensed to hear that Tennesseans were being arrested for drunk driving when they weren’t drunk. The result was Senate Bill 1166, which was signed into law by Governor Bill Lee on May 2, 2025. The law required the Tennessee Bureau of Investigation to identify just how many sober people have actually been arrested for DUI despite actually being sober.
More Than 2,500 Legally Sober People Arrested
In January 2026, TBI finally reported its findings, and the situation was far worse than even WSMV4 discovered. TBI admitted that it grossly undercounted its report of people falsely arrested for DUI by thousands of cases. The now official estimate is that 2,547 Tennessee drivers have been arrested for DUI between 2017 and 2023, even though blood tests had proven they had no alcohol or drugs in their systems. On average, cops in Tennessee arrest around 15,000 people for DUI each year. At first, it was believed that up to one percent of those arrested for DUI were actually sober. Now, the data suggests that it’s slightly more than twice that on average.
Why Are Sober People Getting DUIs?
Now that the data has been revealed, the big question is simply “why?” How are so many sober people getting charged with DUIs? WSMV4 interviewed former state police officers Ashley Smith and Adam Potts. Both claim that these false arrests were due, at least in part, to increased arrest quotas. The video is embedded above. From WSMV4:
WSMV4 Investigates obtained internal maps emailed to troopers in the Jackson district, and recorded audio from a trooper’s meeting in Chattanooga, which Smith and Potts say reveals the department’s insistence that DUI arrests increase. In the recorded meeting, officials told troopers to “arrest every DUI that you can get your hands on” and “load the jail full of them.” The meeting, led by Captain Patrick Turner out of Chattanooga, stipulated that troopers on the midnight shift would be required to make 100 DUI arrests each year.
“Well, it could look like arresting a hundred plus DUIs a year,” Turner said when describing what “hard work” looks like for troopers. Turner can also be heard saying, “You turn in 33 DUIs for a year… And 1.7 contacts (meaning people pulled over for traffic violations)… You’re gonna get spanked.”
Tennessee Highway Patrol denied the allegations despite the recording. The news station then found that Captain Bruce McCarley allegedly sent out “DUI Maps” which showed which officers were operating in certain counties and how many DUI arrests they had made.
WSMV4‘s investigation would end up spreading beyond the borders of Tennessee, and the station has reported that sober people all over America are getting arrested for drunk driving. See the attached video:
The most recent report from the station detailed the story of Tennessee Highway Patrol trooper Asa Pearl. The station reported that 41 of Pearl’s arrests from 2021 to 2024 were dismissed. In eight of those cases, blood tests revealed no alcohol or drugs in their blood at all. In 14 of those cases, no drugs were found, and alcohol levels were below the legal limit. The 19 other cases were dropped for various reasons, including Pearl not showing up to court and Pearl not being able to remember the details of the arrest. Pearl resigned in 2024 with no reason given.
The Highway Patrol Responds
The Tennessee Highway Patrol says that the arrests were valid and that the quota story is false. WZTV Nashville has been conducting its own investigation for two years, and here’s what it reported in January 2026:
Tennessee Highway Patrol Col. Matt Perry testified before the Senate Transportation and Safety Committee on Wednesday. Sen. Mark Pody, R-Lebanon, asked Perry about news reports of people being arrested despite having no drugs or alcohol in their system.
“There’s certainly no quota like some of these articles have pushed,” Perry said. “A trooper’s job is to go out there and arrest every impaired driver, and in cases where people have come back with no blood alcohol or drugs in their system, we review every one of those.
“We have not had one case … and we have our experts in our department review those … we have not had one that they said, ‘Yeah, this was somebody that probably should not have been arrested,’” he said. “Every review we’ve done on all these cases, there’s evidence. There are indicators … field sobriety testing, roadside indicators … the odor of alcohol, the odor of certain drugs, bloodshot, watery eyes … slurred speech. We don’t smell alcohol and then go, ‘OK, we’re taking you to jail now.’”
WZTV Nashville questions how it’s possible that officers smelled alcohol on people who test negative for drugs or alcohol. It’s noted that, following a clean blood test report, courts dismiss these DUI cases.
Unfortunately, the reporting suggests that not much has changed. An attorney interviewed by WSMV4 ended the story with a chilling remark that “this could happen to your child. This could happen to your parent. This could happen to your coworker.” The mountain of evidence uncovered by WSMV4’s great journalists suggests that’s not an exaggeration.
I highly recommend reading the news station’s reporting on this because I’ve captured only a sliver of the more than a few dozen stories on the matter. Otherwise, drive safely. Put down the phone, call an Uber if you’re intoxicated, and don’t treat the road like a racetrack. Good luck!
Top image: Tennessee Highway Patrol
Attorney here. Let me start by saying that impaired drivers should be arrested. I do not represent anyone that fails a breathalyzer or blood test. No reason to drive impaired, period. That being said, I have talked to higher ranking officers in the local police department that admit to telling patrol officers to state “I detect the odor of alcohol” very soon after pulling someone over on most occasions. This is to give them a basis/probable cause later when questioned why they arrested someone. Have advised my kids and others to respond “no sir, you do not” in a polite but insistent tone of voice, and if the stop continues, to ask to be sure that the officer’s body camera is on and working, again politely.
Making America Great again.. Sundown laws and the need for RAS has just been replaced with “I smell weed”.
I interned as a prosecutor during my last year of law school. Good practical experience, basically letting soon to be lawyers get in the courtroom and get comfortable under supervision of young lawyers. If I read an officer report he/she smelled “the distinct odor of alcohol” and observed “bloodshot and glassy eyes” in one arrest affidavit, I read it in 500.
Police forces have bragged they are making more DUI arrests, which proves how effective their enforcement is.
When you look at results, numbers show the opposite.
They go from low numbers of highly impaired drivers to higher numbers of barely arrestable or illegally arrested drivers pulled over without cause.
Fishing stops, instead of patrolling for actual dangerous driving.
I’m pinning this, because oh my it’s great advice!
Great story!
I would like to draw your attention to the lack of due process in TN DMV licensing, and this is not recent.
The legal profession fought it, but it was changed and now there is none.
Also, Georgia has certified some police to become stoner experts, ie another fake skill.
Their record is as accurate as dogs are at providing probable cause, lower than random chance.
The attorney above should bear in mind that that’s not how investigation works.
Everything is questioned. Everything!
Breath tests are junk science, and blood alcohol itself is not evidence of anything except blood alcohol.
When I had to deal with drug testing, I found the guy that invented blood tests for the government, and he confirmed that many cheap shortcut tests are unreliable.
There are occasions to refuse testing or get your own accurate test yourself, based on gas chromatography.
But, as I warned a coworker once, that one will be accurate.
Along with all these gimmicks, the background check gimmick was a device intended to restrict access to human rights.
The old joke is “I never pass a background test.” funny because it was so often true.
The slipshod way it was designed is the reason. It took years before I passed one, and that took having them root out cases with even similar names from old files.
Friend took over a year to pass his first one, thanks to California obstruction.
An attorney gave me truly brilliant advice once. Advised me to order official background checks on myself, state and federal.
Best to get the most verified type.
This preserves a snapshot in time in case it is ever needed. Also it may be useful at other times in lieu of the time and expense of a new report.
This sort of frozen snapshot will not exist if you don’t do this.
I like the idea of an internal review. It’s like letting students grade their own tests or homework.
It’s good to see some investigative journalism still exists in the age of partisan hacks. Big kudos to WSMV.
WSMV is such a great station. I did project work there several times and the whole staff just had a cool and competent vibe.
Col. Matt Perry is a big liar….
Altogether too often, stories of bad behavior by LEOs seem to occur in the southeastern part of America. To justify their existence, they become revenue enhancement agents and do what they can to make the collars. I believe in law enforcement and have respect for the people on the job. In fact I’ve had several friends in various agencies, but there are a certain percentage of LEOs who probably shouldn’t be in the position.
These trumped up charges are evidence of excessive “patrolling”, as was the officer who lit up a pregnant woman late at night on a highway lined with construction barricades. Performing the PIT maneuver on her when she was going slow, and had her 4-way flashers on was over the top… as in putting her upside down. Just like the excesses of ICE agents in Minnesota, too much is too much.
Southeast?
I guess you’ve never been to New York, California, Illinois, Indiana or Nevada?
I could name more places.
I have lived in California since 1968. I have gotten speeding tickets, but probably none of them were totally undeserved. And, yes, there have been some really bad apples. It just doesn’t seem to rise to the levels documented elsewhere. There has been breathtaking incompetence and a couple of truly evil LEOs that got away with murder for a long time. California has way more than its fair share of DAs who have turned cops efforts into a mockery with revolving door jails. Way too many bad people have been released before the cop has finished the paperwork.