Are Prosecutors and Police Officers Incentivized to Make DUI Arrests?

It certainly appears possible or even probable that this may be the case.  That is partly because the state provides extra money to different prosecutor offices and police departments to help prosecute DUI cases based on data related to DUI arrests and DUI convictions.  This means there is an extra incentive to move more DUI cases through the criminal justice system and to keep a DUI case charged as a DUI even when there may be evidence involved in the case that contradicts the DUI charge.

Throughout the United States, police departments in different states have been placed under the microscope with alleged wrongdoing in DUI cases. And this issue also impacts DUI investigations, as well as, DUI prosecutions in Tennessee. In fact, the problem is so far reaching in Tennessee that “driving sober” is a term that is being used to define individuals who have been arrested and prosecuted for suspicion of DUI in Tennessee but ultimately turn out to be completely sober at the time of their arrest.

The “driving sober” problem is reflective of a system where revenue drives DUI arrests which in turn can create a system that favors and encourages the police and prosecutors to aggressively investigate and prosecute DUI charges in Tennessee and disfavors the individual who is arrested or charged. As the Foundation for Economic Education explains, “revenue-driven law enforcement can distort police behavior.”

The Need for Probable Cause

A foundational bedrock principle of the American criminal justice system is that the police must have probable cause to arrest an individual for DUI in Tennessee.   Probable cause means that the police have an objective basis that a particular person has committed a criminal offense. The Tennessee Supreme Court has explained in State v. Reynolds (2016) that probable cause “means more than mere suspicion but less than absolute certainty” that the defendant has committed a crime. The United States Supreme Court declared in Brinegar v. United States (1949) that “the substance of all definitions of probable cause is a reasonable ground for belief of guilt.”

What is important to understand is that the police must have individualized suspicion grounded in something real that the defendant is committing a crime.  The police cannot rely on a mere hunch. However, police officers investigating a DUI will always interpret the facts to support arresting someone for DUI; such as red, watery, eyes must mean DUI as opposed to the person is tired or such as someone who has a hard time following instructions must mean the person is DUI instead of nervous, anxious, stressed, or confused by bad directions given by the investigating officer.

A good DUI attorney will hold the government’s feet to the fire and require the government to show that the police really had probable cause to make an arrest.

Legitimate Reason to Pull over Vehicles

In the DUI context, the police need to have a legitimate reason to pull over your vehicle.  If a person is swerving in between lines and driving erratically, then the police arguably have a legitimate reason to pull over the vehicle on the basis of a driving violation.  This is because the individual has violated traffic laws and could possibly be an impaired driver.

But, the police are not allowed to pull a vehicle over for no reason at all.   That is illegitimate and unreasonable.   The scary thing is that the police may engage in more illegitimate and illegal vehicle stops if they are financially incentivized to make more DUI arrests. And, even worse, the officer may then try to make the stop a DUI for reasons that do not support a DUI charge.

Right to Refuse Field Sobriety Tests

When the police pull over a vehicle and believe that the driver may be impaired, the police may ask the driver to perform field sobriety tests.  In Tennessee, drivers have the right to refuse to perform field sobriety tests. You are not required to perform field sobriety tests simply because the officer asks you to in a commanding tone.  This is an important fact that you should remember if you are ever pulled over by a police officer and asked to perform such field sobriety tests in Tennessee.

And it is equally important to recognize that officers use field sobriety tests to support a DUI arrest; i.e. they are trying to make an arrest for DUI appear to be more reasonable. Without field sobriety tests, officers can only rely his or her other observations if you refuse a field sobriety test. For example, the officer may focus upon your eyes, the quality of your speech (slurring of words or stuttered speech because of being tired or nervous may be used by the officer to claim that such speech is an indication of impairment), or how you interact generally with the officer (such as your demeanor and general appearance to the officer).

Refusal of Blood Tests

If a law enforcement officer has probable cause to believe that a person is operating a vehicle under the influence, the officer may ask the person to submit to a blood test. It is important to understand that you do not have to consent to a blood test request made by an officer. Tennessee law provides that blood tests may be performed only under the following circumstances:

(1) The vehicle operator’s consent to submit to blood tests, or

(2) A search warrant.

This means that police officers may only make you submit to a blood test with your permission or with a valid search warrant issued by a judge for a blood test to be taken. If the officers do not meet these criteria, then a forced blood test would constitute a flagrant violation of the Fourth Amendment which prohibits law enforcement officials from engaging in unreasonable searches or seizures.

If you have been arrested for DUI in Tennessee contact Legal Powers today for a free consultation.