New DUI Law Makes Spectacle of Offenders

A new DUI law went into effect on January 1, 2006 in Tennessee that will require first-time DUI offenders to pick up trash on the roadside during the day, wearing bright colored clothing with the words ‘I am a DRUNK DRIVER’ in large bold lettering.   Law enforcement and other organizations are outraged by the financial burden this radical law will place on communities who must foot the bill for the cost of implementing this DUI penalty. 

This law was passed through the state legislature without the governor’s endorsement. 

Courts are forced to issue this mandatory penalty for all convicted DUI offenders, since the new law does not allow for alternative sentencing.  The DUI provision requires that ALL first-time and subsequent DUI offenders remove litter from state highways for a total time of 24 hours, broken into three shifts during daylight hours.  This requirement is not supposed to interfere with employment and must be fulfilled within a thirty-day period.   

The estimated cost of executing this new DUI law is at least two million dollars for the entire state of Tennessee.  No additional funding has been given to counties from the state to implement this new law.  In order to carry out this new DUI litter pick-up program, counties must purchase vehicles to transport offenders to and from pick-up sites, hire personnel to oversee the program, purchase equipment, and cover other costs.  The sheriff of Roane County points out that liability for injuries, which may occur during the course of this program’s operation, must also be considered. 

Additionally, the state is trying to attach state litter clean up grants to the new DUI litter pick-up program.  Many officials say it is not feasible or safe to combine these programs.  Currently, the state operates a program in which state prison inmates collect trash on the roadside.  This program has a proven benefit to the community. 

“We cannot combine the programs because we can’t co-mingle inmates and DUI offenders,” argues Blount County Sheriff Berrong.  He explains:  “There would be all kinds of problems such as the possibility of contraband being passed from a DUI offender to an inmate.” 

This outlandish law has been called “The Shame Law,” because it is intended to embarrass DUI offenders in an attempt to prevent people from committing the same offense in the future.  This DUI law replaces an older law that required offenders to spend 48 hours in jail.  Now, the second 24 hours of that penalty must be served roadside on DUI trash pick-up duty. 

The governor has voiced concern about the reduction of jail time in favor of community service.  Advocates with Mothers Against Drunk Driving (MADD) say that jail time, NOT community service, is the best deterrent to drunk driving. 

Counties are trying to scramble together some way to implement this new law.  One county has plans to borrow the jury transportation van and take personnel off law enforcement duties to carry out this DUI law.