Arrest tileMEMPHIS – A newspaper investigation has found that Tennessee has a loophole in its drunken driving law.
The Commercial Appeal reported its analysis found that a person potentially could spend more time in jail for driving drunk and getting pulled over than for someone who causes a fatal accident while driving under the influence.
The newspaper found at least three offenders who have avoided jail time in Shelby County.
Meanwhile, the state’s law for first offense drunken drivers is among the toughest in the nation, requiring jail time of at least 48 hours.
“That’s ridiculous,” said Nashville attorney Tom Kimball, who trains prosecutors and police officers on DUI laws. “That’s a horrible loophole.”