Tennessee’s highway patrol is facing scrutiny after internal communications revealed officers have been arresting sober drivers for driving under the influence (DUI). The issue came to light through media reports and public lawsuits, forcing the state to re-evaluate enforcement practices and enact legislative changes. This situation raises serious questions about police training, oversight, and the rights of individuals wrongly accused.
The Problem: Arresting Sober Drivers
According to records obtained by WSMV4, at least one Tennessee Highway Patrol (THP) trooper, James Zahn, has made multiple DUI arrests of drivers who had no alcohol or drugs in their system. Zahn was required to undergo four hours of retraining after these cases were brought to light. The issue isn’t isolated; internal emails show supervisors urging troopers to adhere strictly to training procedures to avoid lawsuits and disciplinary actions.
One supervisor warned in a June 2025 email that the media was “closely scrutinizing” DUI enforcement, while another encouraged Zahn to “keep doing the job the way you have been instructed” despite the controversy. The governor’s office reviewed a video response addressing the situation but chose not to release it publicly.
Lawsuits and Legal Challenges
Three individuals arrested by Zahn have filed federal lawsuits, including former U.S. Attorney Jane Bondurant, and two Tennessee residents. All three had blood tests that confirmed they were sober at the time of their arrests.
The controversy has also prompted legislative action. A new law now requires the Tennessee Bureau of Investigation (TBI) to track the number of sober drivers arrested for DUI annually, along with the agencies responsible for those arrests.
Legislative Response and Ongoing Reforms
A bill passed by the Tennessee Senate aims to allow out-of-state drivers to access their own arrest records, addressing a previous legal gap that prevented non-residents from obtaining their reports. The proposal arose from a case involving an Alabama woman arrested while sober who was unable to access her own arrest documentation due to residency restrictions.
The legislative changes signal a shift towards greater transparency and accountability within the state’s law enforcement system. However, the lawsuits against Trooper Zahn remain ongoing in federal court, ensuring the issue will continue to be debated in the legal arena.
This situation highlights a critical flaw in DUI enforcement, where misidentification or procedural errors can lead to wrongful arrests and legal repercussions for innocent drivers. The state’s response, though reactive, demonstrates a commitment to addressing systemic issues within the highway patrol.
