WSMV4 investigation uncovers more than 600 DUI arrests in Tennessee

LEBANON, Tenn. (WSMV) – That’s the first thing you notice when you watch the dash cam footage as Wilson County deputies approach Xavier Gray’s car.

Gray’s hands are up as the first deputy arrives.

“First of all, I’m afraid of the police,” Gray told WSMV4 Investigates.

Admitting he was intimidated and afraid of losing his license, dash cam footage shows him readily agreeing to a field sobriety test.

According to the affidavit, Gray crossed the center line. The deputy wrote that Gray’s eyes were red and he was slow to answer questions. The affidavit states that he was impaired during all field sobriety tests.

Gray’s reaction to being handcuffed can be seen on body camera footage.

“You were arrested for drunk driving. good?” – says the deputy in the video.

“Ha? I don’t even drink or anything. That’s crazy,” Gray replied.

A few months later, a blood test processed by TBI shows that there was no alcohol or drugs in his system.

“I knew there was nothing in my system,” Gray said, adding that he was arrested early this morning as he was on his way to work to write checks for his employees at his trucking company.

“I make a living driving a dump truck. This is my entire livelihood,” Gray said. “I was very afraid of losing my license.”

Gray is latest drunk driver identified by WSMV4 Investigates has been arrested for DUI in Tennessee.

WSMV4 Investigates message found Accumulation of alcohol and toxicology tests in TBI means innocent drivers lose their jobs and insurance while they wait to clear their names.

The data does not include those arrested in 2024 who were sober. Xavier was arrested on May 17, 2024.

“This is a miscarriage of justice,” Gray said. “They seem to be doing it all over Tennessee.”

The data does not show where the arrests took place or which police agencies made them.

TBI data shows that drunk drivers were arrested one or less than one percent of the time during that time period. The vast majority of DUI arrests resulted in the detection of alcohol or drugs in the driver’s system.

But because there are so many arrests, an average of 15,000 a year, the one percent resulted in hundreds of drunk driving arrests.

WSMV4 Investigates spoke with Alex Otte, executive director of Mothers Against Drunk Driving in Tennessee.

“No one ever wants to have drunk drivers on the road. But what does it mean that we continue to find sober people arrested for DUI? I’ve heard about it on a very limited scale, and it’s certainly tragic for everyone involved,” Otte said.

WSMV4 Investigates is now seeking reactions to the data from law enforcement and prosecutors. We are also asking the TBI to release the locations of the arrests as well as the police agencies responsible.

Gray said it’s frustrating to know how often this happens to people like him.

“You know what’s scary? Thinking about how hard I worked to stay out of trouble, right? And then something like this happened,” Gray said.

WSMV4 Investigates continues to argue that the data should be public

After documenting so many cases, WSMV4 Investigates spent a month filling out open records requests, asking the TBI for blood test data from the last seven years of all people who tested positive for alcohol or drugs.

The TBI has repeatedly denied our request, saying their investigative records are confidential. WSMV4 Investigates then requested the statistics.

The TBI responded with a report that the agency said was created “several months ago.”

This report provided statistics for all people who were arrested for DUI and the percentage of alcohol in their system at the time of their arrest.

“This document details only the results of the alcohol test. We do not maintain relevant statistics for drug testing in DUI cases,” the TBI said in an email.

The document shows that between 2017 and 2023 (data for 2024 has not yet been collected), 31,567 people were arrested for DUI in Tennessee who did not have 0.00 percent alcohol in their blood. However, it did not include data on how many of the 31,567 people were found to be impaired by drugs, whether illegal or prescribed.

The statistics were compiled after Congressman Lowell Russell, R-Vonore, had a constituent who was sober and arrested for DUI.

“I saw the news that you all saw,” Russell said.

WSMV4 Investigates then asked the TBI if they could determine how many of the 31,567 people also did not have drugs in the system.

A TBI representative said they are trying to gather that data. On Friday, Nov. 1, WSMV4 Investigates received an email detailing 609 cases.

As noted above, we are currently asking the TBI to identify which political agencies have made the arrests and if they have occurred, and will report if and when we receive that data.

Russell said he would now like the TBI to create a public document that would show all arrests, including DUI, if the person was convicted or the charges were dropped.

If you have been a sober driver charged with a DUI or have something you think we should know about, please email [email protected].

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