This week, we'll take a closer look at an interesting passed Tennessee bill related to drinking and driving. DUI laws have been on an ever changing trajectory over the last century, becoming more and more restrictive as time has gone on. This Tennessee bill shows that not only are states cracking down on drinking and driving, but increasing penalties levied on people who cause fatalities while driving under the influence.
Brief overview of DUI Laws in the US
The first drinking and driving legislation was passed in New York in 1910, regulating the offense of DWI (Driving While Intoxicated/Impaired). California pretty quickly followed New York, passing a law specifically making driving under the influence of alcohol illegal. Most other states started passing DWI laws soon after. In the 1930’s, after prohibition had curbed a lot the concerns surrounding drinking and driving, there was a renewed commitment to addressing a practice as more cars were on the roads. In 1938, the National Safety Council (NSC) researched and developed criteria to both test for intoxication and measure the intoxication level of an individual. The NSC set the national legal limit for blood alcohol concentration (BAC) to 0.15 (over twice the legal limit we recognize today). In 1953, Robert Borkenstein invented the Breathalyzer, the technology used to determine alcohol concentration BAC. This tool is what officials use be able to enforce these laws.
Throughout the last half of the 20th century, laws surrounding drinking changed quite a bit. In the 70s, the legal age to consume alcohol was raised from 18 to 21 with the National Minimum Drinking Age Act. By 1998, all states had enacted "zero tolerance" laws, prohibiting anyone under the legal drinking age from driving with any positive blood alcohol concentration (BAC). In the 80s, the BAC limit was decreased from 0.15 to 0.10. Then it decreased again around the turn of the century to 0.08 BAC. By 2004, every state had amended their laws to impose a legal BAC limit of 0.08. In 2018, Utah became the first state to lower their BAC limit to 0.05. Some time in the 90s, many states started using DUI (Driving Under the Influence) as a substitute for DWI. In most states, the terms are interchangeable. Sometimes, states will charge someone with a DWI instead of a DUI depending on the offense. DUI is the most commonly used term when discussing legislation of this sort.
Context Around Deaths and DUIs
When it comes to accidents caused while driving drunk, states have continued to pass legislation increasing the severity in penalties. Causing the death of someone while driving is called vehicular homicide - and if you are intoxicated when this happens, it can result in a "DUI Manslaughter" charge. The terminology and penalties for someone dying as a result of your actions while driving impaired vary by state. According to the National Highway Traffic Safety Administration, every day 32 people die due to drunk driving crashes.
This resource by Mothers Against Drunk Driving details the different penalties one could face for drunk driving vehicular homicide. A lot of the differences in sentence and punishment relate to if a person is found negligent, if there was "malice", if it is the first time or if someone is a "habitual violator", how many people were killed, and other aspects to an incident. In addition to fines and prison time, other penalties for drunk driving-related deaths can include suspending or revoking a person's driver’s license, mandatory community service, mandatory rehab or substance abuse counseling, or probation/parole. When looking at these other penalties, "habitual offenders" are often given more of them in an attempt to curb the behavior. For example, in Colorado, you could be designated as a habitual traffic offender if you have three or more serious traffic offenses (such as DUI, reckless driving, or driving under restraint) within a seven-year period.This results resulting in a 5-year driver's license revocation for the individual.
In Georgia, there are three different types of charges related to death because of a DUI.
- Vehicular Homicide in the second degree (misdemeanor) – Where the death is caused “without an intention to do so” and where there is neither reckless driving nor a DUI offense (no more than a year).
- Vehicular Homicide in the first degree (felony) – Death where there is no “malice aforethought” but where there is either reckless driving or a DUI offense (3-15 years).
- Vehicular Homicide in the first degree (felony) – Death where the defendant is a “Habitual Violator”, the license has been revoked and there is no “malice aforethought” (5-20 years).
In Illinois "aggravated DUI resulting in death" is a class 2 felony and the sentence depends on how many people were killed. If one person was killed, someone will be sentenced to 3-14 years. If two or more people were killed, they will serve between 6 and 28 years and be fined an amount less than $25,000. In the state, the offender is required to serve 85% of any term of imprisonment. Courts also may not sentence the offender to probation unless the court finds that “extraordinary circumstances” exist.
In New York, you could receive either 1st or 2nd degree vehicular manslaughter depending on your BAC. If you have BAC of 0.18 or less, you would be charged with vehicular manslaughter in the 2nd degree (up to seven years). If your BAC is greater than 0.18, it would be vehicular manslaughter in the 1st degree (up to 15 years).
In Massachusetts, you could serve anywhere from 30 days to 15 years in jail depending on your offence. If there is no negligence or recklessness found, you have to serve at least 30 days, but no more than 2.5 years. You also will be fined between $300 and $3,000. If your offence was found to be done negligently or recklessly, you will serve between 2.5 and 15 years and be fined no more than $5,000.
Tennessee has a punishment for “aggravated vehicular homicide” that can result in a sentence of up to 60 years in prison, plus a fine of up to $50,000. This is a Class A felony in the state. They also have a Class B felony requiring between 8 and 30 years in prison, and a fine less than $25,000 imposed. Tennessee's law is one of the most strict. So, it makes a little sense that they would be the first state in the country to require DUI drivers who cause a fatality pay child support for their victims’ surviving children. Let's take a look at the bill!
What does the Tennessee bill do?
Known as "Ethan's, Hailey's, and Bentley's Law", Tennessee HB1834 would require drivers who cause a fatality while driving drunk to pay child support for their victims’ surviving children. The bill is named after three children who lost their custodial parents due to a drunk driver. The first two names are children of fallen Chattanooga Police Officer Nicholas Galinger, Ethan and Hailey. Officer Galinger was killed when he was struck by a woman who was later convicted of vehicular homicide by intoxication. A Missouri resident, Cecilia Williams, created the legislation the Tennessee bill is modeled after. Williams named it for her grandson, Bentley, who lost his parents after a drunk driver killed them in Missouri in April of 2021.
This bill was signed in June of 2022 and took effect January 1st of 2023. This year, anyone convicted of vehicular homicide or aggravated vehicular homicide in Tennessee will be required to pay child support until the victim’s kids are 18. The bill states that the court shall determine an amount that is reasonable and necessary for the maintenance of the victim's child after considering all relevant factors:
- The financial needs and resources of the child
- The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the department of children's services
- The standard of living to which the child is accustomed
- The physical and emotional condition of the child and the child's educational needs
- The child's physical and legal custody arrangements
- The reasonable work-related child care expenses of the surviving parent or guardian
The bill also requires the child maintenance payments be made to the clerk of court as trustee for remittance to the child's surviving parent or guardian. Clerks are required to remit the payments to the surviving parent or guardian within ten working days of receipt of the funds by the clerk.
With how strict Tennessee DUI law is, many people required to make these payments may be incarcerated. The bill states that "if a defendant who is ordered to pay child maintenance under this section is incarcerated and unable to pay the required maintenance, then the defendant must have up to one year after the release from incarceration to begin payment, including entering a payment plan to address any arrearage."
Other states have introduced legislation that mirror "Bentley's Law". Alabama, Illinois, Oklahoma, Pennsylvania, New York, Missouri, and South Carolina have all proposed one or more similar bills, but only the Tennessee bill has passed. Alabama's DUI and Child Compensation and Recovery Act failed in April of last year, but would have required the offender would to pay child support until the dependent reaches the age of 19 (the age of majority in Alabama). The other bills very closely match the Tennessee bill.
This is an interesting attempt by states to get people to take drinking and driving even more seriously. What are your thoughts with this bill? Do you think it will make people think twice about getting behind the wheel after drinking?
Cover Photo by Rio Space on Unsplash
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