According to a report by FOX17, the Tennessee Highway Patrol (THP) is in the process of purchasing portable breathalyzers for all troopers in response to growing scrutiny over “sober DUI” arrests in the state. This decision follows a FOX17 investigation that highlighted how difficult it can be to accurately determine whether a driver is impaired, as medical conditions, disabilities, or fatigue can mimic signs of intoxication during field sobriety tests.

A notable case involved Dean Binkley, a retired Franklin County deputy and diabetic, who was arrested for DUI in August 2024 after a witness reported erratic driving. His blood sugar had dropped, causing him to struggle with walking and speaking. Body camera footage showed the trooper expressing uncertainty about whether Binkley was experiencing a diabetic episode or was under the influence of drugs or alcohol. Even after emergency medical personnel arrived and administered glucose, uncertainty persisted, and Binkley was still booked into jail. Months later, toxicology results confirmed no substances were in his system, and the charges were dropped. Binkley is now suing the THP, one of 12 such cases against the agency among 30 “sober DUI” federal lawsuits filed in Tennessee since 2024.

The move to equip troopers with preliminary breath testing devices aims to provide immediate confirmation of alcohol presence in the field, helping officers avoid mistaken arrests. Currently, most Middle Tennessee law enforcement agencies, including many in the THP’s coverage area, do not use portable breathalyzers and instead rely primarily on blood draws, which are considered more accurate and can also detect drugs. Data released under a new 2026 state transparency law revealed over 2,500 “sober DUI” arrests statewide since 2017, with the THP recording the highest number.

In a statement, the THP said it is working to equip troopers with as many effective tools as possible to identify impaired drivers and keep roadways safe. Details on the specific devices and timeline for distribution have not been released due to open records exemptions. In recent months, some Midstate agencies have begun using SoToxa saliva-based devices for rapid roadside drug testing. Binkley noted that his arrest has had lasting personal consequences despite his long career in public service.