A Sullivan County, Tenn., program of DUI offenders litter crews may be shortlived

BLOUNTVILLE, Tenn. – Sullivan County officials are set to start a program designed to embarrass convicted drunken drivers by having them pick up trash, but meanwhile, Tennessee lawmakers are looking to kill such programs.

As of January 2006, state law requires first-time DUI offenders to pick up trash on Tennessee highways and roads for three eight-hour shifts, in addition to losing their driving privilege, spending at least one night in jail and paying a fine.

While on the litter detail, people must wear vests with the phrase, "I AM A DRUNK DRIVER" scrawled across the back in 4-inch-tall letters. The law, known as the DUI Litter Pick-Up program, went into effect in 2006.

Sullivan County is looking to start the program with a resolution expected to be introduced at the County Commission’s Jan. 22 meeting. The resolution includes a plan to spend $7,500 to cover the program’s start-up costs.

"We’re going to clean this county up," said Claude Smith, who coordinates the county’s other day-work programs. "Everybody wants to see [DUI offenders] serve their sentences and serve them productively."

Smith admitted it has taken the county some time to set up its DUI Litter Pick Up program, but it could be up and running as early as February.

If so, the program may not last very long because of a significant push from groups such as Mothers Against Drunk Driving for the state legislature to repeal it.

MADD Tennessee spokeswoman Sonya Mangred said the DUI Litter Pick Up Program is too-lenient punishment for drunken drivers. It replaced a mandatory minimum sentence of 48 hours in jail for first-time DUI offenders when it went into effect two years ago.

"We want to go back to having the complete 48 hours be served in jail," Manfred said, adding one of her organization’s top legislative priorities is to shut down the DUI Litter Pick Up Program. "Jail time is a strict deterrent. It is an immediate sanction."

Gov. Phil Bredesen’s Task Force on DUI Laws in Tennessee considered MADD’s objection when it reviewed the state’s DUI laws in 2007. One of the task force’s top recommendations in its fall report was to repeal the DUI/litter program and reinstate the 48-hour mandatory minimum sentence.

"You will see a state legislator champion [repealing the program] in the coming session," said Kendell Poole, who worked closely with the task force as director of the Governor’s Highway Safety Office.

Poole said task force members agreed with MADD that the trash detail was too lenient, which is why Bredesen did not sign the bill creating the program when it came across his desk in May 2005.

Poole said local sheriff’s offices also were complaining about the program because the state didn’t allocate money for it.

Additionally, those working on DUI crews could pose a contraband and security risk when working with jail inmate crews because DUI crew members would not be subjected to the same searches and security measures as regular prisoners.

"There are other deterrents to drunk driving," Poole said, adding the task force’s recommendations would likely come before the House Judiciary Committee soon since the legislative session has begun.

Some objections about the litter pick-up program had been heard by Smith, but he said he didn’t know Bredesen’s task force recommended shutting it down altogether.

"If they change it, we’ll just have to do something else," Smith said, adding the county would still move forward with its plans to begin the program.

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