by Heather Graf
NASHVILLE, Tenn. - A new DUI law in Tennessee that took effect January first is being called confusing and unconstititutional.
The law states repeat DUI offenders shall not be released unless the court first determines they are no longer a danger to the community.
Because of that language, judges and night court magistrates have been denying bail for those individuals, and sometimes, leaving them in jail for days.
"Under the Tennessee constitution, every accused person is supposed to be granted a timely bail hearing," said Nashville attorney Allen Woods. "And the constitution says you can't deny bail except in cases of capital murder."
For that reason, Woods argues the new DUI law is unconstitutional.
His client, James Pylant, was charged with DUI in January. It was his second offense, and so the night court magistrate put him behind bars and denied bail.
"Ultimately, Mr. Pylant was held in jail for three days on what should have been a routine matter," said Woods.
Pylant is now suing the state of Tennessee, in what Woods believes is only the first of several lawsuits asking the new DUI law be thrown out.
Woods does not blame the judges or magistrates, but the state lawmakers who approved the legislation.
"The General Assembly needs to do a much better job of oversight," he said.
The state Attorney General has 30 days to file a response to the lawsuit, although, that office has recently conceded, the legislation isn't exactly clear.
The original intent was to encourage judges to require accountability of repeat DUI offenders, through electronic monitoring or random drug tests. The Attorney General said the law was not at all intended to direct judges to deny bail.
Email: hgraf@newschannel5.com
