A 78-year-old man in Nashville, Tennessee, has received a 5-digit settlement after filing a lawsuit against his county’s sheriff’s department. Reportedly, he had been arrested and charged with a DUI back in 2023, only for his tests to come back negative shortly after.
As reported by FOX 17, the incident took place in Rutherford County almost three years ago. The then-75-year-old David Dutton, a Vietnam veteran, had been pulled over by deputies, who insisted on performing field sobriety tests.
Dutton, fully aware of his health condition, told the deputies that he would struggle with the tests. This, apparently, had little to no effect.
Struggling to keep his balance due to his age and a neck plate, Dutton was placed under arrest on a DUI charge. At the time, his vehicle fully displayed a disabled driver placard.
Jail Stay, Negative Test Results
Dutton was booked into a local jail shortly after “failing” his test field sobriety tests. According to him, he spent approximately four hours in custody, the outlet reported. Furthermore, due to a lack of room, he had to sit on the floor during his jail stay.
As per WWNY-TV, it took five months for his blood test to come back. As expected, these were negative for both alcohol and drugs.
Shortly after the tests came back, and his case was dismissed as a result, Dutton filed a lawsuit against the Rutherford County Sheriff’s Department. He was asking for $400,000 in damages.
Lawsuit, Settlement Awarded
The lawsuit, among other things, detailed how, despite verbally communicating his health problems, including missing his insulin dose for the night, he was still arrested. Furthermore, the legal document even cited an instruction guide that advises officers that individuals over 65 years old struggle with field sobriety tests.
The sheriff’s office at the time, through a spokeswoman, shared a statement with WWNY-TV. It read, “We understand that in some rare cases, blood tests return indicating no drugs or alcohol. In those cases, the charges are dismissed, but that does not mean that probable cause did not exist at the time of the arrest.”
Less than two years after the lawsuit was filed, an agreement was reached between both parties. Dutton will receive a $90,000 settlement check. Relieved that the whole ordeal is finally over, he said, “It’s been stressful from the beginning. I’m so happy it’s over with.”
Past Similar Incidents
Unfortunately, Dutton’s case is far from the only one of “sober DUI” incidents in Tennessee. As reported by FOX 17, Dutton is only one of 2,500 drivers whose blood tests came back negative shortly after, since 2017. His lawsuit, meanwhile, is one of a total of 30 lawsuits filed since 2024 in Tennessee alone.
One particular incident involving another veteran occurred back in September 2023. Jeff Adams, a middle school teacher, was arrested in Goodlettsville after police officers suspected he was intoxicated.
Adams, who had a hip replacement, insisted he was sober and agreed to a field sobriety test. He was unable to walk a straight line and was arrested. He lost his Uber driver part-time job at the time, and just like Dutton, his tests came back negative five months later. While his case was dismissed, he called the event the “most traumatic experience I ever had.” He ended up receiving a $5,000 payment after demanding a $75,000 settlement.