Tennessee Could Lose $60 Million Because Of Underage DUI Change

Tennessee stands to lose millions in highway funding because of a recently passed bill, says Nashville Congressman Jim Cooper. The legislation deals with drivers ages 18 to 20. It changed the allowable Blood Alcohol Content from .02 to .08.

“This must be a mistake,” Cooper said in a statement. “No one wants more drunk drivers on the road. State leaders should act​ immediately and comply with a zero tolerance policy.”

The federal zero tolerance ​law requires states to set that limit at .02 for all drivers under 21. If a state is not in compliance, the U.S. Department of Transportation must ​withhold 8 percent of federal highway funding.

Federal highway officials notified Cooper Friday that if the state is not in compliance by October, it will forfeit approximately $60 million in funding.

It appears state officials did not realize highway funding was in jeopardy. The bill’s
fiscal note, which is the estimate of what legislation would cost to implement, says there would be a minimal cost involved.

The
bill’s summary says it was meant to change the age group that can be charged with underage driving while impaired, “which effectively increases the allowable blood alcohol content for a person age 18 through age 20 from 0.02 to 0.08 percent.”

Rep. William Lamberth, R-Cottontown, who sponsored the bill, says he wanted to raise the penalties for 18- to 20-year-olds who were caught driving under the influence, including 48 hours of jail time. But he figured if the underage offenders were going to be treated just like people 21 and up, the BAC levels should be the same too.

“Our intention was to actually raise penalties and hold them to the same standard and same accountability for every other adult,” he says. “We didn’t know about the federal guideline that was out there. I wish someone had brought that up, say, five months ago.”

Lamberth says he’s willing to do whatever it takes to avoid losing any money. He’s hoping the federal government will grant a waiver and allow the legislature to fix the law when it reconvenes next year.