Sober drivers arrested for DUI in 22 states, investigation finds

PELHAM, AL (InvestigateTV) - When Carl Binkley got into his car in July 2024 he had no idea he’d be placed under arrest for a DUI. Bloodwork would later confirm no alcohol or drugs were in his system.

Binkley is one of more than 2,500 people in Tennessee who were arrested for DUI between 2017 and 2024 who turned out to be totally sober.

But it’s a growing problem that extends beyond Tennessee.

Sober drivers are being arrested for DUI across 22 states, with blood tests later showing no alcohol or drugs in their systems, a WSMV4 investigation has found.

Cases highlight testing concerns

Justin Beery was pulled over in Pelham, Alabama on March 10, 2025 after working a 14-hour shift. During the traffic stop, an officer noted Beery appeared to be driving erratically.

“You might think I’m drunk, I understand. I’m running off of like three hours of sleep,” Beery told the officer on body camera footage.

When asked about medications, Beery initially said he had ADD. Berry said he regrets not telling the truth: he is on the autism spectrum.

“I think at the time because I just was afraid to say it,” Beery said.

Beery performed poorly on field sobriety tests.

Officers with the Pelham County Police Department noted no odor of alcohol and no evidence of marijuana use in plain view.

“Just based on the results of the test, I’d say we have enough,” an officer said on body camera footage before arresting Beery.

Beery’s blood test later came back showing no drugs or alcohol in his system.

“I was very angry that this could happen because my wife and I are very both pro-police,” said Scott Beery, Justin’s father. “But at the same time, you know, our son being arrested for doing nothing.”

The investigation into the DUI arrests found similar cases across the country.

In Hawaii, Ammon Fepuleai was arrested for DUI despite blowing zero on a breath test. When an officer said he detected the odor of alcohol, Fepuleai responded that he doesn’t drink.

“I felt embarrassed. I felt profiled. I don’t smoke, I don’t do drugs,” Fepuleai said.

The Honolulu Prosecutor’s Office declined to pursue the case, citing insufficient evidence.

In Florida, Alli Cupello’s blood work showed she was completely sober when arrested for DUI om 2017.

“It was scary. I knew that I wasn’t drunk,” Cupello said.

In Iowa, William Penn University football player Tayvin Galanakis is suing the Newton Police Department for arresting him for DUI while sober, even after he blew zero on a breath test.

This interactive map shows all of the states that we found had cases of sober people arrested for DUI.

Expert questions field sobriety test accuracy

DUI expert witness Joshua Ott, former standardized field sobriety testing instructor and certified drug recognition expert instructor, pointed to a 2023 study published in the Journal of the American Medical Association that examined 184 people.

Some participants smoked cannabis while others were given a placebo, and officers administered field sobriety tests to all.

Officers determined that 49.2% of people given placebos failed the field sobriety tests.

“The false positive rates of sober people was really astonishing,” Ott said.

Ott said there is no good research showing field sobriety tests accurately determine impairment.

“It becomes very problematic as to how accurate these tests are,” he said.

Tennessee cases part of larger pattern

Starting with the first case we documented in 2022, our “Sobering Problem” investigations ultimately found, so far, more than 2,500 Tennesseans have been arrested for DUI with blood tests later showing no alcohol or drugs in their systems.

After his arrest, Beery now drives with a letter from his psychiatrist stating his autism diagnosis means he cannot perform a field sobriety test.

He is the second person with autism to take this action. Charlie Hatch, who also has autism, and was arrested for DUI while he was sober.

“Because of my autism, I’m at a disadvantage. I can’t help that,” Beery said.

A spokesman for the Pelham Police Department declined to comment but confirmed an internal investigation is underway.

The investigation into the Tennessee cases helped to create a new law. In 2025, legislators passed legislation that requires the Tennessee Bureau of Investigation to release annual data on the number of sober DUI arrests in the state along with the arresting agency.