Tennessee Officer Mistakes Driver’s Autism for Evidence of Alcohol Intoxication
No one denies the importance of enforcing laws against drunk driving. However, there are instances where avoidable mistakes are made by law enforcement. Though strict guidelines exist regarding field sobriety tests performed as part of a DUI stop, officers are making on-the-spot, subjective decisions. Failure to comprehend that a motorist is on the autism spectrum, or has some other condition that affects their communication, could lead to an unwarranted arrest.
A Tennessee case demonstrates how some effects of autism spectrum disorder, such as sensory overload or uncommon physical actions, can be misread as impairment. On a night in 2024, Charlie Hatch was stopped in Hendersonville after working a 12-hour shift. According to his family, Charlie’s vehicle briefly swerved when he hit the steering wheel to activate the cruise control.
Many elements of a traffic stop can inflict intense stress on an autistic person. Lights, sirens and multiple voices can trigger overload, affecting speech, balance and eye contact. Footage from police cameras shows that the officer directed rapid-fire questions at Hatch, heightening his confusion. During the field sobriety test, the police officer remarked that Hatch was stumbling and slurring his speech, behaviors that can be associated with both intoxication and autism, particularly at the end of a long work day.
Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act require law enforcement to provide reasonable modifications to policies and practices when dealing with people with disabilities, unless doing so would fundamentally alter the activity or pose a safety risk. Reasonable modifications may include slowing the pace of speech, using simple, one-step instructions, reducing lights/sirens when safe, allowing time to process or permitting a support person when feasible.
Here, the officer followed the field sobriety test protocol by asking if Hatch had a disability. However, Hatch answered in the negative. His mother explained to the officer that Hatch was autistic, but didn’t necessarily consider that condition a disability. According to his mother, Charlie’s condition did, however, affect his ability to perform parts of the test, such as walking a straight line, following the officer’s moving finger with his eyes and responding to a series of directions. In response to the test, Hatch was arrested and spent 10 hours in jail on suspicion of DUI.
Autism is just one reason why a motorist who has not touched a drop of alcohol might be mistaken for someone who is intoxicated. If you’ve been charged with operating a vehicle while impaired, it is critical to retain an experienced DUI defense attorney who can push back against charges that are based on law enforcement errors.
The Collierville Law Firm represents West Tennessee clients accused of driving under the influence and other criminal offenses. For a consultation to discuss your legal rights and options, please call 901-614-0318 or contact us online for a free initial consultation.