Sober driver files federal lawsuit against sheriff's department after drunk driving arrest

RUTHERFORD COUNTY, Tenn. (WSMV/Gray News) – Almost exactly one year after David Dutton was arrested and charged with driving while sober, the 76-year-old driver is suing the Rutherford County Sheriff's Department.

A lawsuit filed this week in federal court against the Rutherford County Sheriff's Department alleges that Dutton was wrongfully arrested for drunk driving when he was sober.

It's the latest development in our investigation into the sobering problem, which reveals how sober drivers say their lives were ruined when they were arrested for drunk driving.

The lawsuit comes 17 days after WSMV4 Investigates revealed how Dutton was arrested and it took five months for blood work to prove his sobriety.

The investigation revealed that despite his explanations of his health problems that could affect his performance on a breathalyzer test – ranging from a herniated disc to the fact that he had not taken insulin that evening because of his diabetes – Dutton was arrested and charged with drink driving.

In the complaint, Dutton points out something that even WSMV4 Investigates missed when reviewing bodycam footage of his arrest: that he was wearing a handicapped sign on his car that evening.

The lawsuit cites a National Highway Safety Traffic Administration drunk driving detection guide that notes that people over 65 with back problems have difficulty completing the sobriety test.

In the body camera footage, Dutton tells the officer that he has been suffering from a herniated disc for 45 years.

Dutton was also 75 years old at the time of his arrest, well over the age specified by the NHTSA in its training courses.

The lawsuit accuses the sheriff's office of failing to provide training on how to distinguish between medical conditions and the influence of alcohol or drugs.

A spokeswoman for the sheriff's office said they would not comment on ongoing legal proceedings, but wrote in an earlier email about Dutton's arrest: “We are aware that in some rare cases, blood tests may not indicate the presence of drugs or alcohol. In these cases, charges are dismissed, but that does not mean that there was not reasonable suspicion at the time of arrest.”

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