Proposed Bill Would Boost Repeat DUI Penalties and Reduce Penalties for Small Amounts of Drug Possession

Rep. William Lamberth has introduced controversial legislation that would toughen drunk driving laws while simultaneously reducing the penalties for repeated drug possession. As introduced, HB 1478 would punish a sixth offense DUI as a Class C felony, punishable by three to 15 years in prison. It would define “prior convictions” for the purpose of enhancing DUI sentences, and it would diminish Class E felony designation to a Class A misdemeanor punishable by up to a year in jail for the third or subsequent conviction for simple possession or casual exchange of a controlled substance. The proposed law would also remove the mandatory 24-hour litter removal requirement for first-time DUI offenders.

There has been a trend nationally to reduce the penalties for certain drug crimes. Those who support reducing penalties for minor drug offenses say that the tough drug laws are clogging jails and prisons, they are costly and are particularly unfair to minorities.

Lamberth is a Republican lawmaker in Sumner County, a former prosecutor from Portland who is now in private practice. He said in a story in the Times Free Press, “We’re not going to imprison our way out of the drug addiction problem in this country. You cannot lock your way out of the problem.”

Striking felony possession will not necessarily mean that drug dealers will get less jail time, but it does allow local judges to send drug addicts to treatment programs and keep them out of prisons. It would also keep drug addicts from having a felony on their record, which will have a lasting, negative impact on the rest of their lives. Cutting drug penalties would also save the state of Tennessee about $2 million each year, according to a story on Nashville Public Radio. Lamberth suggests that the money saved could be used to give longer prison sentences to those who have been convicted of multiple DUIs, who are far more dangerous to the people of Tennessee

The challenge is that other Tennessee lawmakers believe that Lamberth’s proposal goes too far. Many believe that tougher penalties for multiple DUIs should be debated separately from the lighter drug sentences. Lamberth presents them as a tradeoff and that is creating a lot of controversy.

Are you facing drug charges and you don’t know what to do next? You might benefit from an aggressive Franklin criminal defense attorney on your side. You may contact the Law Offices of Adrian H. Altshuler & Associates today. One of our Franklin criminal defense lawyers will defend your rights. We also have offices in Brentwood and Columbia to serve you.