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Investigation finds sober drivers arrested for DUI in 22 states despite negative blood tests

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FORT WAYNE, Ind. (WOWO) — Drivers who had no alcohol or drugs in their systems were arrested for DUI in at least 22 states, according to a nationwide investigation that is raising questions about the reliability of field sobriety tests.

The investigation by WSMV4 and InvestigateTV found cases in which drivers were arrested on suspicion of impaired driving, only to have subsequent blood testing show no alcohol or drugs in their systems.

In Tennessee alone, investigators found more than 2,500 people arrested for DUI whose later blood tests showed no alcohol or drugs. The Tennessee cases were part of an investigation that began in 2022 and has since uncovered similar cases in other parts of the country.

One of those drivers was Carl Binkley, who was arrested in Tennessee in July 2024. Blood testing later showed he had no alcohol or drugs in his system.

The investigation found comparable cases in states including Alabama, Hawaii, Florida and Iowa.

In Pelham, Alabama, Justin Beery was stopped March 10, 2025, after an officer said he appeared to be driving erratically. Beery had worked a 14-hour shift and told the officer he had gotten only about three hours of sleep.

“You might think I’m drunk, I understand. I’m running off of like three hours of sleep,” Beery said during the traffic stop, according to body-camera footage cited by the investigation.

Beery initially told the officer he had ADD when asked about medications. He later said he regretted not disclosing that he was on the autism spectrum because he was afraid to say so.

Beery performed poorly on field sobriety tests. Officers noted there was no odor of alcohol and no visible evidence of marijuana use, but an officer said the test results provided enough reason for an arrest.

Beery was arrested for DUI. His blood test later showed no drugs or alcohol.

His father, Scott Beery, said the arrest was particularly difficult because the family supports law enforcement.

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

After the arrest, Beery began carrying a letter from his psychiatrist documenting his autism diagnosis and explaining that the condition prevents him from properly performing a field sobriety test.

He is the second person with autism identified in the investigation to take that precaution. Charlie Hatch, who also has autism, was previously arrested for DUI despite being sober.

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

The Pelham Police Department declined to comment on Beery’s case but confirmed that an internal investigation is underway.

In Hawaii, Ammon Fepuleai was arrested for DUI even after blowing zero on a breath test. An officer told Fepuleai that he detected an odor of alcohol, but Fepuleai said he does not drink.

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

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

In Florida, Alli Cupello’s blood testing showed she was sober after her 2017 DUI arrest.

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

And in Iowa, Tayvin Galanakis, a William Penn University football player, is suing the Newton Police Department over his DUI arrest. Investigators reported that Galanakis had blown zero on a breath test despite being arrested on suspicion of driving under the influence.

The investigation also examined whether field sobriety tests can accurately identify impairment.

Joshua Ott, a DUI expert witness and 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.

The study involved 184 participants. Some smoked cannabis while others received a placebo, and police officers administered field sobriety tests to all of them.

Investigators found that 49.2% of participants who received the placebo were determined by officers to have failed the field sobriety tests.

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

Ott said there is not sufficient research demonstrating that field sobriety tests can reliably establish impairment.

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

The issue has prompted a policy response in Tennessee.

Following the investigation into the state’s DUI arrests, Tennessee lawmakers passed legislation in 2025 requiring the Tennessee Bureau of Investigation to publish annual data showing the number of DUI arrests in which blood testing later indicates the driver had no alcohol or drugs in their system. The law also requires the state to identify the agency responsible for each arrest.

The findings do not establish that every DUI arrest involving a negative blood test was wrongful, and a blood test conducted later does not necessarily capture every possible factor affecting a driver’s behavior at the time of a traffic stop.

But the cases documented across 22 states highlight the consequences of relying on roadside observations and field sobriety testing when determining whether a driver is impaired.

For drivers like Beery, the consequences can continue long after the traffic stop ends — including carrying medical documentation simply to explain why they may not be able to perform a standardized field sobriety test.

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