If your loved one is on the autism spectrum and is pulled over or accused of driving under the influence (DUI) in Tennessee, it can be a traumatic, confusing, and legally complex event. Understanding how autism can affect behavior during traffic stops and how to navigate the legal process is essential to protecting your loved one’s rights, safety, and future.
In this guide, we explore how Tennessee law intersects with neurodiversity, what to expect from law enforcement, the legal defenses available, and how families can intervene effectively.
Understanding the Problem: Autism and Misinterpreted Behavior
Autistic individuals may communicate, behave, or react in ways that law enforcement officers misunderstand. During a traffic stop, a person with autism might:
- Avoid eye contact
- Exhibit anxiety or stimming behaviors
- Struggle with verbal instructions
- Respond with delayed speech or appear confused
- Show signs of sensory overload (e.g., bright lights, loud sirens)
To a trained officer unfamiliar with autism, these responses might mimic signs of intoxication—slurred speech, confusion, or lack of coordination—leading to wrongful accusations of DUI.
How Tennessee Law Treats DUI
Tennessee law prohibits driving with a blood alcohol content (BAC) of 0.08% or higher. However, officers often rely on field sobriety tests (FSTs) and observed behavior before requesting a BAC test. These FSTs can pose challenges for autistic individuals who may not perform well due to neurological differences rather than impairment.
Tennessee’s implied consent law also requires drivers to submit to breath, blood, or urine testing if lawfully arrested. Refusing to do so can result in license suspension—even if the DUI charge is later dropped.
Related Resource: Field Sobriety Tests in Tennessee
What to Do If Your Autistic Loved One Is Pulled Over
1. Encourage Preparation Before It Happens
Prepare your loved one with autism in advance by:
- Practicing traffic stop scenarios with scripts
- Placing an “Autism Spectrum Disorder” information card in the car
- Using communication badges or apps that signal to officers they have autism
These tools can de-escalate tension and increase understanding.
2. Stay Calm and Cooperative
If you are contacted during the stop or your loved one calls you:
- Remind them to speak slowly, avoid sudden movements, and provide documents on request
- Encourage them to mention they are autistic if they feel safe doing so
- If possible, speak with officers to explain their condition respectfully and calmly
3. Request Legal Representation Immediately
If your loved one is detained, invoke their right to remain silent and request a lawyer. Do not try to explain their condition during questioning. Statements made in distress may be misinterpreted.
Related Article: Understanding Your Rights in a DUI Stop
Defending a DUI Charge Involving Autism
A. Establishing Lack of Impairment
Autism is not a defense to DUI if the person was truly impaired by drugs or alcohol. However, if no substances were involved and the behavior was mistaken for intoxication, your attorney can:
- Highlight neurodevelopmental traits that affected field test performance
- Introduce expert testimony on autism
- Cross-examine arresting officers on training and bias
B. Challenging Field Sobriety Test Validity
FSTs require balance, motor skills, and quick comprehension—areas where autistic individuals may struggle. Defense lawyers can challenge FST reliability when conducted on someone with autism.
C. Using Video Evidence
Dash cam and body cam footage can show whether your loved one was cooperative or simply misunderstood. Subtle behavior cues—like rocking, scripting, or delayed speech—may provide context.
D. Suppressing Statements
Statements made without a clear understanding of Miranda rights or under emotional distress can often be suppressed with the help of a skilled attorney.
Avoiding Common Mistakes
- Don’t Downplay the Charges: DUI carries severe penalties including jail, license suspension, fines, and long-term stigma.
- Don’t Assume the Officer Knows About Autism: Always assume you need to advocate and inform.
- Don’t Delay Legal Help: Early intervention can affect case outcomes significantly.
- Don’t Rely Solely on BAC Tests: A 0.00% BAC doesn’t mean immunity from arrest—behavioral signs may still trigger suspicion.
How Families Can Protect Their Loved Ones
One of the most important things families can do is seek out a defense lawyer who understands both DUI law and the nuances of autism. A neurodiversity-informed attorney will know how to present your loved one’s condition in court and challenge any misconceptions that led to the arrest. Their legal strategy will take into account behaviors that may have been misinterpreted and leverage expert testimony when needed.
Gathering documentation is also essential. If your loved one has a formal autism diagnosis, obtain their medical records, educational assessments, or letters from therapists. These materials can be used as evidence in court to show that their behavior during the traffic stop or arrest was not due to intoxication but related to their condition.
If your loved one is held in jail or a detention facility, request a mental health evaluation. This is particularly important because standard incarceration settings can exacerbate sensory issues and anxiety for autistic individuals. A formal evaluation can help secure alternative accommodations and prevent unnecessary psychological harm.
It’s also critical to keep a watchful eye on how law enforcement and jail personnel treat your loved one. If there are signs of mistreatment, denial of accommodations, or excessive use of force, document these incidents immediately. You may need to raise a civil rights issue later, especially if policies around disability were not followed.
Finally, think long-term. A DUI accusation can be emotionally draining. Developing a support plan that includes counseling, case management, and daily living assistance (if needed) can help your loved one recover from the trauma and stay focused on moving forward. Emotional safety and structure are key components of rehabilitation and stability.
Conclusion: Protecting Rights Starts With Understanding
Navigating a DUI accusation is challenging on its own—but for individuals with autism, the legal process can be even more isolating and unjust. Family advocacy, legal representation, and education are critical.
If your loved one has been accused of DUI in Tennessee and you believe their autism was misunderstood, contact a defense attorney with experience in both DUI law and neurodiverse clients. The earlier you act, the more options you preserve.
FAQ: DUI and Autism in Tennessee
Can autism cause someone to appear intoxicated?
Yes. Sensory overload, social anxiety, and communication delays can resemble DUI symptoms like confusion or slurred speech.
Can a DUI be dismissed if it was based on autism-related behavior?
Possibly. If no alcohol or drugs are present and the behavior was misinterpreted, your lawyer may seek dismissal based on medical evidence and expert testimony.
Are police trained to recognize autism during traffic stops?
Training varies. While some departments in Tennessee receive training, many officers are not well-equipped to identify autism symptoms accurately.
What if my loved one didn’t disclose their diagnosis during the stop?
It’s not legally required, but voluntary disclosure can sometimes help. Your attorney can later present this information in court.
Can a refusal to take a sobriety test be challenged?
Yes. If your loved one didn’t understand their rights due to autism or cognitive challenges, an attorney may challenge the legality of the refusal.
Does Tennessee have diversion programs for autistic individuals accused of DUI?
There is no autism-specific program, but some courts may consider mental health diversion or special accommodations depending on the county.
Should we tell the court about an autism diagnosis?
Yes—but only through your attorney, who can frame it appropriately in the legal context to protect your loved one’s rights.