Knox County prosecutors say a jury has convicted a Knoxville driver who was weaving across Callahan Drive while looking for another bar, capping what they describe as a dangerous late-night search with a felony-level courtroom finish. Samuel James Bivens was found guilty of driving under the influence, his third such conviction, after a two-day trial. Officers pulled his vehicle into a motel parking lot, reported clear signs of impairment, and later sent his blood for lab testing. Sentencing is set for Aug. 30, 2026.
District Attorney General Charme Allen announced the verdict on Tuesday in a post on Charme Allen, District Attorney General - Knoxville, TN. According to that account, Officer Jill Herman initiated the stop on Dec. 19, 2023, after seeing the car traveling the wrong way, making an illegal U-turn, and swerving on Callahan Drive. Prosecutors said Bivens had slurred speech, smelled strongly of alcohol, failed field sobriety tests, and refused a blood draw, all while insisting his wife had been driving. Officers reported finding a marijuana pipe, a small amount of marijuana, and five beer cans in the vehicle. Forensic testing by the Tennessee Bureau of Investigation put his blood alcohol concentration at 0.149, and jurors hit him with a $10,000 fine. Judge Hector Sanchez scheduled sentencing for Aug. 30, 2026, and prosecutors told the jury they plan to seek an enhanced term.
What Tennessee Law Allows
Under Tennessee law, a third DUI is treated as a Class A misdemeanor that comes with tough mandatory minimums and stiff potential fines. State statute Tennessee Code Annotated §55 10 403, as published by Justia, sets a minimum of 120 days in county jail and allows for a fine of up to $10,000, along with a lengthy suspension of driving privileges. That framework is the backdrop for the prosecution’s stated plan to push for an enhanced sentence in this case.
How the Stop Unfolded
Prosecutors told jurors that Officer Herman directed the vehicle into the Days Inn parking lot after watching it cross into oncoming lanes and swerve along Callahan Drive. In the DA’s recap, Bivens said he was unfamiliar with the area and was “looking for a bar,” then showed obvious signs of impairment and failed standardized field sobriety tasks before refusing to consent to a blood draw. The blood sample that was ultimately tested by the Tennessee Bureau of Investigation came back with a 0.149 blood alcohol concentration, according to prosecutors. The Tennessee Bureau of Investigation outlines its forensic testing procedures in its publicly available lab quality documents.
Prosecution Team And Next Steps
The case was handled by Assistant District Attorneys Caleb Smothers and Greg Eshbaugh of the office’s DUI Unit. Assistant Victim Witness Coordinator and legal secretary Lauren Ward also assisted, according to the DA’s post. Judge Hector Sanchez set sentencing for Aug. 30, 2026, and because this is a third offense DUI conviction, the statutory minimums make time in the county jail a real possibility if the court follows those requirements. For more on the office and its personnel, see the Knox County District Attorney's Office staff page.
Why It Matters
“The impaired driver was stopped before anyone was hurt by his reckless conduct,” Allen wrote in the social media announcement, stressing the office’s focus on stopping potentially deadly crashes before they happen. The conviction is one of several DUI cases the office has highlighted this year as prosecutors continue to seek tougher penalties for repeat offenders. For recent local reporting on similar prosecutions, see Hoodline’s coverage of prior DUI cases in Knox County.
