A weekend crash in Nashville ended with a semi-truck driver in handcuffs, after officers said they smelled alcohol on his breath and found a 7-year-old child riding unrestrained in the backseat of the truck. Police identified the driver as Michel Dushime and said he showed signs of impairment at the scene and failed field sobriety tests. Officers also reported finding an open, cold 24-ounce beer in the cab, and Dushime was booked on a charge of driving under the influence with a child.
According to WSMV, the arrest affidavit states that officers detected a strong odor of an alcoholic beverage on Dushime and observed bloodshot eyes, slurred speech, and poor balance. The affidavit says he failed the single-leg and walk-and-turn tests and that he denied providing a blood sample when asked.
Possible Charges And The Law
Prosecutors can pursue enhanced or separate child endangerment charges when a driver is impaired while a child is in the vehicle, a path courts in Tennessee have used in DUI prosecutions. Tennessee's implied consent statute also includes a mandatory testing provision that requires officers to cause a blood test in certain circumstances, such as when a passenger in the motor vehicle is a child under 16 or when an accident results in injury or death, according to Tennessee Code §55-10-406 (Justia). Courts have repeatedly applied those rules in DUI child endangerment cases. Those provisions mean that refusing to give a blood sample can carry its own administrative and legal consequences as the criminal case moves forward.
Nashville Context
The arrest lands amid other local incidents that have raised questions about impaired driving and passenger safety. In late May, a Metro Nashville Public Schools bus driver was taken into custody after crashing a bus while on the way to pick up students, a case that prompted an internal review, according to WSMV. Incidents involving large commercial vehicles or drivers with caregiving responsibilities tend to draw heightened scrutiny because of the risk to multiple passengers.
The case against Dushime is in its early stages. He currently faces the DUI-with-child charge, and any additional filings, arraignment dates or court actions will be reflected in local court dockets as prosecutors review the arrest affidavit and related evidence.
