Defendant Caught Drunk Driving on His Way to Another Bar

DA Charme Allen announces that prosecutors in the DUI Unit obtained a conviction against a man who was drunk driving on Callahan Drive while looking for another bar.  Samuel James Bivens, 48, was convicted of Driving Under the Influence Third Offense.  Judge Hector Sanchez set the case for sentencing on August 30 where Bivens faces a minimum sentence of one hundred and twenty days in jail.

In a two-day trial, Assistant District Attorneys Caleb Smothers and Greg Eshbaugh explained to the jury that on December 19, 2023, Ofc. Jill Herman with the Knox County Sheriff’s Office observed a vehicle traveling on the wrong side of the road and making an illegal U-turn on Callahan Drive. While following the vehicle, Ofc. Herman also saw the vehicle swerving between lanes.  Ofc. Herman initiated a traffic stop, and Bivens pulled over into the Days Inn parking lot.  Bivens told Ofc. Herman that he was unfamiliar with the area and was looking for a bar.  Bivens had slurred speech and smelled like alcohol.  He lost balance while failing field sobriety tests.  Officers located a marijuana pipe, marijuana shake, and five beer cans in Bivens’ vehicle.  When Bivens was asked to provide a blood sample, he stated that his wife was driving the car and refused to give blood.  His wife was not in the vehicle, much less in the driver’s seat.  Ofc. Herman then obtained a search warrant for Bivens’ blood, and forensic testing conducted by the Tennessee Bureau of Investigation revealed that Bivens had a blood alcohol content of 0.149, above the legal limit of 0.08.

“Luckily, this impaired driver was stopped by law enforcement before anyone was hurt by his reckless conduct,” said DA Allen.

DUI Third Offense is a Class A misdemeanor that carries a minimum punishment of one hundred and twenty days in jail.  At sentencing, prosecutors will seek an enhanced sentence because Bivens has an additional DUI conviction from 1999 in Loudon County.  In addition to finding Bivens guilty, the jury assessed a fine of $10,000.  Assistant Victim Witness Coordinator and Legal Secretary Lauren Ward aided in the prosecution of this case.

If you have any questions, please contact Sean McDermott at 865-215-2515 or Sean.McDermott@knoxcounty.org. For more information about the District Attorney’s Office, visit our website at dag.knoxcountytn.gov and follow us on Facebook and Twitter.