Cooper DUI sentence upheld on appeal

Tennessee's Court of Criminal Appeals announced this week that it has upheld a DUI sentence given to a Mt. Juliet woman.

Alecia Diane Cooper had appealed a sentence of 11 months and 29 days of confinement at 100 percent that was handed down by Bedford County Circuit Court Judge Lee Russell after she pleaded guilty to one count of driving under the influence, a Class A misdemeanor.

Russell had ruled that Cooper would be released after 90 days if she had entered and completed an in-patient alcohol treatment facility.

Cooper challenged Russell's sentence of total confinement, as well as the legality of the provision shortening her confinement if she completed treatment.

She was arrested on Jan. 26, 2008, by Bedford County deputies after she was observed driving erratically and failed field sobriety tests. A blood alcohol test that was sent to the TBI came back to be a 0.22 alcohol percentage, nearly three times the legal limit.

Already had record

During Cooper's sentencing hearing, several documents were presented by prosecutors stating that Cooper was convicted in 2005 of attempted assault and disorderly conduct, both of which are Class C felonies.

Cooper had been sentenced by Russell in 2006 to 48 hours of unsupervised probation as a result of a dispute at Calsonic Arena during the 2005 Tennessee Walking Horse National Celebration.

Also, 16 days before Cooper's DUI arrest in Bedford County, she was arrested in Illinois for driving while intoxicated, a charge for which she was later convicted.

Cooper's husband, William W. Torrance, testified that he and his wife worked for a medical device manufacturer and distributor based outside of Chicago and while Cooper maintained a primary residence in Shelbyville, her job required her to "either to be in Chicago or to travel around the country five days a week."

Torrance also testified that around the time of his wife's DUI, Cooper's job responsibilities had "increased significantly" and based on these additional work pressures, Cooper "had a need" to "ventilate some of the pressure that she was feeling at work and with life in general," the appeals reads.

Cooper's husband also told the court that she was "way beyond . . . sorry" for the DUI and that her conviction had "devastated" her.

But under examination by the trial court, Torrance also testified that Cooper continued to use alcohol "very, very moderately" and that he was arrested for DUI on the same night as Cooper's arrest in this case.

A number of other character witnesses also testified on Cooper's behalf during the sentencing hearing.

Cooper appeals

Cooper testified during the hearing that it was her opinion that she had never been dependent upon alcohol "because she did not drink alone, drink consistently, or binge drink." She also testified she had never been diagnosed as an alcoholic and expressed remorse over her DUI conviction.

However, during cross-examination Cooper acknowledged that her blood-alcohol level of 0.22 "strongly suggested she consumed more than two glasses of wine" she stated she had that night and that she may not have recognized the signs of her intoxication "because she was exhausted."

Based on this evidence, Russell sentenced Cooper to the 11 months, 29 days, stating that after 90 days, "she could apply for furlough to attend in-patient rehabilitation and, upon successful completion, serve the remainder of her sentence on probation in an after-care program."

Cooper appealed that sentence, and the state responded by stating that Cooper's pattern of alcohol abuse supports the trial court's sentence of total confinement.

Russell stated that Cooper's past criminal convictions "demonstrated her tendency to behave erratically and out of line with her education and background," that two DUI charges in one month "indicated a disregard for the safety of the public" and that "her lack of awareness of or explanation for her intoxication on the night in issue suggested she had an alcohol abuse problem."

The judge also ruled that Cooper disregarded the safety of the public by driving "while intoxicated on the busiest street in Bedford County" and that "her denial that she had an alcohol abuse problem demonstrated her lack of potential for rehabilitation."

The appeals court agreed with all aspects of Russell's sentencing, stating that Cooper "has not shown that her sentence is improper ... (a)s such, we presume the trial court's sentence is correct."

The opinion of the appeal court was delivered by Judge Robert W. Wedemeyer, with Judges David H. Welles and Jerry L. Smith joining the opinion.