We know the stories all too well—someone overindulges, gets behind the wheel, and someone loses their life as a result. Sometimes, that person was served alcohol at a bar or restaurant before getting behind the wheel. What if there were a program designed to determine whether the business that sold or served that alcohol also violated the law? The Tennessee Alcoholic Beverage Commission’s (TABC) TRACE program does just that.
What Is TRACE?
The Tennessee Alcoholic Beverage Commission (TABC) regulates the manufacture, sale, and distribution of alcoholic beverages and hemp-derived cannabinoid products in Tennessee. The Commission also has sworn law enforcement agents who conduct criminal and regulatory investigations. Many of those agents have prior experience as local law enforcement officers, including investigating impaired-driving offenses and making DUI arrests.
TRACE stands for Target Responsibility for Alcohol Connected Emergencies. TABC uses TRACE investigations in a variety of serious incidents involving alcohol to determine whether alcohol connected to an incident was unlawfully sold or served. In the impaired-driving context, the basic question is whether a business or individual violated Tennessee law in connection with the incident.
While TRACE can be initiated in a number of circumstances, Tennessee law specifically requires law enforcement agencies to refer suspected alcohol-related driving fatalities to TABC. These referrals allow TABC to investigate the alcohol-service component of the incident in addition to the underlying crash investigation.
How a TRACE Investigation Begins
Public Chapter 961, known as the Tennessee Prevention of Drunk Driving Act, established requirements for law enforcement and TABC relating to certain fatal impaired-driving crashes. When law enforcement is investigating a fatal motor vehicle crash and has probable cause to believe that an operator involved in the crash was driving under the influence of alcohol, the investigating agency is required to notify TABC within 48 hours. 2024 Tenn. Pub. Acts, ch. 961.
That notification is the starting point for a TRACE investigation. The 48-hour requirement is important because evidence relevant to alcohol service can be time-sensitive. Prompt notification gives TABC an opportunity to begin its investigation while surveillance video, transaction records, witness recollections, and other potentially important evidence may still be available.
The referral does not mean that a business or server violated the law. It simply allows TABC to investigate that question while the law enforcement agency continues its investigation of the crash and any related criminal offenses. The two investigations can therefore proceed alongside one another, with the investigating agency focusing on the crash and potential criminal offenses and TABC examining whether Tennessee’s alcohol laws were violated.
What TABC Investigates
The central question in a TRACE investigation is whether a business or individual violated Tennessee law in connection with the incident. In most cases, that means determining whether alcohol was unlawfully sold or served and identifying the circumstances surrounding that sale or service.
Two of the violations TABC most commonly encounters in these investigations are serving alcohol to a minor and serving alcohol to a person who is visibly intoxicated. The investigation may involve both the business and the individual who actually sold or served the alcohol. Tenn. Code Ann. § 57-4-203(b)(1)(A), (c)(1)–(2).
To answer these questions, TABC agents may examine surveillance video, receipts and point-of-sale records, employee and witness statements, business records, and other available evidence. The goal is to establish what occurred, who was involved, and whether the conduct violated Tennessee law.
Importance of Time and Evidence
Time is important because evidence concerning the sale or service of alcohol can be temporary or difficult to recover later. Surveillance systems may overwrite video, transaction records may become more difficult to obtain, and employees or witnesses may have only a limited recollection of what occurred. Prompt notification allows TABC agents to begin identifying and preserving potentially relevant evidence while it is still available.
The information developed through a TRACE investigation may also be useful to the underlying criminal investigation. TABC and other law enforcement agencies can therefore develop complementary evidence, with each agency pursuing the questions within its respective jurisdiction.
TABC’s Investigative Authority
Public Chapter 191, enacted in 2025, strengthened TABC’s authority to investigate alcohol-related violations connected to motor vehicle crashes. The law provides that, upon TABC’s request, a law enforcement agency shall provide records relating to an accident, the people involved, and people involved in providing or selling alcoholic beverages to those involved in the accident. The law also allows TABC to obtain information developed during the underlying investigation, including in situations where the business involved may not hold a TABC license.
Public Chapter 191 also expressly authorizes TABC to investigate both criminal and regulatory violations and to summon or subpoena witnesses, information, and documents relevant to its investigations. It provides confidentiality protections for records TABC receives and uses in regulatory proceedings.
In practical terms, this authority gives TABC the ability to pursue the evidence necessary to determine whether Tennessee’s alcohol laws were violated. It also allows TABC and the investigating law enforcement agency to share information and develop complementary investigations while each agency remains focused on matters within its respective jurisdiction.
What Can Result From a TRACE Investigation?
A TRACE investigation may result in both administrative and criminal action, depending on what the investigation establishes. When a business or licensee is found to have violated Tennessee’s alcohol laws, TABC may pursue an administrative case involving the business’s license. Administrative penalties can include fines, suspension, or revocation of the license. Those matters are subject to the administrative hearing process.
TABC may also pursue criminal charges against an individual who unlawfully sold or served alcohol. Serving alcohol to a minor and serving alcohol to a person who is visibly intoxicated are misdemeanor offenses when committed by an individual server. Criminal charges are filed in the appropriate court of jurisdiction and are separate from any administrative action involving the business or licensee.
The outcome of a TRACE investigation depends on the facts and evidence developed during the investigation. A referral does not predetermine whether a violation occurred or what action, if any, TABC will take.
TRACE and the Courts
A TRACE investigation can lead to proceedings involving different parties, different potential violations, and different courts or forums. In the typical fatal crash, local law enforcement investigates the crash and, when appropriate, pursues criminal charges against the driver, such as vehicular homicide or other criminal offenses. Those charges are prosecuted in the local court with appropriate criminal jurisdiction. TABC’s role is different: TABC investigates whether Tennessee’s alcohol service laws were violated in connection with the incident.
A TRACE investigation may lead to criminal charges against the individual who sold or served the alcohol. For example, an individual server may face a misdemeanor charge for serving alcohol to a minor or to a person who was visibly intoxicated. Those criminal charges are also prosecuted in the appropriate criminal court. The TRACE investigation may also provide evidence that is relevant to the underlying prosecution of the driver. In this way, the TRACE investigation can develop evidence that complements the primary crash investigation.
The investigation may also result in an administrative case against the business or licensee that employed the server. TABC may seek administrative penalties, including a fine, suspension, or revocation of the business’s license. The business or licensee may challenge those allegations through the applicable administrative hearing process.
These proceedings involve different parties, different potential violations, and different forums, but they may arise from the same underlying incident. TRACE allows TABC to investigate the alcohol-service component of an incident while the local law enforcement agency continues to investigate and prosecute the underlying crash.
Conclusion
TRACE gives Tennessee another tool for examining the role alcohol service may have played in a serious incident and determining whether Tennessee’s alcohol service laws were violated. Although the program can be used in a variety of serious incidents involving alcohol, the statutory referral requirement for certain fatal impaired-driving crashes provides an important connection between local law enforcement and TABC.
The program is designed to complement—not replace—the work of local law enforcement. Local agencies investigate the crash and related criminal offenses, while TABC investigates potential violations of Tennessee’s alcohol service laws. By working alongside one another, the agencies can develop a more complete picture of what occurred and address violations that may otherwise go unidentified.
