The State argues that the detention policy is "not unconstitutional" based upon an opinion by our supreme court inState v. Pennington, 952 S.W.2d 420 (Tenn. 1997), and by this Court in State v. Donnie Lamar Carden, No. 03C01-9610-CR-00378, 1997 WL 789933 (Tenn.Crim.App., Knoxville, Dec. 23, 1997), in which the policy was held not to invoke double jeopardy protections, preventing further prosecution for DUI, because the detention is primarily remedial rather than punitive and because jeopardy had not yet attached. This argument does not directly decide the issue at hand.