State Driving Law Legislation

Tennessee has a number of DUI related legislative bills pending. The bills listed below represent a few of the bills that will be considered in 2010.

Tennessee Senate Bill 2965 / House Bill 2768

The summary below was taken from the State of Tennessee Legislative website. It is not a complete summary, but summarizes potential changes to current Tennessee DUI Laws. If you want to read the entire bill and summary use the link posted above.

“This bill adds that if a person convicted of a DUI applies for and the court orders the issuance of a restricted motor vehicle operator’s license, the court must also order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device, if at the time of the offense, the defendant:

(A) Has a blood or breath alcohol concentration of .15 percent or higher;

(B) Is accompanied by a person under 18 years of age; or

(C) Violates the present implied consent laws. However, the court may not make such an order if the law enforcement officer requesting the drug or alcohol test failed to advise the defendant that the defendant would be only allowed to operate such a motor vehicle if the defendant refuses to submit to such a test.

This bill requires that if a person is ordered to drive only a motor vehicle with a functioning ignition interlock device installed on such vehicle, then this restriction would be a condition of the person’s probation or court supervision, if the person is subject to probation or supervision, for the entire period of the restriction. This bill requires the court to notify the board of probation and parole or any other entity that is responsible for the supervision of the person (referred to in this summary as the board) that the person is ordered to drive only a motor vehicle with a functioning ignition interlock device.

This bill requires a licensed ignition interlock provider providing a functioning ignition interlock device to a person to report to the board any evidence of such person’s:

(1) Altering, tampering with, bypassing, or removing a functioning ignition interlock device;

(2) Failing to abide by the terms or conditions ordered by the court, including failing to appear for scheduled monitoring visits; and

(3) Attempting to start the motor vehicle while under the influence of alcohol.”

Tennessee House Bill 3894

This bill revises the punishment for a fourth or subsequent conviction for DUI. Under this bill, the fourth conviction for DUI would be a Class D felony punishable by a fine of between $10,000 and $20,000 and by confinement for the entire sentence imposed by the court for the offense, to be served day for day. Additionally, the court must prohibit such person from driving a motor vehicle for five years.

Under this bill, a fifth or subsequent conviction for DUI would be a Class C felony punishable by a fine of between $15,000 and $30,000 and by confinement for the entire sentence imposed by the court for the offense, to be served day for day. Additionally, the court must prohibit such person from driving a motor vehicle for 10 years.

Tennessee House Bill 3559 / Senate Bill 3559

Bill Summary

Under present law, the penalties for DUI increase based on the number of prior DUI convictions the defendant may have. Present law provides that a person who is convicted of DUI is not considered a repeat or multiple offender if 10 or more years have elapsed between the conviction and any immediately preceding conviction for a violation. However, if a person has been convicted of DUI within 10 years of the present violation, then the person is considered a multiple offender and is subject to the increased penalties. If a person is considered a multiple offender, then every DUI conviction within 10 years of the immediately preceding violation is considered in determining the number of prior offenses, but in no event is a conviction for a violation occurring more than 20 years from the date of the instant conviction considered for that purpose.

This bill adds that for purposes of determining whether a person convicted of DUI is a multiple offender, if a person is charged with and convicted of DUI and then charged with and convicted of another DUI violation, the person may be sentenced as a multiple offender for the later conviction regardless of the dates on which the offenses occurred.

Driving Laws Links