2023 Tennessee Driving Under the Influence (DUI) Update

by

2023 Tennessee Driving Under the Influence (DUI) Update

Tennessee driving under the influence (“DUI”) laws are likely to change again this summer, with several bills pending passage in the state legislature. This article will highlight some possible changes and provide a basic understanding of current DUI penalties/requirements.

Current DUI penalties in Tennessee

Although there are some exceptions, basic DUI penalties in Tennessee are outlined as follows:

Implied Consent – Refusal to submit to blood alcohol test
    • Revocation of driver’s license for 1 year (1st offense)
    • Revocation of driver’s license for 2 years (2nd offense)
    • Revocation of driver’s license for 2 years if crash resulted in bodily injury
    • Revocation of driver’s license for 5 years if crash resulted in a death

 

First Offense DUI
    • 48 hours up to 11 months/29 days in jail
      • .20 Blood Alcohol Concentration (BAC) or greater? Minimum jail time 7 consecutive days
    • License revocation for 1 year – restricted license may be available
    • Restitution paid to any person suffering personal injury or loss
    • $350-$1500 fine
    • Drug and alcohol treatment may be required at judge’s discretion
    • Ignition Interlock Device may be installed at offender’s expense

 

Second Offense DUI
    • 45 days to 11 months/29 days in jail
    • License revocation for 2 years – restricted license may be available
    • Subject to vehicle seizure/forfeiture
    • Restitution paid to any person suffering personal injury or loss
    • $600-$3500 fine
    • Drug and alcohol treatment may be required at judge’s discretion
    • Ignition Interlock Device installed at offender’s expense

 

Third Offense DUI
    • 120 days to 11 months/29 days in jail
    • License revocation for 6 years – restricted license may be available
    • Subject to vehicle seizure/forfeiture
    • Restitution paid to any person suffering personal injury or loss
    • $1100 to $10,000 fines
    • Drug and alcohol treatment may be required at judge’s discretion
    • Ignition Interlock Device installed at offender’s expense

 

Fourth DUI Offense
    • Class E felony
    • 1-6 years jail time with a minimum of 150 consecutive days served
    • $3,000 to $15,000 fine
    • License revocation for 8 years – restricted license may be available
    • Subject to vehicle seizure/forfeiture
    • Drug and alcohol treatment may be required at judge’s discretion
    • Ignition Interlock Device installed at offender’s expense

 

Fifth DUI Offense
    • Class D felony
    • 2-12 years jail time with a minimum of 150 consecutive days served
    • $3,000-$15,000 fine
    • License revocation for 8 years – restricted license may be available
    • Subject to vehicle seizure/forfeiture
    • Drug and alcohol treatment may be required at judge’s discretion
    • Ignition Interlock Device installed at offender’s expense

 

Sixth DUI Offense
    • Class C felony
    • 3-15 years jail time with a minimum of 150 consecutive days served
    • $3,000-$15,000 fine
    • License revocation for 8 years – restricted license may be available
    • Subject to vehicle seizure/forfeiture
    • Drug and alcohol treatment may be required at judge’s discretion
    • Ignition Interlock Device installed at offender’s expense

Current Ignition Interlock Requirements

With a few exceptions, Tennessee courts now order the installation and use of ignition interlock devices by those convicted of DUI. Tenn. Code Ann. § 55-10-417.  An ignition interlock device connects a motor vehicle ignition system to a breath-alcohol analyzer to prevent a car from starting if a driver’s blood alcohol level exceeds the calibrated setting on the device. Under Tennessee law, a breath alcohol content (BAC) of .02 or greater should prevent the vehicle from starting with the use of one of these devices and triggers the vehicle’s horn to blow and lights to flash until the ignition is stopped or there is a passed retest.

Violations of these interlock device rules are recorded by the provider and include: the engine being started without passing a breath test or while in a lockout state; (b) the user failing or refusing to take a rolling retest; (c) the user delivering a breath sample at or above the violation of .02; and (d) the user tampering with the device. Once five violations occur, the user must return for service within 72 hours or the device will lock and prevent the vehicle from starting. Tennessee Department of Safety Rule 1340-03-06-.05.

The company providing the interlock device is required to inspect the device approximately every 30 days and forward monitoring data to the Department of Safety including all information about any violations or evidence of non-compliance. All of the costs involved with these devices are at the expense of the DUI offender. Tennessee Department of Safety Rule 1340-03-06-.10.

Effective July 2022, these interlock device requirements expanded to most individuals charged with DUI and DUI-related offenses (not just those convicted). More specifically, this amendment provides that people charged with DUI, vehicular assault, aggravated vehicular assault, vehicular homicide involving the driver’s intoxication, or aggravated vehicular homicide—may be required to operate only a motor vehicle equipped with an ignition interlock device as a condition of bail.

Under this 2022 law, unless the court determines the requirement would not be in the best interest of justice and public safety, the use of an ignition interlock device is a mandatory condition of bail for persons charged with the aforementioned offenses if the alleged offense involved the use of alcohol and one of the following circumstances apply:

  • The offense resulted in a collision involving property damage;
  • a minor was present in the vehicle at the time of the alleged offense;
  • the defendant’s driver license has previously been suspended for a violation of the present law regarding breath and blood tests to determine alcohol or drug content of a motor vehicle operator’s blood; or
  • the defendant has a prior conviction of reckless driving, reckless endangerment, DUI of an intoxicant, vehicular assault, aggravated vehicular assault, vehicular homicide involving the driver’s intoxication, or aggravated vehicular homicide.

The new law requires the defendant to submit proof of installation of the device to the district attorney general within 10 days of being released on bail. If the court does not require the defendant to install such a device, the court must include in its order written findings as to why the requirement would not be in the best interest of justice and public safety. Tenn. Code Ann. § 40-11-118(d).

Effective in January 2023, the ignition interlock period of time restarts in full if the Department of Safety determines that the person removed the device. Also, if in the last 120 days of an interlock period and the department determines that a person has tampered with the device, failed to take a retest, or failed a test (and certain subsequent retests) within the last 120-days of the interlock period, the 120-day period starts again from the date of the violation. Tenn. Code Ann. § 55-10-425.

New Interlock Device Legislation

Effective January 1, 2024 House Bill 77/Senate Bill 259 requires all ignition interlock devices on vehicles to be equipped with GPS technology to “geotag” a vehicle’s location whenever an ignition interlock device is used to start a vehicle. This “geotag” will also be used when a skipped test occurs or when circumvention of the device is detected. This new legislation is aimed at helping law enforcement determine the proper jurisdiction in which the driver committed the violation.

Pending DUI-related Legislation in Tennessee

Treatment and Transdermal Monitoring Device Requirements for DUI Offenders

Senate Bill 328/House Bill 144 lowers from 25 to 17 the required number of days a person convicted of a second DUI must spend in jail before becoming eligible to participate in a substance abuse program.

This bill also requires a judge to order a person charged or convicted of a third or subsequent DUI or DUI related offense to wear a transdermal alcohol monitoring device for at least 90 days of continuous sobriety upon release on probation or on bail (unless the person’s criminal case ends before completion of this period). This set of bills has passed both houses of the Tennessee Legislature and is awaiting signature by Governor Lee.

Enhancing Minimum Sentences for Certain DUI Offenders

House Bill 587/Senate Bill 1055 aims to enhance minimum sentences for DUI offenders by lowering the BAC threshold from .20 to .15. Now, a person convicted of DUI first offense with a BAC level of .20 or higher shall serve a minimum of seven (7) consecutive days rather than just 48 hours. If this bill passes, that level will be reduced to .15. This bill is pending approval in both houses.

Boating Under the Influence (BUI) Penalties

House Bill 458/Senate Bill 720 authorizes courts to use the same sentencing alternatives for BUI as DUI. For example, transdermal monitoring devices, electronic monitoring with random alcohol or drug screening; GPS monitoring; and incarceration in an alternative facility.

This law also clarifies that law enforcement may seek search warrants to perform breath and blood tests of BUI suspects. Also, the law increases the suspension of boating privileges from 6 to 12 months for a BUI or BUI-related implied consent violation. This law also creates sentence enhancements related to the presence of minors in BUI cases. This bill is pending approval in both houses.

Liability for Individuals that Provide Cars to Intoxicated Persons

House Bill 1198/Senate Bill 1318 creates a criminal offense for providing a motor vehicle to another person who the provider of the vehicle knows or should know is under the influence of an intoxicant or whose driver’s license has been suspended or revoked under certain circumstances. As written, a person who violates this law is subject to a sentence of a minimum of 48 hours incarceration. This bill is pending approval in both houses.

Conclusion

With Tennessee’s DUI laws constantly changing, it is important to consider the date upon which the charge occurred and consult with knowledgeable attorneys. With decades of experience defending DUI charges in Tennessee and Georgia, the legal team at Davis & Hoss is ready to help individuals facing these allegations. Contact Attorney Lee Davis at lee@davis-hoss.com or by phone at 423-266-0605 for more information.

Categories