Tennessee Ignition Interlock Requirements

55-10-404; §55-10-409; §55-10-412; §55-10-403(a)(1)(A)(iii)

 A person convicted of any DUI offense, when applying for and the court orders the issuance of a restricted motor vehicle operator’s license, must operate only a motor vehicle that is equipped with a functioning ignition interlock device.  The order is a condition of probation if at the time of the offense, the defendant:

(1) Has a blood or breath alcohol concentration of 0.08 percent or higher;

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

(3) Is involved in a traffic accident for which notice to law enforcement is required under present law and the accident is the proximate result of the person’s intoxication; or

(4) Is in violation of the implied consent law, and has a conviction or juvenile delinquency adjudication for a violation that occurred within five years of the instant implied consent violation, for implied consent, underage driving while impaired, the open container law, or reckless driving if the charged offense was DUI.

An ignition interlock device must be in operation during the entire time period a restricted license is effectuated and must continue to be in operation six months after the license revocation period has expired. The license suspension periods are the following:

(1)First offense: one year

(2) Second offense: two years

(3) Third offense: six years

(4) Fourth or subsequent offense: eight years.

If a person convicted of a DUI has a prior DUI conviction within the past five years, then, after the revocation period, the person may only operate only a motor vehicle that is equipped with a functioning interlock device for one year and such requirement is a condition of the person’s probation. For a second DUI violation within ten years, the instillation of an ignition interlock device is mandatory.

No geographic restriction requirements for restricted licenses.

Exemption: Employment.

Source: MADD

Tennessee Implied consent – administrative / civil penalty for refusal

• Refusal with no prior conviction in 10 years driver’s license revoked for one year.
• Refusal with at least one conviction in last 10 years driver’s license revoked for two years.
• Suspensions are longer if the prior conviction(s) involved serious bodily injury. T. C. A. § 55-10-407(a).

 Tennessee Implied consent – criminal penalty for refusal

Tennessee DUI Conviction – administrative / civil penalty (license suspension, use of IID)

• First conviction driver’s license suspended for one year.
• Second conviction driver’s license suspended for two years.
• Third conviction driver’s license suspended for six years.
• Fourth or subsequent conviction driver’s license suspended for eight years. T. C. A. § 55-10-404.

Tennessee DUI Conviction – criminal penalties (jail sentence, fines, community service)

• First conviction jail sentence of 48 hours to one year; fine of $350-$1,500; 24 hours community service. Second conviction jail sentence of 45 days to one year; fine of $600-$3,500.
• Third conviction jail sentence of 120 days to one year; fine of $1,100-$10,000.
• Fourth or fifth conviction Class E felony; jail sentence of at least 150 days; fine of $3,000-$15,000.
• Sixth or subsequent conviction Class C felony; jail sentence of at least 150 days; fine of $3,000-$15,000. T. C. A. § 55-10-402(a); T. C. A. § 55-10-403(a).
• Any violator can be ordered to be subject to transdermal, electronic, GPS or other monitoring. T. C. A. § 55-10-402(d)(2).
• Driver commits vehicular assault if, as a result of their intoxication, he/she recklessly causes serious bodily injury to another person. T. C. A. § 39-13-106(a).
• Offender may be required to operate a vehicle equipped with IID.

Child endangerment

• Committing a violation while a child under age 18 is in the vehicle. T. C. A. § 55-10-402(b)(1). In addition, there are additional criminal enhancements in the case where the child under age 18 in the vehicle is either seriously injured or killed. T. C. A. § 55-10-402(b)(2), (3).