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Universal Citation: TN Code § 55-10-417 (2021)
- A court may order the installation and use of an ignition interlock device for any conviction of § 55-10-401, if the driver's license is no longer suspended or revoked or the driver does not have a prior conviction as defined in § 55-10-405. The restriction may apply for up to one (1) year after the person's license is reinstated.
- The provisions of this subdivision (a)(1), authorizing the court to order an ignition interlock device for a violation of § 55-10-401, shall only apply when the court is not otherwise required to order an ignition interlock device by this part.
- If a person is convicted of a first offense of § 55-10-401, and the person is not required to operate only a motor vehicle with an ignition interlock device pursuant to § 55-10-409(b)(2)(B), and the person is otherwise eligible for a restricted license pursuant to § 55-10-409(b)(1)(A)(i), such person may request and the court may order the installation and use of an ignition interlock device in lieu of geographic restrictions or additional limitations on the restricted license. A person so requesting shall pay all costs associated with the ignition interlock device and no funds from the electronic monitoring indigency fund shall be used to pay any cost associated with the device, regardless of whether or not the person is indigent.
- If a person is ordered to install and use the device due to the requirements of § 55-10-409 or subdivision (a)(1), subdivision (a)(2), or subsection (k) due to a violation of either § 55-10-401 or § 55-10-406, the restriction shall be a condition of probation or supervision for the entire period of the restriction.
- Upon ordering a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1), subdivision (a)(2) or subsection (k) the court shall establish a specific calibration setting of two-hundredths of one percent (0.02%) blood alcohol concentration at which the functioning ignition interlock device will prevent the motor vehicle from being started.
- Upon ordering the use of a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1), subdivision (a)(2), or subsection (k) the court shall:
- State on the record the requirement for and the period of use of the device and so notify the department of safety;
- Notify the department of corrections, the department of safety or any other agency, department, program, group, private entity or association that is responsible for the supervision of the person ordered to drive only a motor vehicle with a functioning ignition interlock device;
- Direct that the records of the department reflect that the person may not operate a motor vehicle that is not equipped with a functioning ignition interlock device; and
- Direct the department to attach or imprint a notation on the motor vehicle operator's license of any person restricted under this section, stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device.
- Upon the court ordering a person to operate only a motor vehicle equipped with a functioning ignition interlock device pursuant to § 55-10-409, subdivision (a)(1) or subsection (k), the court, the department of correction or any other agency, department, program, group, private entity or association that is responsible for the supervision of such person shall:
- Require proof of the installation of the functioning ignition interlock device on at least one (1) motor vehicle operated by such person;
- Require periodic reporting by the person for verification of the proper operation of the functioning ignition interlock device;
- Require the person to have the system monitored for proper use and accuracy by an entity approved by the department of safety at least every thirty (30) days, or more frequently as the circumstances may require; and
- Notify the court of any of the person's violations of this part.
- If a person is ordered to drive only a motor vehicle with a functioning ignition interlock device, and such person owns or operates more than one (1) motor vehicle, the court shall also order the person to elect a motor vehicle such person will operate exclusively during the interlock period and order the device to be installed on such motor vehicle prior to applying for a motor vehicle operator's license of any kind and shall show proof of such installation and operation of such device at the time of making application for a motor vehicle operator's license to the department of safety or to the court. A person may elect to have a functioning interlock device installed on more than one (1) motor vehicle.
- If the motor vehicle that the person has elected to exclusively operate during the interlock period is no longer being used by such person, the person shall have any replacement motor vehicle exclusively used by such person installed with a functioning ignition interlock device and notify the department of safety and any agency, department, program, group, private entity or association that is responsible for the supervision of such person.
- A person prohibited under this part from operating a motor vehicle that is not equipped with a functioning ignition interlock device shall not solicit or have another person attempt to start or start a motor vehicle equipped with such a device.
- A person shall not attempt to start or start a motor vehicle equipped with a functioning ignition interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited under this section from operating a motor vehicle that is not equipped with a functioning ignition interlock device.
- No person shall:
- Tamper with, or in any way attempt to circumvent, the operation of a functioning ignition interlock device that has been installed in a motor vehicle;
- Operate a motor vehicle that is not equipped with a functioning ignition interlock device when the person has been ordered by the court to only operate a vehicle equipped with such an interlock device; or
- Operate a motor vehicle outside the geographic limitations or during restricted times when geographic or time restrictions are ordered by the court.
- A person shall not knowingly provide a motor vehicle not equipped with a functioning ignition interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with a functioning ignition interlock device.
- Except as provided in subdivision (j)(4), a person who violates subsections (f), (g), (h) or (i) commits a Class A misdemeanor:
- If the violation is the person's first violation, such person shall be sentenced to a minimum of forty-eight (48) hours of incarceration;
- If the violation is the person's second violation, such person shall be sentenced to a minimum of seventy-two (72) hours of incarceration;
- If the violation is the person's third or subsequent violation, such person shall be sentenced to a minimum of seven (7) consecutive days of incarceration;
- The penalty provisions of this subsection (j) shall not apply if the starting of a motor vehicle equipped with a functioning ignition interlock device, or the request to start a motor vehicle equipped with a functioning ignition interlock device, is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the court order does not operate the vehicle.
- If a person convicted of a violation of § 55-10-401 has a prior conviction as defined in § 55-10-405 within the past five (5) years, the court shall order the person, or the department of safety shall require the person prior to issuing a motor vehicle operator's license of any kind, to operate only a motor vehicle, after the license revocation period, which is equipped with a functioning interlock device for a period of six (6) months.
- If a person is required by the department of safety pursuant to subsection (k) or by court order issued pursuant to this section, whether issued due to statutory requirement, in the court's discretion, or at the defendant's request, to operate only a motor vehicle that is equipped with a functioning ignition interlock device and the offense for which the ignition interlock device is ordered occurs on or after July 1, 2016, the compliance-based provisions of § 55-10-425 shall govern the required periods of continuous operation, default interlock orders, authorized removal of the device, and other enforcement aspects of the court's order set out in § 55-10-425.
- ln addition to all other fines, fees, costs, and punishments now prescribed by law, upon ordering the use of a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1), subdivision (a)(2), or subsection (k), the court shall assess a one-time electronic monitoring initial use fee of twelve dollars ($12.00) if the person has not previously been ordered by a court of this state to use an ignition interlock or other electronic monitoring device. All proceeds collected pursuant to this subsection (m) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419.
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What is the penalty for driving without an interlock in Tennessee? ›
a person who drives a motor vehicle without a functioning ignition interlock device installed as required by law all be punished by confinement for not less than seven (7) days nor more than six (6) months, and there may be imposed, in addition, a fine of not more than one thousand dollars.How many interlock violations can you have in Tennessee? ›
(5) Once five (5) violations have occurred, the user must return for service within seventy-two (72) hours or the device will lock out and prevent the vehicle from starting.How do you remove an interlock early in Tennessee? ›
If you wish to remove your Ignition Interlock Device before you are eligible for license reinstatement, email TNRemoval@smartstartinc.com to request an early removal form. You will be required by the TN Department of Safety to surrender your license and obtain a State ID.What is the BAC limit for intoxalock in Tennessee? ›
The legal blood alcohol content (BAC) level in Tennessee is . 08 percent, so any offender found with that level or above risks a conviction and penalties that include their driver's license being revoked for a year.Can you go to jail for driving without a license in Tennessee? ›
In Tennessee, driving without a license is a Class C Misdemeanor, punishable by up to 30 days in jail.How long does a DUI stay on your license in Tennessee? ›
A DUI will stay on your record for life.
Additionally, if you were initially charged with a DUI but convicted of a lesser offense, often reckless driving or reckless endangerment, your record may be expunged.
Under Tennessee law, DUI convictions cannot ever be expunged, but will permanently remain a part of the public record.How likely is jail time for first DUI in Tennessee? ›
Penalties and Sentences
Tennessee has mandatory jail time for first time DUI offenders. At a minimum, offenders will get 48 hours in jail, unless your BAC was . 20 or higher, then the minimum is 7 days. However, a first time DUI can give you up to 11 months and 29 days in jail and a $350-$1,500 fine.
There is no 'way to beat a DUI', unless you entirely refrain from drinking, drugs and driving. There are however complex legal issues which need to be examined by a DUI lawyer to ensure that your rights are being protected and that the evidence which is being used against you in the DUI case is admissible.What helps to pass interlock? ›
The most common tip to beath a breathalyzer is to use mouthwash or a breath mint. However most mouthwashes or mints result in testing positive for a higher level of BrAC as they contain alcohol among their ingredients.
Is there any way to get around interlock breathalyzer? ›
After reviewing all the methods you could try to cheat the ignition interlock device, the bottom line is this: there's simply no good way to circumvent an interlock device. While you may think your situation is special or unique, the interlock device has been installed for a reason.How long do you have to keep an interlock device in Tennessee? ›
Your ignition interlock device must be on your vehicle for 365 consecutive days. Removing the device at any point during your program will cause you to start the program from the beginning.Can I have one drink with Intoxalock? ›
So yes, you can still buy alcohol while you're in an ignition interlock device program. You can still have a drink at happy hour with friends. You can still drink wine with dinner.What BAC is a fail on Intoxalock? ›
What Happens if You Fail an Interlock Test? You need to keep your BAC below 0.02% to pass the initial breath test. If you fail a breathalyzer in your car, your vehicle will not turn on and you'll have to wait sometime before you can take the test again.What blood alcohol level is a DUI in Tennessee? ›
The current BAC limit in Tennessee, so long as you're not underage or driving a commercial vehicle (more on this later), is . 08. This is the blood alcohol concentration level that lawmakers consider to be the tipping point between “safe” and “not safe” for the average person. Much like the speed limit of 70 mph, .Do you have to ID yourself in Tennessee? ›
Tennessee does not have a stop-and-identify statute, meaning that police can't just ask you for ID out of nowhere. But if THEY believe that you have committed, are committing or about to be involved in a crime, and have the legal basis to investigate, then they can ask.What are my rights when pulled over in Tennessee? ›
These rights include the right to remain silent and the right to have an attorney present under the Fifth Amendment. It is a violation of the Constitution if police ask you any questions in custody without informing you of these rights. Police cannot use force whenever they want to.How do I get my license unsuspended in Tennessee? ›
- Submit proof that the criminal offense has been satisfied.
- Payment plan re-established and new court order issued.
- Surrender Restricted Driver License.
- Reinstatement Fees: $75 surrender license fee (if applicable)
1st Offense – Up to 11 months 29 days in jail, $350-$1000 in fines, DUI School and/or Victim Impact Panel, and possible Ignition Interlock Device (IID). Mandatory 7 days in jail if BAC is over . 20%. 1-year license revocation.How long does a DUI stay on your insurance record in Tennessee? ›
A DUI in Tennessee can affect insurance for up to 10 years, depending on how far back the insurance company looks in a driver's motor vehicle record. Most insurers look back at the past 3-5 years of a driver's motor vehicle record when calculating premiums, but some look even further for major violations like DUI.
How do I get my license back after a DUI in Tennessee? ›
When your driver's license suspension term is over, you will need to apply for DUI license reinstatement in Tennessee. This may require you to retake the driver's examinations. You will have to pay a reinstatement fee, satisfy all court requirements, and provide SR22 insurance for up to 3 years.Do you get probation for a DUI Tennessee? ›
A typical first-time offender with no aggravating circumstances convicted of DUI in Tennessee will be looking at an 11-month, 29-day sentence, with probably 48 hours to be served in jail and the remaining 11 months and 27 days on probation.What are disqualifying offenses in Tennessee? ›
Lifetime disqualification for any violent offense, most sex offenses, any felony or misdemeanor drug offenses, as well as other offenses that present a “threat to the health, safety or welfare” of children. Disqualifying offenses include pending charges and certain juvenile offenses.Does a DUI show up on a background check in TN? ›
As a general rule, a DUI conviction will appear on a pre-employment background check. There is a new exception to the rule called “ban the box.” Tennessee's public employers must comply with a new law that helps job applicants who have a criminal record including a DUI.Do you lose your license for first DUI in TN? ›
Some of the consequences you may face for a first-offense DUI in Tennessee are as follows: You will face a 1-year driver's license suspension. A $1,500 fine.How much is bail for a DUI in Tennessee? ›
A DUI charge in Memphis can result in a bail amount ranging from $1,500 all the way up to five figures. The amount depends on the severity of the crime and how many past convictions a person has. A person may also face stiff fines for a DUI, which can make paying bail even harder than it would be otherwise.How long can a DUI case stay open in Tennessee? ›
What is the statute of limitations for DUI? In Tennessee, prosecution for a misdemeanor offense must be commenced within one year after commission of the offense. A Class E Felony DUI must be commenced within two years.Can you refuse a breathalyzer test in Tennessee? ›
In Tennessee, you are considered to have given implied consent to a chemical test if you are pulled over for suspicion of drunk driving. Refusing to take the test may potentially result in serious consequences, including license suspension and jail time.Will toothpaste set off interlock? ›
What causes false positives during Breathalyzer tests? If you've used a product that contains alcohol, the Breathalyzer might detect the alcohol concentration and report a false positive. Products that contain alcohol include toothpaste, aftershave, hand sanitizer, bleach, mouthwash, perfume and cologne.What foods will set off an interlock device? ›
- Spicy Foods. Spicy meals are constantly used as an example that will cause 'false positive' results in Interlocks. ...
- Sugary Foods. One of the most common culprits is yeast. ...
- Fruit & Fruit Drinks. ...
- Vinegar. ...
- Energy Drinks. ...
- Vanilla Extract. ...
- Mouthwash. ...
- Breath Spray.
Does coffee help with a breathalyzer? ›
Caffeine: Drinking coffee may help an individual feel sober, however it has no impact on the breathalyzer machine.How do you beat the breathalyzer in a car? ›
- How does an IID work? ...
- Have a friend blow into the IID. ...
- Mask the alcohol by eating food or mints. ...
- Use compressed air, such as air from a balloon. ...
- Consume caffeine. ...
- Temporarily remove the IID.
- Using compressed air instead of your own breath to blow into the interlock.
- Asking a friend to blow into the interlock to start your car.
Because alcohol metabolism is different for everyone, there is no single answer as to how long a breathalyzer can detect alcohol in a person's system, but in general, a breathalyzer can first detect alcohol in a person's system about 15 minutes after it has been consumed and up to 24 hours later.How long after drinking can I use interlock? ›
So the answer to the question, How long after you stop drinking can you pass an ignition interlock device test? is anywhere from 12 to 24 hours after your last drink. So really, you shouldn't plan to drive unless it's been at least 12 hours since your last drink.What happens if you fail a interlock test in Tennessee? ›
What happens if I fail the breath test? The ignition interlock device will prevent you from starting your car for several minutes after which you can attempt a second breath test. If you fail the second test, the device will require that you wait for a longer duration before retesting your breath-alcohol level.How many times do you interlock? ›
How often to interlock your locs depends on how active you are and how fast your hair grows. But every six weeks to 3 months is a good guide. Here are a few things you can do to keep your locs neat and extend the time between interlockings: If you can, limit activities that cause you to sweat in your scalp.Can 1 beer show up on a breathalyzer? ›
The more you drink, the longer the alcohol stays in your system. Generally, a breathalyzer test can test positive for alcohol for up to 12 hours after consuming one alcoholic drink.How do you trick a smart start breathalyzer? ›
It's nearly impossible to trick an ignition interlock device because of the way the new generation of machines works. The new machines allow for rolling retests, which means that you have to blow into the machine and retest your breath while you're driving.Can intoxalock give false readings? ›
These false positives can occur even when you have not consumed any alcohol whatsoever. A number of foods and other substances have been known to cause false results with breathalyzer testing. The same substances can also lead to false results with an ignition interlock device.
What does violation 4 mean on intoxalock? ›
4. Missing a retest. Sometimes drivers think that if they can't provide a clean breath sample to initially start their car, they can have a friend provide one instead. However, you are subject to random retests while driving, where you must blow into the device at random intervals while driving.Does drinking water lower your BAC faster? ›
Blood Alcohol Content, or BAC, refers to the percentage of alcohol in a person's bloodstream, and can be measured within 30-70 minutes after drinking. Contrary to popular belief, nothing can lower BAC except time; coffee, cold showers, and chugging glasses of water will not help you sober up any faster.Can you drink the night before with interlock? ›
While you can drink the night before an interlock test, you should do so responsibly.Can you drive after a DUI in Tennessee? ›
In Tennessee, any driver who is convicted of a driving under the influence of alcohol charge will be ordered to surrender his/her license for at least one year. Any driver who refuses to submit to a chemical test such as breathalyzer test will also lose driving privileges for at least one year.Is a DUI in Tennessee a felony or misdemeanor? ›
A DUI is a misdemeanor in Tennessee, specifically a class A misdemeanor; however, the fourth DUI conviction, is a class E felony. The first three DUI convictions will have a maximum amount of jail time of eleven months and twenty-nine days in jail.What is the highest level of DUI? ›
- Charging A DUI As A Felony Or Misdemeanor. ...
- A Felony DUI May Include Inflicting A Severe Injury On Another Individual. ...
- Drivers With 4 DUIs Within 10 Years Will Face Felony Charges.
Penalty for Refusal
The first time you refuse a breathalyzer test, you may face a 12-month license suspension. This increases by an additional 24 months if you had a prior DUI conviction or if someone was seriously injured in a crash.
The IID must be in use for 365 days or the entire license revocation period, whichever is longer. If all requirements are followed for license reinstatement, there will be no additional interlock term.Do you get your license taken away for a DUI in Tennessee? ›
If you are stopped for driving under the influence (DUI) in Tennessee, you could lose your license even if you are not convicted of any crime. You can, however, fight against a drivers license suspension with the guidance of a Nashville DUI lawyer.How do you get a DUI Dismissed in Tennessee? ›
- The Unlawful Stop. An unlawful stop means that law enforcement had no valid reason for pulling you over in the first place. ...
- Contesting BAC Test Results. ...
- Blood Alcohol Content Continued to Rise. ...
- Work with a TN DUI Attorney.
Can you refuse a field sobriety test in TN? ›
If a law enforcement officer asks you to take a field sobriety test in Tennessee, you have the right to refuse. These tests are voluntary, and your participation is not required by law.How long do you go to jail for a DUI in Tennessee? ›
In Tennessee, a DUI is a Class A misdemeanor charge with a minimum sentence for a first conviction of DUI is 48 hours in jail, but can be as much as 11 months, 29 days in jail with fines, court costs, loss of license for a year and community service assessed.How do you beat an interlock device? ›
- How does an IID work? ...
- Have a friend blow into the IID. ...
- Mask the alcohol by eating food or mints. ...
- Use compressed air, such as air from a balloon. ...
- Consume caffeine. ...
- Temporarily remove the IID.
So the answer to the question, How long after you stop drinking can you pass an ignition interlock device test? is anywhere from 12 to 24 hours after your last drink. So really, you shouldn't plan to drive unless it's been at least 12 hours since your last drink.How much does interlock cost in Tennessee? ›
The cost of an ignition interlock device in Tennessee varies, but should not exceed $150 for installation, $100 for monthly leasing, and $75 for removal of the device according to the Tennessee Department of Safety and Homeland Security.Can you get around an interlock device? ›
Tampering with your Intoxalock device or attempting to bypass your breathalyzer connections is considered as being out of compliance with your IID requirements. This means that you're no longer driving legally. Clearly, this can result in more legal consequences for you.