2021 Tennessee Code :: Title 55 - Motor and Other Vehicles :: Chapter 10 - Accidents, Crimes and Penalties :: Part 4 - Alcohol and Drug Related Offenses :: § 55-10-417. Ignition Interlock Devices (2023)

FAQs

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.

(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.

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.

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.

In Tennessee, driving without a license is a Class C Misdemeanor, punishable by up to 30 days in jail.

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.

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.

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.

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.

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 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.

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, .

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Does coffee help with a breathalyzer? ›

Caffeine: Drinking coffee may help an individual feel sober, however it has no impact on the breathalyzer machine.

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.

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 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 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.

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.

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.

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.

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.

While you can drink the night before an interlock test, you should do so responsibly.

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.

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.

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.

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.

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.

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.

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.

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.

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.