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DUI: Interlock Requirement Before Conviction.

On Behalf of | Jul 10, 2022 | DUI

Beginning July 1, 2022, under a new Tennessee legislative bill, you may be required to install a vehicle interlock device before you are even convicted of a DUI.

SECTION 1. Tennessee Code Annotated, Section 40-11-118(d}, is amended by deleting the
subsection and substituting instead the following:
(d)(1)(A) Unless the court determines that the requirement would not be in the best
interest of justice and public safety, when the court is determining the amount and
conditions of bail to be imposed upon a defendant who has been charged with driving
under the influence of an intoxicant, under § 55-10-401, vehicular assault, under §
39-13-106, aggravated vehicular assault, under § 39-13-115, vehicular homicide,
under§ 39-13-213(a)(2), or aggravated vehicular homicide, under§ 39-13-218, and
the alleged offense involved the use of alcohol, the court shall require the defendant
to operate only a motor vehicle equipped with a functioning ignition interlock device if:
(i) The offense resulted in a collision involving property
damage;
(ii) A minor was present in the vehicle at the time of the alleged
offense;
(iii) The defendant’s driver license has previously been
suspended for a violation of § 55-10-406; or
(iv) The defendant has a prior conviction for:
(a) Reckless driving, under§ 55-10-205;
(b) Reckless endangerment, under§ 39-13-103;
(c) Driving under the influence of an intoxicant, under§
55-10-401;
( d) Vehicular assault, under § 39-13-106;
( e) Aggravated vehicular assault, under§ 39-13-115;
(f) Vehicular homicide, under§ 39-13-213(a)(2); or
(g) Aggravated vehicular homicide, under§ 39-13-218.
(B) If the court imposes a condition under subdivision (d)(1 )(A), then
the defendant must demonstrate compliance with the condition by submitting
proof of ignition interlock installation to the district attorney general’s office
within ten (10) days of being released on bail. Proof of compliance may be
submitted electronically. If the court determines the defendant is indigent, the
court shall order the portion of the costs of the device that the defendant is
SB882
unable to pay be paid by the electronic monitoring indigency fund, established
in§ 55-10-419.
(C) If the court does not require the defendant to operate only a motor
vehicle equipped with a functioning ignition interlock device, then the court
shall include in its order written findings on why the requirement would not be
in the best interest of justice and public safety.

https://publications.tnsosfiles.com/acts/112/pub/pc1134.pdf