Archive for November, 2010
Among the new and updated DUI/DWI-related laws generated from the Tennessee 106th General Assembly (2010) is the requirement that each person convicted of a TN DUI charge be taxed a $40.00 Ignition Interlock Device (IID) fee. The purpose of the fee is to fund the Ignition Interlock Fund, which is being created to pay for installation and maintenance of the ignition interlock device for indigent defendants in certain circumstances. The $40.00 IID fee is the second court cost increase for Tennessee DUI convictions to be mandated by the Tennessee Legislature this past year. See my June 20, 2010 post, Where Does the Chemical Test Fee Go?, for information on the other fee increase.
In the coming weeks Tennessee DUI Center will continue to provide information on the new and/or updated Tennessee DUI/DWI laws. Please check back each week for a new highlighted law. In the meantime, if you have any questions about Tennessee DUI laws or DUI/DWI-related matters, feel free to contact Steve or Sara at 865-249-7200 or visit us online at either www.tndui.com or www.duiknoxville.com.
If you have been arrested for DUI/DWI in Tennessee, how do you know if a prior DUI or DWI conviction may be used against you to increase your punishment? Tennessee law establishes a “look-back” period to determine whether your prior offense will be used to enhance your Tennessee DUI sentence (i.e. to a TN DUI 2nd offense, Tennessee DUI 3rd offense, etc.). For Tennessee DUI offenses committed on or after July 1, 2010, the way in which this “look-back” period is calculated has changed:
Tennessee DUI offenses prior to July 1, 2010: Calculate from the date of conviction on the prior offense to the date of conviction on the current TN DUI charge.
Tennessee DUI offenses on or after July 1, 2010: Calculate from the date of the offense of the prior DUI conviction to the date of the offense for the current DUI charge.
These changes can be found in Tennessee Public Chapter Number 1080, which amended Tennessee Code Annotated § 55-10-403(a)(3). The full text of all Tennessee Public Chapters can be found by visiting http://tnsos.org/acts/PublicActs.106th.php?showall.