Posted by Sara Compher-Rice in Ignition Interlock Device, Tennessee Driver's License, Tennessee DUI Laws on September 30th, 2013
Below is a brief outline of some of the most frequently asked questions regarding ignition interlock device requirements as a result of the new Tennessee DUI Laws that became effective July 1, 2013 and apply to those arrested for a Tennessee DUI on or after that date.
Is an ignition interlock device (IID) now required with every DUI conviction?
The new Tennessee Law provisions do not require an IID for every DUI offender who applies for a restricted driver’s license.
What are the IID requirements with a DUI 1st offense conviction?
The use of an IID is not required with every Tennessee DUI conviction. Rather, one of the prerequisites listed below must be present to require the use of an IID. For instance, an IID is not required if a person refuses a chemical test (blood, breath, or urine test) and is convicted of DUI unless certain other factors are present. Other factors may prevent the mandatory IID requirement. Accordingly, it is important to carefully review the details of your case with your Tennessee DUI attorney.
When obtaining a restricted driver’s license following a conviction for DUI 1st offense, motorists are required to operate only vehicles equipped with an ignition interlock device when:
It should be noted that even if not required by statute, judges have discretion to order the use of an ignition interlock device upon application for any restricted Tennessee driver’s license. A motorist may also request the court to order an IID rather than have her permitted driving restricted to certain days, times and locations. However, unless ordered of the court’s own accord, motorists are not eligible to apply for ignition interlock fund assistance and are responsible for all costs associated with the installation and maintenance of the device.
What are the IID requirements with a DUI 2nd or greater offense conviction?
If a person has a prior conviction within the past 10 years for DUI or Adult DWI in Tennessee or a similar offense in another jurisdiction, the court may order a restricted driver’s license. However, the court must order that the person operate only a vehicle equipped with an ignition interlock device.
Does a violation of the Implied Consent law require the use of an IID with a restricted driver’s license?
A refusal under the Implied Consent law does not automatically trigger the requirement for an IID. In fact, no ignition interlock device is required unless the person (1) is found to have violated the Tennessee Implied Consent law; (2) is convicted of the related-DUI offense (assuming it is a first offense); and (3) has one of the qualifying prior convictions as noted above.
Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws. For more information about the crime of DUI or about Tennessee ignition interlock device requirements, Steve and Sara are available by calling 865-249-7200. You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.
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