Archive for December, 2020

What Is An Ignition Interlock Device?

Tennessee law requires the use of an Ignition Interlock Device (“IID”) for most motorists upon conviction of Driving Under the Influence (“DUI”).  The requirement of an IID generates many questions for TN motorists.  Primary among the questions is: What is an Ignition Interlock Device?

Tennessee Department of Safety and Homeland Security High Patrol Division Rule 1340-03-06-.02 defines an Ignition Interlock Device as “a device that is designed to allow a driver to start a vehicle if the driver’s [Breath Alcohol Concentration (“BrAC”)] is below the set point and to prevent the driver from starting the vehicle if the driver’s BrAC is at or above the set point.”  

An IID is essentially a breath alcohol test device that requires a driver to register a breath test sample not only prior to starting the vehicle, but also periodically while operating the vehicle, to verify that the driver’s breath alcohol concentration remains below a preset level.  Tennessee law requires Ignition Interlock Devices be calibrated to a setting of .02%.  Accordingly, should the driver register at or above .02%, the IID will prevent the vehicle from being started. 

In the coming weeks, this blog will address additional questions surrounding the Tennessee IID requirements, including, but not limited to: When is an IID required? Is an IID mandated even when a DUI conviction does not involve alcohol? What procedures must be met to have an IID removed from a motorists’ vehicle? What are the consequences an Ignition Interlock Device violation?

In the meantime, should you have any questions relating to a Tennessee DUI arrest, the lawyers at Oberman & Rice are available to speak with you at (865) 249-7200.

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TDOS Offers New Online Features for License Reinstatement

On December 2, 2020, the Tennessee Department of Safety (TDOS) announced new online services available for those with suspended or revoked driver licenses.  Although not available for all drivers, many can now complete the entire reinstatement process without visiting a Driver Service Center in person.  In addition to the online option, TDOS also offers the use of self-service kiosks and iPads at Driver Service Centers.  However, TDOS notes that not all drivers are eligible to use online, self-service kiosk, or iPad for driver license reissuance.  If you are not able to complete the reinstatement process online, you will be required to visit a Reinstatement Center

One component of reinstating a driver license using online is the submission of the required compliance documents.  The required documentation is dependent upon the cause of the license revocation (e.g., Driving Under the Influence, Implied Consent Violation, Failure to Satisfy a Traffic Citation, Failure to Show Proof of Financial Responsibility, etc.).  A list of the violations that trigger license revocation and the corresponding reinstatement requirements can be found here: https://www.tn.gov/safety/driver-services/reinstatements.html#Compliance.  Likewise, a list and description of the compliance documents can be found here: https://www.tn.gov/safety/driver-services/reinstatements.html#Compliance.

Detailed information about how to pay reinstatement fees and how to submit the required compliance documents can be found by visiting: https://www.tn.gov/safety/driver-services/reinstatements.html#Compliance.  A review of our prior blog post, TN Driver License Reinstatement—Navigating the TDOS Website, may be helpful when accessing the online services.

Should you or a loved one need legal assistance with your Tennessee Driver’s License or the Reinstatement process, our attorneys at the Oberman & Rice Law Firm are available to assist you and may be reached by calling (865) 249-7200.

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