Posts Tagged IID
What Is An Ignition Interlock Device?
Posted by Sara Compher-Rice in Frequently Asked Questions, Ignition Interlock Device, Tennessee Driver's License on December 30th, 2020
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.
Ignition Interlock Device Requirements Under the New Tennessee DUI Laws
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:
- The person’s blood or breath alcohol concentration is .08% or higher;
- The person’s blood or breath alcohol concentration contains a combination of any amount of alcohol and marijuana, a controlled substance, controlled substance analogue, drug, or any substance affecting the central nervous system;
- The person was accompanied by a person under the age of 18 at the time of the DUI offense;
- The person was involved in a traffic accident for which notice to a law enforcement officer was required, and the accident was the proximate cause of the person’s intoxication; or
- The person violated the implied consent law and has a prior conviction or juvenile delinquency for a violation that occurred within five years of the instant implied consent violation for:
- Implied consent under Tennessee Code Annotated § 55-10-406;
- Underage driving while impaired under Tennessee Code Annotated § 55-10-415;
- The open container law under Tennessee Code Annotated § 55-10-416; or
- Reckless driving under Tennessee Code Annotated § 55-10-205, if the charged offense was Tennessee Code Annotated § 55-10-401.
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.
The New Implied Consent Violation Restricted Driver’s License
Posted by Sara Compher-Rice in Frequently Asked Questions, Ignition Interlock Device, Tennessee Driver's License, Tennessee DUI Laws on July 13th, 2012
As discussed in a prior post, The Implied Consent Violation Restricted Driver’s License, we are often asked: Can a motorist, whose license is revoked due to an implied consent violation, receive a restricted TN driver’s license without geographic restrictions if he installs an ignition interlock device? Thanks to a new Tennessee DUI law, effective July 1, 2012, some motorist will be able to obtain a restricted driver’s license without geographic restrictions in this instance. Tennessee law now permits a judge to order an ignition interlock device for the Tennessee Implied Consent Violation restricted driver’s license. It must be noted, however, that the judge further has the discretion to require both an ignition interlock device and geographic restrictions.
If you would like more information about Tennessee DUI Laws, the Tennessee Implied Consent Violation (also known as a chemical test refusal), or a Tennessee Restricted Driver’s License, feel free to contact our office at (865) 249-7200. You may also wish to visit our websites to learn more about driving under the influence in Tennessee, or about the Oberman & Rice law firm.
The Implied Consent Violation Restricted Driver’s License
Posted by Sara Compher-Rice in Frequently Asked Questions, Ignition Interlock Device, Tennessee Driver's License on August 25th, 2011
Most motorists who have violated the Tennessee Implied Consent law by refusing to submit to a blood, breath or urine test during a Tennessee DUI arrest, will be eligible to obtain a Restricted Tennessee Driver’s License. The Restricted TN Driver’s License for the Implied Consent Violation offender must include both day and time restrictions, as well as geographic restrictions. The permitted geographic restrictions include locations associated with:
- Employment;
- College or university;
- A court-ordered alcohol program;
- Ignition interlock monitoring appointments;
- Meetings with probation officer;
- Regular place of worship;
- Scheduled litter pick-up; and
- Outpatient alcohol/drug treatment program.
It is important to note that not all of these locations will apply to every motorist. A judge in the county in which the offense occurred, or in which the motorist resides, must approve and sign an Order for Restricted Driver License, detailing the permitted locations. Even then, the locations, days and times are subject to final approval by the Tennessee Department of Safety.
In light of the recent changes involving Tennessee Ignition Interlock Device laws, we are often asked: Can a motorist, whose license is revoked due to an implied consent violation, receive a restricted TN driver’s license without geographic restrictions if he installs an ignition interlock device? Unfortunately, the answer is no. When the changes were implemented permitting licenses to be issued without restrictions (as long as the motorist installed an ignition interlock device), the new law did not allow the issuance of a license without geographic restrictions for licenses revoked for violation of the implied consent law.
Knoxville, TN Ignition Interlock Device Coupon (Free Installation)
Posted by Sara Compher-Rice in Frequently Asked Questions, Ignition Interlock Device, Tennessee DUI Information on March 16th, 2011
As discussed in previous blog posts, New TN Ignition Interlock Device Laws–Part 1, New TN Ignition Interlock Device Laws–Part 2, and New TN Ignition Interlock Device Laws–Part 3, many Tennessee DUI offenders may be required by law to have an ignition interlock device installed their vehicle.
The Oberman and Rice Law Firm has discovered a fantastic coupon offering free installation and, in some instances, free first month’s lease for the Guardian Interlock device. Click here to obtain a copy of this coupon.
This offer is only valid at the following authorized Guardian Interlock distributor:
National Auto Parts, Inc. 4733 Clinton Highway Knoxville, TN 37912 (865) 687-6061New TN Ignition Interlock Device Laws–Part 3
Posted by Sara Compher-Rice in Ignition Interlock Device, Tennessee DUI Laws on January 29th, 2011
Part 3: Discretionary Tennessee Ignition Interlock Device
In addition to the mandatory ignition interlock device (IID) requirements for certain DUI 1st Offense convictions as well as offenders with prior DUI convictions, Tennessee judges have the discretion to order the installation of an IID as a condition for any Tennessee DUI conviction. Interestingly, if a judge orders the installation of an ignition interlock device at his or her own discretion, as opposed a situation where the IID is specifically required by Tennessee law, the defendant may be required to have the device installed for a longer period of time. For instance, when mandated by Tennessee law for a DUI 1st offense conviction, as discussed in Part 1 of this series, the IID may only be ordered for the length of the Tennessee driver’s license revocation. However, when ordered purely at the discretion of the judge, the ignition interlock device may be ordered to remain on the defendant’s vehicle for any period of time up to 1 year after the expiration of the Tennessee driver’s license revocation period.
Any Tennessee defendant who is eligible for a DUI-related restricted Tennessee driver’s license may also request an ignition interlock device. If a defendant requests an IID, at his or her own expense, the person would be able to drive without geographic restrictions (i.e. to and from work, school, place of worship, etc.) during the driver’s license revocation period. In this circumstance, a judge may not extend the required period of the ignition interlock device beyond the Tennessee driver’s license revocation period. If required by Tennessee law to have an IID installed, a defendant is eligible to have the costs paid from the Interlock Assistance Fund. However, it is important to note that Tennessee law does not allow for monetary assistance for indigent defendants who are not ordered to install an IID, but opt for such installation of their own accord.
If you have any additional questions or concerns about the new Tennessee DUI laws, please feel free to contact Steve or Sara at The Oberman & Rice law firm by calling (865) 249-7200.
New TN Ignition Interlock Device Laws — Part 2
Posted by Sara Compher-Rice in Ignition Interlock Device, Tennessee DUI Laws on January 26th, 2011
Part 2: Mandatory Tennessee Ignition Interlock Device Requirement For Offenders With Prior DUI Convictions
A person convicted of Tennessee DUI, who also has a prior DUI conviction in the past 5 years will also be required to install an ignition interlock device. In this instance, the ignition interlock device must be installed on the person’s vehicle during the period of license revocation and for an additional 6 months after the expiration of the revocation period.
A person convicted of a Tennessee DUI 2nd Offense will also be required to install an ignition interlock device during the second year of the 2-year suspension (the person is not eligible to drive at all during the first year). If the person’s prior DUI conviction was within 5 years of the current offense, the person will also be required to maintain the ignition interlock device on his vehicle for a period of 6 months after the expiration of the Tennessee driver’s license revocation period.
Part 3 of the blog series examining the Tennessee Ignition Interlock Device requirements for Tennessee DUI offenders will focus on when the requirement can be ordered at the court’s discretion. Should you have any questions about how the new Tennessee DUI laws may apply to your case, please feel free to contact Knoxville, TN DUI lawyers Steve Oberman and Sara Compher-Rice at (865) 249-7200.
New TN Ignition Interlock Device Laws–Part 1
Posted by Sara Compher-Rice in Ignition Interlock Device, Tennessee DUI Laws on January 24th, 2011
Over the next several weeks, Tennessee DUI Center will be highlighting information about the new laws applicable to Tennessee DUI offenses. The first of the new Tennessee DUI laws involves the use of Ignition Interlock Devices (commonly referred to as IIDs).
Part 1: Mandatory Tennessee Ignition Interlock Device Requirement For DUI 1st Offense Conviction
As of January 1, 2011, many Tennessee DUI offenders, if convicted of driving under the influence, 1st Offense, may face a mandatory order for the installation of an IID if at the time of the offense:
- The person’s blood or breath alcohol concentration was .15% or greater;
- The person was accompanied by a person under 18 years of age;
- The person was involved in a traffic accident requiring notification and the accident was a proximate result of intoxication; OR
- The person violated the implied consent law (refused to submit to a blood, breath, or urine test to determine blood alcohol content) and the person has a conviction or juvenile delinquency adjudication for one of the following within the past 5 years:
- Implied Consent Violation;
- Underage Driving While Impaired (DWI);
- Open Container; OR
- Reckless Driving if the original charge was for Driving Under the Influence (DUI)
Future blog entries will address Tennessee Ignition Interlock Device requirements for Tennessee DUI offenders with prior DUI convictions and will answer many frequently asked questions relating to this new law. In the meantime, if you have any questions about how the new Tennessee DUI laws may apply to your case, please feel free to contact Knoxville, TN DUI lawyers Steve Oberman and Sara Compher-Rice at (865) 249-7200.
