DUI Offenses

Plain English Breakdown

Checked against official source text during the last sync.

Changes to Ignition Interlock Devices for DUI Offenders

This act changes how ignition interlock devices are used and managed by DUI offenders in Tennessee.

What This Bill Does

• Changes the calibration setting of ignition interlock devices from blood alcohol concentration (BAC) to breath alcohol concentration (BrAC).
• Allows active service members deployed outside Tennessee for over 30 days to request a temporary pause on their required usage period, with proof provided by military orders.
• Requires the Department of Safety to review and approve or deny requests to toll the ignition interlock usage period based on deployment evidence.
• Clarifies that service members can have devices removed during long deployments but must reinstall them within 30 days after returning.
• Expands the timeframe for calibration, monitoring, or inspection appointments from one day to seven calendar days before or after the scheduled date.

Who It Names or Affects

• People required to use ignition interlock devices due to DUI offenses.
• Active service members of the U.S. Armed Forces who are deployed outside Tennessee.

Terms To Know

Ignition Interlock Device

A device installed in a vehicle that prevents it from starting if alcohol is detected on the driver's breath.

Tolling Period

A temporary pause or extension of the required usage period for ignition interlock devices due to specific circumstances, such as military deployment.

Limits and Unknowns

• The bill does not specify an effective date.
• Details about how the tolling period will be reviewed and enforced are limited.

Official Summary Text

Upon ordering a functioning ignition interlock device for restricted drive
r licenses or alcohol and drug offenses, present law requires a court to establish a specific calibration setting of 0.02% blood alcohol concentration at which the functioning ignition interlock device will prevent the motor vehicle from being started. T
h
is bill revises this provision by changing the calibration from a blood alcohol concentration to a breath alcohol concentration.

REMOVAL OF IGNITION INTERLOCK DEVICE

This bill provides that if a person who has been ordered to have an ignition interlock
device on their vehicle pursuant to this bill, is an active service member of the United States armed forces and is ordered to be deployed outside of this state for more than 30 days, then the person may request the department of safety ("department"), to

temporarily toll the required ignition interlock usage period by submitting proof of the deployment to the ignition interlock provider. The ignition interlock provider must forward the request and documentation to the department within five business days

of receipt. Proof may consist of an official military order or temporary change of duty station order, which reflects the time period and change of the person's new duty assignment.

This bill requires the department to review and either approve or deny
all requests to toll the required ignition interlock usage period pursuant to this bill. If granted, the toll period must be for the number of days the person is actively deployed. At the end of the deployment, the person will have 30 days to have the d
e
vice calibrated, and the required ignition interlock usage period will resume. If the deployment period exceeds 90 days, then the person may elect to have the provider remove the device from the vehicle to eliminate the cost of the monthly lease of the d
e
vice. However, if the device was removed from the vehicle during the deployment period, then the person will have 30 days after the end of the deployment period to have the device reinstalled on the vehicle, and the required ignition interlock usage peri
o
d will resume upon reinstallation of the device. Failure to comply with this bill may result in the entire ignition interlock usage period starting over.

This bill provides that a tolling period granted pursuant to this bill does not relieve a person fr
om the requirement to only operate a vehicle that is equipped with an ignition interlock device or waive any other requirements the participant is subject to pursuant to this bill.

Tolling Period

Present law provides that a person whose vehicle is unab
le to be operated under this provision may request the department toll the required 365-day period, beginning on the date of the incident that led to the vehicle being unable to be operated, by submitting proof to the ignition interlock provider that the
v
ehicle was involved in a traffic crash, the vehicle is being repaired, or other uncontrollable circumstance through no fault of the person required to have ignition interlock. This bill revises this provision to generally authorize such person to request

the department toll the required ignition interlock usage period.

Denial

This bill authorizes a person aggrieved by the denial of a request to have the ignition interlock usage period tolled under this this bill to, within 10 business days of the date
of the denial, request a review by the commissioner of safety ("commissioner"). The request for review must include copies of the proof submitted to the department, the denial letter from the department, and any information showing why the person believe
s
the denial was incorrect. Within 10 business days of receiving the request for review the commissioner or the commissioner's designee must make a written determination based on information in the department's records and the information provided by the
p
erson requesting the review as to whether or not the toll period should be granted.

This bill provides that the request will stay the continuation of the required ignition interlock usage period until the commissioner's or the commissioner's designee's r
uling is issued. Additionally, a person may appeal the commissioner's or the commissioner's designee's ruling pursuant to present law.

Prohibition

Present law provides that a person required to install and use only a functioning ignition interlock
device is prohibited from (i) removing or causing to be removed the ignition interlock device from the motor vehicle, (ii) failing to appear at the ignition interlock device provider when required for calibration, monitoring, or inspection of the device,
a
nd (iii) tampering with or circumventing the ignition interlock device.

On January 1, 2026, this bill revises (ii) above to, instead, prohibit such person from failing to appear at the ignition interlock device provider when required for calibration, m
onitoring, or inspection of the device. However, this bill clarifies the following:



The person is not in violation of this bill if the person appears for calibration, monitoring, or inspection at any time the provider is open for operation within seven calendar days before or seven calendar days after the date of the person's scheduled appointment.



The person may make an appointment for calibration, monitoring, or inspection within the seven-calendar-day period before or after their original appointment, but the calibration, monitoring, or inspection must be completed within the seven-calendar-day period before or after their original appointment for this bill to apply.



The next monthly calibration appointment must be no more than 30 days from the date the person appears for the calibration, monitoring, or inspection of their device.

Final 120-Day Period

Present law provides that during the final 120-day period of an ignition interlock usage period, the person must not tamper with, circumvent, or atte
mpt to start the motor vehicle with a breath alcohol concentration in excess of 0.02% blood alcohol concentration calibration setting required by present law. However, a person is not in violation of this provision for attempting to start the motor vehic
l
e, if a subsequent retest within 10 minutes shows a breath alcohol concentration of 0.02% or less and review of the digital images associated with each test confirms that the same person performed both tests. This bill revises these provisions by changin
g
the calibration from a blood alcohol concentration to a breath alcohol concentration.

Present law additionally provides that during the final 120-day period of an ignition interlock usage period, the person must not fail a rolling test required by the i
gnition interlock device with a breath alcohol concentration in excess of 0.02%; provided, however, that a person is not in violation of this provision for failing a rolling test, if a subsequent retest within 10 minutes shows a breath alcohol concentrati
o
n of 0.02% or less and review of the digital images associated with each test confirms that the same person performed both tests. This bill revises these provisions by changing the calibration from a blood alcohol concentration to a breath alcohol concen
t
ration.

Reinstatement

Present law authorizes a person who is subject to a restricted driver license or this bill to petition a court with proper jurisdiction for reinstatement of the person's driver license under this provision regardless of the date w
hen the person first became subject to those limitations. If the person is in compliance with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the court may order reinstatement. Up
o
n receipt of the court order, if the person is in compliance with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the department must reinstate the license.

This bill adds as an ad
ditional requirement for the court to reinstate the driver license that the person's only noncompliance with the ignition interlock requirements has been with regard to the required calibration, monitoring, or inspection of the device. This bill requires

the judge to make specific findings in the order with regard to each instance of noncompliance with the ignition interlock requirements, including, but not limited to, noncompliance with required calibration, monitoring, or inspection of the device or mus
t
attach documentation from the department of safety showing that there are no other instances of noncompliance other than required calibration, monitoring, or inspection of the device.

This bill additionally provides that upon receipt of the court order,
if the person is in compliance with all other requirements for reinstatement from the offense that resulted in the ignition interlock being required, including payment of fees under present law, and the person has no other revocations or suspensions on t
h
e person's driving record, then the department must reinstate the license.

ON MARCH 13, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1299, AS AMENDED.

AMENDMENT #1 revises the provision requiring t
he judge
to
make specific findings in the order with regard to each instance of noncompliance with the ignition interlock requirements

or
to
attach documentation from the department of safety showing that there are no other instances of noncompliance other than requi
red calibration, monitoring, or inspection of the device
to, instead require the judge to make such findings
and attach
such
documentation from
either
the department of safety or the ignition interlock manufacturer
.

Current Bill Text

SENATE BILL 1299
By Johnson

HOUSE BILL 1315
By Lamberth

HB1315
000902
- 1 -

AN ACT to amend Tennessee Code Annotated, Section
55-10-417 and Section 55-10-425, relative to
ignition interlock devices.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-10-417(b), is amended by
deleting "blood alcohol concentration" and substituting "breath alcohol concentration".
SECTION 2. Tennessee Code Annotated, Section 55-10-417(d)(3), is amended by
deleting "Require the person" and substituting "Except as provided in § 55-10-425(c)(1)(B),
require the person".
SECTION 3. Tennessee Code Annotated, Section 55-10-425, is amended by adding
the following as a new subsection:
(m)
(1) This subsection (m) applies to persons who are required to have an
ignition interlock device installed on their vehicle pursuant to this part and are
unable to appear at the ignition interlock device provider as required for
calibration, monitoring, or inspection of the device due to the participant being an
active service member of the United States Armed Forces who is deployed
outside the state of Tennessee for more than thirty (30) days due to military
orders or a temporary change of duty station order.
(2) If a person who has been ordered to have an ignition interlock device
on their vehicle pursuant to this part, is an active service member of the United
States Armed Forces and is ordered to be deployed outside their state of
residence for more than thirty (30) days, then the person may request the

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department to temporarily toll the required ignition interlock usage period by
submitting proof of the deployment to the ignition interlock provider. The ignition
interlock provider shall forward the request and documentation to the department
within five (5) business days of receipt. Proof may consist of an official military
order or temporary change of duty station order, which reflects the time period
and change of the person's new duty assignment.
(3)
(A) The department shall review and either approve or deny all
requests to toll the required ignition interlock usage period pursuant to
this subsection (m).
(B) If granted, the toll period must be for the number of days the
person is actively deployed. At the end of the deployment, the person will
have thirty (30) days to have the device calibrated, and the required
ignition interlock usage period will resume. If the deployment period
exceeds ninety (90) days, then the person may elect to have the provider
remove the device from the vehicle to eliminate the cost of the monthly
lease of the device. However, if the device was removed from the vehicle
during the deployment period, then the person will have thirty (30) days
after the end of the deployment period to have the device reinstalled on
the vehicle, and the required ignition interlock usage period will resume
upon reinstallation of the device.
(4) Failure to comply with the requirements of this subsection (m) may
result in the entire ignition interlock usage period starting over.
(5) A tolling period granted pursuant to this subsection (m) does not
relieve a person from the requirement to only operate a vehicle that is equipped

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with an ignition interlock device or waive any other requirements the participant is
subject to pursuant to this part.
(6)
(A) A person aggrieved by the denial of a request to have the
ignition interlock usage period tolled under this subsection (m) may, within
ten (10) business days of the date of the denial, request a review by the
commissioner or the commissioner's designee. The request for review
must include copies of the proof submitted to the department, the denial
letter from the department, and any information showing why the person
believes the denial was incorrect.
(B) Within ten (10) business days of receiving the request for
review the commissioner or the commissioner's designee shall make a
written determination based on information in the department's records
and the information provided by the person requesting the review as to
whether or not the toll period should be granted.
(C) The request for review will stay the continuation of the
required ignition interlock usage period until the commissioner's or the
commissioner's designee's ruling is issued.
(D) A person may appeal the commissioner's or the
commissioner's designee's ruling pursuant to § 4-5-322.
SECTION 4. Tennessee Code Annotated, Section 55-10-425(c)(1)(B), is amended by
deleting the subdivision and substituting:
(B) Failing to appear at the ignition interlock device provider when required for
calibration, monitoring, or inspection of the device; provided, that:

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(i) A person is not in violation of this subdivision (c)(1)(B) if the person
appears for calibration, monitoring, or inspection at any time the provider is open
for operation within seven (7) calendar days before or seven (7) calendar days
after the date of the person's scheduled appointment;
(ii) A person may make an appointment for calibration, monitoring, or
inspection within the seven-calendar-day period before or after their original
appointment, but the calibration, monitoring, or inspection must be completed
within the seven-calendar-day period before or after their original appointment for
subdivision (c)(1)(B)(i) to apply; and
(iii) The next monthly calibration appointment must be no more than thirty
(30) days from the date the person appears for the calibration, monitoring, or
inspection of their device; and
SECTION 5. Tennessee Code Annotated, Section 55-10-425(c)(2), is amended by
deleting "subsection (h)" and substituting "subsections (h) and (m)".
SECTION 6. Tennessee Code Annotated, Section 55-10-425(d)(1)(A), is amended by
deleting the subdivision and substituting:
(A) Tamper with, circumvent, or attempt to start the motor vehicle with a breath
alcohol concentration equal to or greater than the two-hundredths of one percent
(0.02%) breath alcohol concentration calibration setting required by § 55-10-417(b);
provided, however, that a person is not in violation of this subdivision (d)(1)(A) for
attempting to start the motor vehicle if a subsequent retest within ten (10) minutes shows
a breath alcohol concentration of less than two-hundredths of one percent (0.02%) and
review of the digital images associated with each test confirms that the same person
performed both tests;

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SECTION 7. Tennessee Code Annotated, Section 55-10-425(d)(1)(C), is amended by
deleting the subdivision and substituting:
(C) Fail a rolling test required by the ignition interlock device with a breath
alcohol concentration equal to or greater than two-hundredths of one percent (0.02%);
provided, however, that a person is not in violation of this subdivision (d)(1)(C) for failing
a rolling test if a subsequent retest within ten (10) minutes shows a breath alcohol
concentration of less than two-hundredths of one percent (0.02%) and review of the
digital images associated with each test confirms that the same person performed both
tests; or
SECTION 8. Tennessee Code Annotated, Section 55-10-425(d)(1)(D), is amended by
deleting "subsection (h)" and substituting "subsections (h) and (m)".
SECTION 9. Tennessee Code Annotated, Section 55-10-425(h)(2), is amended by
deleting "consecutive three-hundred-sixty-five-day period" and substituting "ignition interlock
usage period".
SECTION 10. Tennessee Code Annotated, Section 55-10-425(h)(7), is amended by
deleting "three-hundred-sixty-five-day period" and substituting "ignition interlock usage period".
SECTION 11. Tennessee Code Annotated, Section 55-10-425(h)(9)(A), is amended by
deleting "three-hundred-sixty-five-day period" and substituting "ignition interlock usage period".
SECTION 12. Tennessee Code Annotated, Section 55-10-425(h)(9)(C), is amended by
deleting the phrase "three-hundred-sixty-five-day period" and substituting "ignition interlock
usage period".
SECTION 13. Tennessee Code Annotated, Section 55-10-425(I), is amended by
deleting the subsection and substituting:
(I)

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(1) A person who is subject to § 55-10-409 or this section may petition a
court with proper jurisdiction for reinstatement of the person's driver license
under this part regardless of the date when the person first became subject to
those limitations. The court may order reinstatement of the person's driver
license if:
(A) The person is in compliance with all other requirements for
reinstatement for the offense that the interlock was required for;
(B) The person has no other revocations or suspensions on the
person's driving record; and
(C) The person's only noncompliance with the ignition interlock
requirements has been with regard to the required calibration, monitoring,
or inspection of the device. The judge must make specific findings in the
order with regard to each instance of noncompliance with the ignition
interlock requirements, including, but not limited to, noncompliance with
required calibration, monitoring, or inspection of the device or must attach
documentation from the department of safety showing that there are no
other instances of noncompliance other than required calibration,
monitoring, or inspection of the device.
(2) Upon receipt of the court order, if the person is in compliance with all
other requirements for reinstatement from the offense that resulted in the ignition
interlock being required, including payment of fees under § 55-50-303(b) and any
other applicable fees, and the person has no other revocations or suspensions
on the person's driving record, then the department shall reinstate the license.

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SECTION 14. Section 4 of this act takes effect on January 1, 2026, the public welfare
requiring it. All other sections of this act take effect upon becoming law, the public welfare
requiring it.