DUI Offenses

Plain English Breakdown

Checked against official source text during the last sync.

Driving Under Influence (DUI) Offenses

This bill allows people convicted of DUI to use a transdermal monitoring device instead of an ignition interlock device if they are eligible for a restricted license.

What This Bill Does

• Allows someone who is guilty of driving under the influence and has a restricted license to ask the court for permission to use a transdermal monitoring device.
• Requires the person using the transdermal monitoring device to pay all costs related to it.
• Says that people using this type of device are not allowed to get help from a special fund meant for electronic monitoring.

Who It Names or Affects

• People who have been convicted of driving under the influence and are eligible for a restricted license.

Terms To Know

Transdermal Monitoring Device

A device that measures alcohol levels through the skin, used as an alternative to ignition interlock devices.

Ignition Interlock Device

A device installed in a car that prevents it from starting if the driver has been drinking.

Limits and Unknowns

• The bill does not specify how long someone can use a transdermal monitoring device.
• It is unclear what happens if someone cannot afford to pay for the transdermal monitoring device.

Official Summary Text

Abstract summarizes the bill.

Current Bill Text

HOUSE BILL 1963
By Farmer

SENATE BILL 2638
By Roberts
SB2638
011108
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39;
Title 40 and Title 55, Chapter 10, relative to driving
under the influence of an intoxicant.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-10-409, is amended by adding
the following as a new subsection:
(f) Notwithstanding another law to the contrary, if a person convicted of a
violation of § 55-10-401 is eligible for a restricted license under subsection (a) and the
court determines pursuant to this section that it is appropriate to order the person to
operate only a motor vehicle equipped with an ignition interlock device, then the person
may request, and the court may order, the installation and use of a transdermal
monitoring device in lieu of ordering the person to only operate a motor vehicle with an
ignition interlock device. The person shall pay all costs associated with the transdermal
monitoring device and is not eligible for assistance from the electronic monitoring
indigency fund under § 55-10-419.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.