DUI Offenses

Plain English Breakdown

The official source does not provide specific details on the impact of longer suspensions or the number of people affected.

Driving Under the Influence License Suspension

This bill changes Tennessee's driving under the influence laws to require a one-year and six-month driver license suspension for people who refuse a test when suspected of DUI without any prior DUI conviction.

What This Bill Does

• Changes the law so that if someone refuses a breath or blood test while being pulled over for suspicion of drunk driving, their driver's license will be suspended for one year and six months if they have no previous DUI convictions.

Who It Names or Affects

• People who refuse a breath or blood test when suspected of drunk driving and have no prior DUI convictions will face longer license suspensions.
• The Tennessee Department of Safety may need to update its software system, potentially incurring costs if the current contract does not cover it.

Terms To Know

Implied Consent

A legal principle that drivers are considered to have agreed to take a breath or blood test when suspected of drunk driving.

DUI Conviction

When someone is found guilty by a court for driving under the influence of alcohol or drugs.

Limits and Unknowns

• The bill does not specify what happens if the vendor's current contract cannot cover the software updates.
• It is unclear how many people will be affected by this change in license suspension rules.
• There are no details on how the longer suspensions might impact individuals or public safety.

Official Summary Text

Present law authorizes a law enforcement officer to request that the
operator of a motor vehicle submit to a test for the purpose of determining the alcohol or drug content of that operator's blood if there is probable cause to believe the operator is (i) driving while under the influence of any intoxicant, controlled subs
tance, controlled substance analogue, drug, or substance affecting the central nervous system; (ii) committing the offense of vehicular assault or aggravated vehicular assault; or (iii) committing the offense of vehicular homicide or aggravated vehicular
h
omicide. Refusal to submit to testing results in the suspension of the operator's driver license. If a person does not have a prior conviction for driving under the influence, such a suspension is for one year. The operator's driver license must be susp
ended for one year and six months if the person does not have a previous conviction for driving under the influence, but is suspected of having committed a misdemeanor violation for driving under the influence and at the time of the stop in which they ref
us
ed to submit to testing.

This bill provides that a refusal to submit to testing must result in the operator's driver license being suspended for one year and six months, if the operator does not have a prior conviction for driving under the influence, regardless of whether the o
perator is suspected of having committed a misdemeanor violation for driving under the influence.

Current Bill Text

HOUSE BILL 2574
By Kumar

SENATE BILL 2640
By Roberts
SB2640
011388
- 1 -

AN ACT to amend Tennessee Code Annotated, Section
55-10-407, 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 55-10-407, is amended by deleting
subdivision (a)(1) and substituting:
(1) One (1) year and six (6) months, if the person does not have a prior
conviction as defined in subsection (e);
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.