In Tennessee, installation of an ignition interlock device is mandatory in the following circumstances:
1. A current DUI conviction
When applying for a restricted license, following revocation for DUI conviction if, at the time of the offense, one of the following is applicable:
- Blood or breath alcohol concentration is .15 percent or greater
- Accompanied by a person under 18 years of age;
- Involved in a traffic accident requiring notification and the accident was the proximate result of intoxication; or
- the accused was in violation of the Implied Consent law; and
- Have a conviction or juvenile delinquency adjudication for one of the following within the past 5 years: Implied Consent violation, underage DWI, open container, or reckless driving if the charged offense was DUI
The length of the requirement of the ignition interlock device is during the period of the driver's license suspension.
2. Prior DUI Conviction
Qualifier: Prior DUI conviction within the past 10 years.
The length of the ignition interlock device installation is six (6) months to begin after the expiration of the revocation period.
3. DUI-2nd Offense Conviction
Qualifier: When applying for a restricted license for the second year of a year 2 year suspension of driving privileges. The length of the ignition interlock device is during the period of the restricted license. Please note, that an additional six months of the ignition interlock device will be required after the expiration of the revocation if the prior DUI occurred within the past 5 years.
Discretionary Ignition Interlock Device Orders
A. Any DUI conviction
Qualifier: Even if the ignition interlock device is not mandated by statute the Court has the discretion to order an ignition interlock device. The length of the installation of the ignition interlock device is subject to the Court's discretion for any period of time up to 1 year after the expiration of the revocation order.
B. Defendant's Request
A defendant may request at his or her own expense of an ignition interlock in lieu of a regular restricted driver's license order. The length of time that the ignition interlock device is required is during the time of the restrict license.
For more information call May & McKinney, PLLC at (615) 265-6383 or complete the contact form on this website.