2012 Saw Major Changes to Tennessee DUI Laws

December 01, 2012

In Tennessee, drunk driving is treated as serious crime. DUI offenses have always been punished strictly, but over the last year the state's drunk driving laws have gotten even tougher. During the 2012 session, state legislators passed a number of bills aimed at strengthening the penalties for people suspected of driving under the influence of alcohol.

Changes to implied consent laws

The biggest change concerned the state's implied consent law. Under that law, drivers who are arrested on suspicion of drunk driving can, in some circumstances, refuse to take a breath or blood alcohol test. In exchange, they will temporarily lose their driving privileges, even if they are ultimately found not guilty of DUI.

The new law clarifies that drivers cannot refuse a blood or breath test in cases where the law enforcement officer has secured a valid search warrant. In addition, it allows warrantless breath and blood tests to be conducted -- despite the driver's refusal --in cases where the driver has been involved in an accident causing injury or death and there is probable cause to believe that the driver is under the influence of drugs or alcohol.

Other DUI law changes

Legislators also expanded the state's ignition interlock law. Ignition interlocks are devices -- essentially mini-breathalyzers -- that are installed in a vehicle to prevent it from being operated while the driver is under the influence. The new law allows judges to order interlock use for any person with a restricted license.

In addition, there is a new law strengthening the penalties for repeat DUI offenders who endanger a child in their vehicle by driving while intoxicated. Under the new law, repeat offenders who are convicted of DUI with a child under age 18 in the vehicle will be subject to an enhanced 30-day penalty. Because of confusion in the law, this penalty had previously only been applied to first-time offenders.

Finally, legislators passed a law that clarifies the rules regarding driving under the influence of prescription drugs. Under that law, a driver can be convicted of DUI in cases where the driver was under the influence of a legally-prescribed drug.

Defending Tennessee DUI charges

These new laws strengthen already strict regulations regarding intoxicated driving in Tennessee. Indeed, even a first offense -- without any aggravating factors like an accident or a child in the vehicle -- can have significant and life-altering consequences.

If you have been charged with DUI in Tennessee, it is important that you take the allegations seriously. Talk to an experienced criminal defense attorney who can help you protect your rights and your future.

Article provided by Brent Horst, Attorney at Law & Associates
Visit us at www.brenthorstlaw.com