Proposed change to Tennessee DUI laws
Current Tennessee law does not require installing an ignition interlock device until the second offense or a driver's first-time BAC of 0.15. Lawmakers are seeking to change this law.
April 11, 2013
Proposed change to Tennessee DUI lawsArticle provided by T. Bailey Law Office
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The sponsors of a new bill being proposed in Tennessee hope the measure saves lives and makes the roads safer. Proposed changes to the penalties for being convicted of driving while under the influence reflect how seriously the lawmakers take the safety and well-being of the state's residents.
Change in Tennessee law
The legal drinking limit in Tennessee is currently set at 0.08 percent. Currently, the law dictates that those who have a blood alcohol percentage of 0.15 or higher upon first offense or are pulled over for a second DUI will be required to have interlock ignition devices installed in their vehicles. The proposed change to this law would require that the device instead be installed upon the first DUI conviction regardless of the driver's blood alcohol percentage. Seventeen states currently require the device for any convicted drunk driver.
Interlock ignition devices for all offenders
A person with special training installs the interlock ignition device into the car of a convicted drunk driver. In order to start the car, the driver must blow into a tube that measures the amount of alcohol on the person's breath. If there is any alcohol residue, the ignition locks, and the car will not start. When this happens the driver must tow the car back to the specialist in order to unlock the device and start the car.
Studies have shown that those getting convicted of drunk driving as their first offense are typically not first-time offenders. Rather, these first-timers have driven drunk about 80 times before they are finally caught. When ignition interlock devices are used as a solution, there are major declines in death rates from accidents caused by drunk drivers. States that require the devices after one offense have seen declines between 33 and 46 percent. The Center for Disease Control and Prevention also predicts that repeat drunk driving, as a whole, is cut down by 67 percent when the devices are in place.
The installation of ignition interlock devices has also proven to be cost-effective for the states that have mandated them. The driver carries the burden of paying for the services and maintenance related to the device at an average cost of three dollars a day. Getting the device at a lower cost is possible when Drivers who can demonstrate a need for financial assistance can get the device as a reduced daily cost.
When a driver is charged with DUI in Tennessee
Having a DUI on your record in Tennessee can result in many negative consequences. You may face a criminal charge, which can carry fines, jail time, negative stigma in social settings and now the installation of an interlock ignition device and the costs associated with it. With so much at risk, if you are charged with a DUI, you should ensure that your rights are protected and that the government is also following the law. The state has a duty to protect its citizens, even while making an arrest. The police cannot make a stop in traffic without probable cause. They also must follow correct procedures to search and seize, and there is also a proper procedure before giving a field sobriety test.
Protecting your rights is essential. Don't face a DUI charge alone. Calling upon the assistance of an experienced criminal law attorney will ensure that that your rights and integrity are upheld.