55-10-412 - Additional penalties Ignition interlock devices. - Tennessee Statutes

55-10-412. Additional penalties Ignition interlock devices.

(a)  In addition to the punishment hereinbefore provided, the court may, in its discretion:

     (1)  Prohibit a person convicted as a first offender from driving or operating a motor vehicle for any period of time up to and including six (6) months;

     (2)  Prohibit a person convicted as a second offender from driving or operating a motor vehicle for any period of time up to and including three (3) years; and

     (3)  Prohibit a person convicted as a third or subsequent offender from driving or operating a motor vehicle for a period of time up to and including ten (10) years.

(b)  Any violation of this judicial prohibition is a Class C misdemeanor.

(c)  Nothing in this section shall be construed to prohibit the issuance of a restricted license in accordance with § 55-10-406.

(d)  In addition to the penalties authorized for violations of this part, a court may, in its discretion, upon finding a person both financially able to afford an interlock device and also guilty of violating the provisions of §§ 55-10-401 55-10-404, order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device, and this restriction may continue for a period of up to one (1) year after the person's license is no longer suspended or restricted under the provisions of § 55-10-403. The court shall establish a specific calibration setting no lower than two-hundredths of one percent (.02 %) nor more than five-hundredths of one percent (.05 %) blood alcohol concentration at which the ignition interlock device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction. For the purpose of this section, “ignition interlock device” means a device that connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibrated setting on the device.

(e)  Upon ordering the use of an ignition interlock device, the court shall:

     (1)  State on the record the requirement for and the period of use of the device, and so notify the department of safety;

     (2)  Direct that the records of the department reflect:

          (A)  That the person may not operate a motor vehicle that is not equipped with an ignition interlock device; and

          (B)  Whether the court has expressly permitted the person to operate a motor vehicle without an ignition interlock device under subdivision (j)(2);

     (3)  Direct the department to attach or imprint a notation on the driver's license of any person restricted under this section stating that the person may operate only a motor vehicle equipped with an ignition interlock device;

     (4)  Require proof of the installation of the device and periodic reporting by the person for verification of the proper operation of the device;

     (5)  Require the person to have the system monitored for proper use and accuracy by an entity approved by the department at least semiannually, or more frequently as the circumstances may require;

     (6)  Require the person to pay the reasonable cost of leasing or buying, monitoring, and maintaining the device, and may establish a payment schedule therefor.

(f)  A person prohibited under this section from operating a motor vehicle that is not equipped with an ignition interlock device may not solicit or have another person attempt to start or start a motor vehicle equipped with such a device. Except as provided in subsection (j), a violation of this subsection (f) is a Class A misdemeanor.

(g)  A person may not attempt to start or start a motor vehicle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited under this section from operating a motor vehicle that is not equipped with an ignition interlock device. Except as provided in subsection (j), a violation of this subsection (g) is a Class A misdemeanor.

(h)  A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition interlock device that has been installed in a motor vehicle. Except as provided in subsection (j), a violation of this subsection (h) is a Class A misdemeanor.

(i)  A person may not knowingly provide a motor vehicle not equipped with a functioning ignition interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with an ignition interlock device. Except as provided in subsection (j), a violation of this subsection (i) is a Class A misdemeanor.

(j)  A person who violates subsections (f)-(i) commits a Class A misdemeanor; provided, that penalty shall not apply if:

     (1)  The starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the court order does not operate the vehicle; or

     (2)  The court finds that a person is required to operate a motor vehicle in the course and scope of the person's employment and if the vehicle is owned by the employer, the person may operate that vehicle during regular working hours for the purposes of employment without installation of an ignition interlock device, if the employer has been notified of the driving privilege restriction and if proof of that notification is with the vehicle. This employment exemption does not apply, however, if the business entity that owns the vehicle is owned or controlled by the person who is prohibited from operating a motor vehicle not equipped with an ignition interlock device.

(k)  (1)  In addition to the circumstances under which a judge may order the use of an ignition interlock device set out in subsection (d), a judge may order that the vehicle owned or operated by a person or a family member of the person to commit a violation of § 55-10-401, be equipped with an ignition interlock device for all or a portion of the time the driver license of the operator of the vehicle is suspended or restricted pursuant to § 55-10-403, if:

          (A)  The operator of the vehicle used to violate § 55-10-401, has at least one (1) prior conviction for driving a motor vehicle when the person's privilege to do so is cancelled, suspended or revoked as provided by § 55-50-504; or

          (B)  The driver license of the operator of the vehicle was cancelled, suspended or revoked at the time of the violation of § 55-10-401.

     (2)  A judge ordering the use of an ignition interlock device pursuant to this subsection (k) shall follow the same procedures set out in subsections (d) and (e), and the provisions of subsections (f)-(j) shall apply to an interlock device ordered pursuant to this subsection (k).

     (3)  This subsection (k) shall not apply if the vehicle used to commit the violation of § 55-10-401, was, at the time of the violation, leased, rented or stolen.

(l)  (1)  If a person convicted of a violation of § 55-10-401, has a prior conviction for a violation of § 55-10-401 within the past five (5) years, the court shall order the person to operate only a motor vehicle or motorcycle, after the license revocation period, which is equipped with a functioning interlock device. The court shall also order the device to be installed on all vehicles owned or leased by the person at the person's own expense for a period of six (6) months.

     (2)  Any person subject to subdivision (l )(1) may, solely in the course of employment, operate a motor vehicle or motorcycle, which is owned or provided by the person's employer, without installation of an ignition interlock device, if:

          (A)  The court expressly permits the operation;

          (B)  The employer has been notified of the driving privilege restriction; and

          (C)  Proof of that notification is within the vehicle.

     (3)  Subdivision (l )(2) shall not apply if the employer is an entity wholly or partially owned or controlled by the person subject to this subsection (l ).

[Acts 1969, ch. 292, § 8; 1973, ch. 400, § 3; T.C.A., § 59-1051; Acts 1989, ch. 435, § 1; 1989, ch. 591, §§ 1, 6, 113; 1994, ch. 851, § 1; 1995, ch. 512, §§ 1, 2; 2000, ch. 752, §§ 1, 2; 2002, ch. 855, § 2; 2009, ch. 321, § 2.]