Tennessee Tennessee’s all -offender interlock law went into effect on July 1, 2013. First-time offenders who refuse a BAC test can choose to go an interlock instead of a route or time restricted license. From 2006 to 2020 in Tennessee, interlocks stopped 79,530 attempts to drive drunk with a BAC of .08 or greater, including 10,989 attempts to drive drunk in 2020.
Grade: D+ (69/100) Drunk drivers can avoid an interlock by waiting out the license suspension. Tennessee could improve implementation of their all-offender interlock law by closing this loophole.
Why does MADD call the law all-offender? Judges must order interlocks for first-time offenders with a BAC of .08 or greater as condition of any driving privileges during a license suspension.
Process to obtain an ignition interlock 1. File for an SR-22 form, which proves financial responsibility to TDOSHS and the state courts. 2. Schedule an appointment to have an interlock device installed. 3. Apply for a Restricted Driver’s License in the County of Conviction or in the county where you reside. 4. Visit the local Department of Motor Vehicles office to obtain a Restricted License. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense As soon as bond is granted or participation into the 24/7 program Unclear Second offense Unclear
Require interlocks for all first-time drunk drivers. Eliminate waiting time for repeat offenders to install an interlock. Allow for the use of interlocks for any refusal
Interlocks not available for first-time refusals
First refusal
Yes
Can a drunk driver wait out an interlock order?
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Legislative Recommendation
No
Compliance based removal?
Add a compliance based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program).
Legislative Recommendation
Day-for-Day credit for early installation? Yes Interlocks required for plea agreements or diversion?
No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes The state manages a DUI Monitoring Fund for those with a DUI conviction who need an interlock who are objectively unable to afford the device. The fund provides reimbursement for interlock program costs such as installation, removal or service appointments. Sources: 55-10-404, §55-10-409, §55-10-412, §55-10-403(a)(1)(A)(iii), Tennessee Department of Safety and Homeland Security.
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