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Back to HB 1204
Tennessee General Assembly· HB 1204Sponsor(s) Added.

Criminal Offenses - As enacted, revises present law concerning driving under the influence. - Amends TCA Title 39 and Title 55. Companion bill has been assigned Public Chapter Number 403 by the Secretary of State, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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                            PUBLIC CHAPTER NO. 403

                                                    SENATE BILL NO. 1400

                                                      By Roberts, Bowling

                                            Substituted for: House Bill No. 1204

                                                         By Kumar, Davis

AN ACT to amend Tennessee Code Annotated, Title 39 and Title 55, relative to driving under the
          influence of an intoxicant.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 55-10-407, is amended by deleting
subdivision (a)(1) and substituting:

                    (1 )(A) Except as provided in subdivision (a)(1 )(8), one (1) year, if the person does not
                    have a prior conviction as defined in subsection (e);

                              (8) One (1) year and six (6) months, if the person:

                                        (i) Does not have a prior conviction as defined in subsection (e);

                                        (ii) Is suspected of having committed a misdemeanor violation of§ 55-
                              10-401; and

                                        (iii) Violated § 55-10-406 by refusing to submit to a law enforcement
                              officer's request for a blood test.

          SECTION 2. Tennessee Code Annotated, Section 55-10-406(d)(4), is amended by deleting
the first sentence of the subdivision and substituting:

                    If the operator is placed under arrest, requested by a law enforcement officer to submit
          to breath tests, blood tests, or both tests, advised of the consequences for refusing to do so,
          and refuses to submit, the operator shall be charged with violating subdivision (d)(1). The
          operator's refusal is a violation of subdivision (d)(1), even if the operator's blood sample is
          obtained pursuant to a search warrant, court order, exigent circumstances, or other lawful
          means.

          SECTION 3. Tennessee Code Annotated, Section 55-10-406(b), is amended by adding the
following as a new subdivision:

                    (3) Oral fluid tests may be administered under the following circumstances:

                               (A) The operator's consent to submit to oral fluid tests;

                              (8) A search warrant;

                               (C) Incident to a lawful arrest for any of the offenses set out in subsection (a);
                    or

                               (D) Without the consent of the operator if exigent circumstances to the search
                    warrant requirement exist.

          SECTION 4. Tennessee Code Annotated, Section 55-10-406, is amended by designating
subsection U) as subdivision 0)(1) and adding the following new subdivision U)(2):
SB 1400
                   (2) The result of an oral fluid test conducted in accordance with this section is

         admissible in evidence at the trial of any person charged with an offense specified in
         subsection (a).
         SECTION 5. Tennessee Code Annotated, Section 39-13-106(c), is amended by deleting
"three (3) years" and substituting "six (6) years", and by deleting "five (5) years" and substituting
"eight (8) years".
         SECTION 6. Sections 2, 3, and 4 of this act take effect upon becoming a law, the public
welfare requiring it. Sections 1 and 5 of this act take effect January 1, 2026, the public welfare
requiring it.

                                                                2
         SENATE BILL NO. 1400

PASSED:  April 16, 2025

                                                   McNALLY
                                                HE SENATE

                         CAMEROtflll!fEXTON,SPEAKER
                         HOUSE OF REPRESENTATIVES

~ ~ APPROVED this                               2025
         day of

         ~u,_
                            BILL LEE, GOVERNOR
Every fact on this page links to its source, starting with the official bill record.