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Back to HB 1315
Tennessee General Assembly· HB 1315Comp. SB subst.

DUI Offenses - As enacted, requires an ignition interlock provider to permit a person to appear for calibration, monitoring, or inspection of the device at any time within a two-week period; authorizes a court to order r, the official text

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        Slate ef J ennessee

                            PUBLIC CHAPTER NO. 184

                                                    SENATE BILL NO. 1299

                         By Johnson, Stevens, Bailey, Bowling, Jackson, Pody, Rose

                                            Substituted for: House Bill No. 1315

                              By Lamberth, Cochran, Sherrell, Hardaway, Davis, White

AN ACT to amend Tennessee Code Annotated, Section 55-10-417 and Section 55-10-425, relative
         to ignition interlock devices.

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

          SECTION 1. Tennessee Code Annotated, Section 55-10-417(b), is amended by deleting
"blood alcohol coricentration" and substituting "breath alcohol concentration".

          SECTION 2. Tennessee Code Annotated, Section 55-10-417(d)(3), is amended by deleting
"Require the person" and substituting "Except as provided in § 55-10-425(c)(1)(8), require the
person".

          SECTION 3. Tennessee Code Annotated, Section 55-10-425, is amended by adding the
following as a new subsection:

                    (m)(1) This subsection (m) applies to persons who are required to have an ignition
                    interlock device installed on their vehicle pursuant to this part and are unable to
                    appear at the ignition interlock device provider as required for calibration, monitoring,
                    or inspection of the device due to the participant being an active service member of
                    the United States Armed Forces who is deployed outside the state of Tennessee for
                    more than thirty (30) days due to military orders or a temporary change of duty station
                    order.

                              (2) If a person who has been ordered to have an ignition interlock device on
                    their vehicle pursuant to this part, is an active service member of the United States
                    Armed Forces and is ordered to be deployed outside their state of residence for more
                    than thirty (30) days, then the person may request the department to temporarily toll
                    the required ignition interlock usage period by submitting proof of the deployment to
                    the ignition interlock provider. The ignition interlock provider shall forward the request
                    and documentation to the department within five (5) business days of receipt. Proof
                    may consist of an official military order or temporary change of duty station order,
                    which reflects the time period and change of the person's new duty assignment.

                               (3)(A) The department shall review and either approve or deny all requests to
                              toll the required ignition interlock usage period pursuant to this subsection (m).

                                         (B) If granted, the toll period must be for the number of days the
                               person is actively deployed. At the end of the deployment, the person will
                               have thirty (30) days to have the device calibrated, and the required ignition
                               interlock usage period will resume. If the deployment period exceeds ninety
                               (90) days, then the person may elect to have the provider remove the device
                               from the vehicle to eliminate the cost of the monthly lease of the device.
                               However, if the device was removed from the vehicle during the deployment
                               period, then the person will have thirty (30) days after the end of the
                               deployment period to have the device reinstalled on the vehicle, and the
                               required ignition interlock usage period will resume upon reinstallation of the
                               device.
SB 1299

                             (4) Failure to comply with the requirements of this subsection (m) may result in
                   the entire ignition interlock usage period starting over.

                             (5) A tolling period granted pursuant to this subsection (m) does not relieve a
                   person from the requirement to only operate a vehicle that is equipped with an
                   ignition interlock device or waive any other requirements the participant is subject to
                   pursuant to this part.

                             (6)(A) A person aggrieved by the denial of a request to have the ignition
                             interlock usage period tolled under this subsection (m) may, within ten (10)
                             business days of the date of the denial, request a review by the commissioner
                             or the commissioner's designee. The request for review must include copies
                             of the proof submitted to the department, the denial letter from the
                             department, and any information showing why the person believes the denial
                             was incorrect.

                                       (B) Within ten (10) business days of receiving the request for review
                             the commissioner or the commissioner's designee shall make a written
                             determination based on information in the department's records and the
                             information provided by the person requesting the review as to whether or not
                             the toll period should be granted.

                                       (C) The request for review will stay the continuation of the required
                             ignition interlock usage period until the commissioner's or the commissioner's
                             designee's ruling is issued.

                                       (D) A person may appeal the commissioner's or the commissioner's
                             designee's ruling pursuant to § 4-5-322.

          SECTION 4. Tennessee Code Annotated, Section 55-10-425(c)(1)(B), is amended by
deleting the subdivision and substituting:

                   (B) Failing to appear at the ignition interlock device provider when required for
          calibration, monitoring, or inspection of the device; provided, that:

                             (i) A person is not in violation of this subdivision (c)(1 )(8) if the person appears
                   for calibration, monitoring, or inspection at any time the provider is open for operation
                   within seven (7) calendar days before or seven (7) calendar days after the date of the
                   person's scheduled appointment;

                             (ii) A person may make an appointment for calibration, monitoring, or
                    inspection within the seven-calendar-day period before or after their original
                   appointment, but the calibration, monitoring, or inspection must be completed within
                   the seven-calendar-day period before or after their original appointment for
                    subdivision (c)(1 )(B)(i) to apply; and

                             (iii) The next monthly calibration appointment must be no more than thirty (30)
                    days from the date the person appears for the calibration, monitoring, or inspection of
                   their device; and

          SECTION 5. Tennessee Code Annotated, Section 55-10-425(c)(2), is amended by deleting
"subsection (h)" and substituting "subsections (h) and (m)".

          SECTION 6. Tennessee Code Annotated, Section 55-10-425(d)(1)(A), is amended by
deleting the subdivision and substituting:

                    (A) Tamper with, circumvent, or attempt to start the motor vehicle with a breath
          alcohol concentration equal to or greater than the two-hundredths of one percent (0.02%)
          breath alcohol concentration calibration setting required by § 55-10-417(b); provided,
          however, that a person is not in violation of this subdivision (d)(1 )(A) for attempting to start
          the motor vehicle if a subsequent retest within ten (10) minutes shows a breath alcohol
          concentration of less than two-hundredths of one percent (0.02%) and review of the digital
          images associated with each test confirms that the same person performed both tests;

          SECTION 7. Tennessee Code Annotated, Section 55-10-425(d)(1)(C), is amended by
deleting the subdivision and substituting:

                    (C) Fail a rolling test required by the ignition interlock device with a breath alcohol
          concentration equal to or greater than two-hundredths of one percent (0.02%); provided,
          however, that a person is not in violation of this subdivision (d)(1 )(C) for failing a rolling test if

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SB 1299

         a subsequent retest within ten (10) minutes shows a breath alcohol concentration of less
         than two-hundredths of one percent (0.02%) and review of the digital images associated with
         each test confirms that the same person performed both tests; or
         SECTION 8. Tennessee Code Annotated, Section 55-10-425(d)(1 )(D), is amended by
deleting "subsection (h)" and substituting "subsections (h) and (m)".
         SECTION 9. Tennessee Code Annotated, Section 55-10-425(h)(2), is amended by deleting
"consecutive three-hundred-sixty-five-day period" and substituting "ignition interlock usage period".
         SECTION 10. Tennessee Code Annotated, Section 55-10-425(h)(7), is amended by deleting
"three-hundred-sixty-five-day period" and substituting "ignition interlock usage period".
         SECTION 11. Tennessee Code Annotated, Section 55-10-425(h)(9)(A), is amended by
deleting "three-hundred-sixty-five-day period" and substituting "ignition interlock usage period".
         SECTION 12. Tennessee Code Annotated, Section 55-10-425(h)(9)(C), is amended by
deleting the phrase "three-hundred-sixty-five-day period" and substituting "ignition interlock usage
period".
          SECTION 13. Tennessee Code Annotated, Section 55-10-425(1), is amended by deleting the
subsection and substituting:

                   (1)(1) A person who is subject to § 55-10-409 or this section may petition a court with
                   proper jurisdiction for reinstatement of the person's driver license under this part
                   regardless of the date when the person first became subject to those limitations. The
                   court may order reinstatement of the person's driver license if:

                                       (A) The person is in compliance with all other requirements for
                             reinstatement for the offense that the interlock was required for;

                                       (B) The person has no other revocations or suspensions on the
                             person's driving record; and

                                       (C) The person's only noncompliance with the ignition interlock
                             requirements has been with regard to the required calibration, monitoring, or
                             inspection of the device. The judge must make specific findings in the order
                             with regard to each instance of noncompliance with the ignition interlock
                             requirements, including, but not limited to, noncompliance with required
                             calibration, monitoring, or inspection of the device and must attach
                             documentation from the department of safety or the ignition interlock
                             manufacturer showing that there are no other instances of noncompliance
                             other than required calibration, monitoring, or inspection of the device.
                             (2) Upon receipt of the court order, if the person is in compliance with all other
                   -requirements for reinstatement from the offense that resulted in the ignition interlock
                    being required, including payment of fees under § 55-50-303(b) and any other
                    applicable fees, and the person has no other revocations or suspensions on the
                    person's driving record, then the department shall reinstate the license.
          SECTION 14. Section 4 of this act takes effect on January 1, 2026, the public welfare
requiring it. All other sections of this act take effect upon becoming law, the public welfare requiring
it.

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         SENATE BILL NO. 1299

PASSED:  March 28, 2025

                                            RANDYMcN
                              SPEAKER OF THE SE

                                • ~...-c.

                         CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

Apr; APPROVED this / Itl day of  f  2025

            lt.c,

         BILL LEE, GOVERNOR
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