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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
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