A key part of preparing your defense is understanding the current laws impacting your case, particularly as states continually update laws and legal definitions to accommodate the changing times and new information. Tennessee has recently enacted bills that significantly change DUI laws, which are essential knowledge for legal professionals and individuals seeking legal counsel.
Understanding these modifications is important for developing quality defense strategies and advising clients accurately. This blog aims to provide a comprehensive overview of these new regulations and their potential impact on DUI cases in Tennessee.
New Law Concerning Ignition Breathalyzers
As of January 2024, Tennessee law requires ignition interlock devices to have GPS capabilities so the location of the person blowing into the device will also be recorded. While people raised privacy concerns, the device simply documents where the driver was when the device cut on, and the law does not impose restrictions on a person’s travel.
New Law Lowering Aggravating DUI Factor
DUI charges can be significantly enhanced in cases of aggravated DUIs. Factors such as a high blood alcohol content (BAC), causing injury or death, or having prior DUI convictions can elevate the charges and penalties imposed. In effect as of July 1, 2024, House Bill 0587 lowers the threshold for aggravated DUI from a blood alcohol concentration (BAC) of 0.20% to 0.15%.
New Law Concerning Alternative Incarceration Facilities
Tennessee House Bill 2429 introduced a significant change to the state's DUI sentencing guidelines, effective July 2024. Prior to this legislation, sheriffs or local jail administrators held sole authority over incarceration locations for DUI offenders.
However, HB 2429 expanded this power to include judges, granting them discretion to authorize alternative incarceration facilities for first-time DUI offenders. This shift aims to provide more flexibility in sentencing and potentially offer access to rehabilitation programs or treatment options beyond traditional jail settings. It is important to note that those sent to alternative incarceration facilities would still be confined to the facility but can have greater access to counseling and DUI classes.
Search Warrants for Medical Records or BAC Tests
An amendment in Tennessee House Bill 2386 introduced a significant change to the state’s search warrant laws. Prior to the amendment, law enforcement officers were restricted to executing search warrants within the county where the warrant was issued. However, HB 2386 expanded this authority, allowing officers to execute search warrants for medical records or blood alcohol content (BAC) tests anywhere within the state of Tennessee.
This legislative change has far-reaching implications for individuals facing criminal DUI charges. Previously, the geographic limitation on search warrants provided a degree of protection for defendants.
In expanding the scope of where search warrants can be executed, law enforcement has been granted greater flexibility in obtaining evidence related to DUI cases. This could potentially lead to an increase in the volume of evidence gathered, potentially strengthening the prosecution's case against DUI defendants.
The Tennessee Prevention of Drunk Driving Act
This comprehensive legislation aims to reduce the prevalence of drunk driving incidents within the state through a multifaceted approach. One key provision of the act involves the establishment of an advisory task force.
No later than September 1, 2024, the speaker of the Senate and the speaker of the House of Representatives are mandated to create this task force dedicated to a thorough review of impaired driving and boating in Tennessee. The task force will play a pivotal role in identifying effective strategies to combat dangerous behaviors and patterns concerning DUI offenses and recommending necessary legislative or administrative changes.
While the specific details of the task force's composition and responsibilities are yet to be determined, its creation signifies a commitment to a data-driven and collaborative approach to addressing impaired driving. By bringing together experts from various fields, the task force is expected to develop recommendations that will enhance public safety and reduce the devastating consequences of drunk driving.
While the Act is primarily focused on prevention and education, it also has implications for those accused of drunk driving. The Act's emphasis on investigating the role of alcohol-serving establishments in fatal DUI crashes may lead to increased law enforcement scrutiny of these establishments. This could potentially result in more arrests and stricter enforcement of DUI laws overall.
The recommendations of the Impaired Driving Advisory Council may also lead to new legislation that impacts DUI defendants. For example, the council might propose stricter penalties, increased license revocation periods, or mandatory treatment programs.
Effective DUI Counsel
Eldridge and Cravens, PC can help you defend against DUI/DWI charges. We offer personalized care and counsel and can explain how recent legislation can affect your case.
Call (865) 544-2010 to request a case consultation.