§ 55-10-423. Confidentiality of Information About Interlock Program Participant
All documents, records, identifying information, monitoring data or results and other information recorded, collected, maintained, transmitted or stored by an ignition interlock provider about or concerning an interlock program participant is confidential and not available for public inspection. All such information shall retain its confidentiality when it is transmitted, electronically or otherwise, maintained and stored, […]
§ 55-10-403. Fines for Violations of § 55-10-401 — Restitution
A person convicted for a violation of § 55-10-401, shall be fined as follows: For a first offense, the person shall be fined not less than three hundred fifty dollars ($350) nor more than one thousand five hundred dollars ($1,500); For a second offense, the person shall be fined not less than six hundred dollars […]
§ 55-10-404. Driving Prohibitions — Restricted Licenses — Revocation and Suspension — Commercial Licenses and Vehicles
The court shall prohibit any person convicted of a violation of § 55-10-401 from driving a vehicle in this state for a period of: One (1) year, if the conviction is a first offense; Two (2) years for a second offense; Six (6) years for a third offense; and, Eight (8) years for a fourth […]
§ 55-10-405. Prior Convictions — Driving Record as Evidence
Except as provided in subsection (c), for the sole purpose of enhancing the punishment for a violation a person who is convicted of a violation of § 55-10-401 shall not be considered a repeat or multiple offender and subject to the penalties prescribed in this part if ten (10) or more years have elapsed between […]
§ 55-10-406. Breath and Blood Tests to Determine Alcohol or Drug Content of a Motor Vehicle Operator’s Blood
A law enforcement officer who has probable cause to believe that the operator of a motor vehicle is driving while under the influence of any intoxicant, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof as prohibited by § 55-10-401, or committing the offense of vehicular assault under § […]
§ 55-10-407. Penalty for Violations of § 55-10-406
If the court finds that the driver violated § 55-10-406, the driver is not considered as having committed a criminal offense; provided, however, that the court shall revoke the license of the driver for a period of: One (1) year, if the person does not have a prior conviction as defined in subsection (e); Two […]
§ 55-10-408. Tests for Alcohol or Drug Content of Blood — Procurement and Processing of Samples — Results — Additional Testing
The procurement of a sample of a person’s blood for the purpose of conducting a test to determine the alcohol content, drug content, or both, of the blood shall be considered valid if the sample was collected by a person qualified to do so, as listed in § 55-10-406(e)(2), or a person acting at the […]
§ 55-10-409. Restricted Driver License — Ignition Interlock Device — Geographic Restrictions
Notwithstanding any of this part to the contrary, a person whose license has been suspended by the court pursuant to § 55-10-404 is not eligible for, and the court shall not have the authority to grant or order, the issuance of a restricted driver license if, based on the record of the department, the person: […]
§ 55-10-410. Probation Conditions — Access to Inmates by Alcohol and Drug Treatment Organizations
In addition to incarceration, fines and license ramifications the sentencing judge has the discretion to impose any conditions of probation which are reasonably related to the offense, but shall impose the following conditions: Participation in an alcohol and drug safety DUI school, and/or drug offender school program, if available; and A drug and alcohol assessment […]
§ 55-10-411. Presumption of Impairment — Notice of Penalties for Additional Offenses — Allegation of Prior Convictions — Mandatory Service of Minimum Sentence — No Defense That Person Is Lawful User of Substance — Strip Searches — Jurisdiction of General Sessions Court — Part Definitions
For the purpose of proving a violation of § 55-10-401(a)(1), evidence that there was, at the time alleged, eight-hundredths of one percent (0.08%) or more by weight of alcohol in the defendant’s blood shall create a presumption that the defendant’s ability to drive was sufficiently impaired thereby to constitute a violation of § 55-10-401(1). Any […]