NASHVILLE — Several major new laws addressing drunk driving are among legislation that became effective on July 1 as Tennessee started a new fiscal year. The laws focus on strengthening penalties for the worst offenders, ensuring a criminal history background check is conducted to detect prior DUI arrests, and requiring judges to order ignition interlock devices for drunk drivers unless a reason can be shown otherwise.
The law strengthening penalties for the worst offenders, sponsored by Senate Finance Committee Chairman Randy McNally (R-Oak Ridge), elevates a DUI offense for those convicted six or more times from a Class E felony to a Class C felony.
The move more than doubles the amount of time served. It also requires prior convictions for alcohol-related offense (including those committed out of state) to be counted as prior convictions, regardless of when they were committed.
Legislation sponsored by Senate Majority Leader Mark Norris (R-Collier-ville) also addresses repeat offenders. Upon arrest for a DUI, vehicular assault, vehicular homicide or aggravated vehicular homicide, a suspect’s fingerprints must be taken and submitted to the Tennessee Bureau of Investigation (TBI) within five days. If the offender is convicted of the offense, the fingerprints must be submitted to the National Crime Information Center (NCIC) within seven days.
The measure stems from a tragic crash in Mississippi involving the deaths of two Shelby County students by a driver who had five convictions of first-offense DUI and was out on bond for his sixth DUI.
Records reveal three counties and one municipality in Mississippi failed to inform the Mississippi Department of Public Safety about the convictions so they could be logged into the NCIC database, which is accessible by law enforcement officers in their squad cars to check the criminal backgrounds of arrestees.
A separate measure sponsored by Norris that also became effective on Friday requires a criminal history background search upon arrest to determine prior arrests for DUI vehicular assault, vehicular homicide and aggravated vehicular homicide.
The law requiring ignition interlocks that went into effect July 1 provides that a device must be ordered for all convicted DUI offenders unless the judge provides a finding of fact for not ordering it. Although Tennessee has mandated the use of interlock devices, there has only been a 15-20 percent compliance rate because judges were required to provide a reason why the device should be installed.
“Studies have shown that states that have enacted this type of legislation have been very successful and reduced DUI fatalities by up to 50 percent,” said Senator John Stevens (R-Huntingdon), sponsor of the bill. “If we see similar results in Tennessee, it would mean saving over 100 lives per year. This should help Tennessee substantially in our efforts to get drunk drivers off our streets.”
