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55- 10-403. PENALTY FOR VIOLATIONS OF SECTIONS 55-10-401 — 55-10-404, DRIVING UNDER THE INFLUENCE
(a) (1) (A) Any person violating the provisions of § 55-10-401 shall, upon conviction thereof, for the first offense, be fined not less than three hundred fi?y dollars ($350) nor more than one thousand five hundred dollars ($1,500); the court shall prohibit such convicted person from driving a vehicle in the state of Tennessee for a period of one (1) year; and such person shall be further punished as provided in subsection (s). In addition to the other penalties set out for a first offense violation, if at the time of such offense the alcohol concentration in such person's blood or breath is twenty hundredths of one percent (20%) or more, the minimum period of confinement for such person shall be Seven (7) consecutive calendar days rather than forty-eight (48) hours. (iii) In addition to the other penalties set out for a person convicted of a first offense violation of § 55-10-401, if the person applies for and the court orders the issuance of a restricted motor vehicle operator’s license pursuant to subsection (d), the court shall also order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device, if at the time of the offense, the defendant: (a) Has a blood or breath alcohol concentration of fifteen hundredths of one percent (15%) or higher; (b) Is accompanied by a person under eighteen (18) years of age; (c) Is involved in a traffic accident for which notice to law enforcement is required under § 55- | ti-101, and the accident is the proximate result of the person’s intoxication; or (d) ls in violation of the implied consent law under § 55-10-406, and has a conviction or juvenile delinquency adjudication for a violation that occurred within five (5) years of the instant implied consent violation, for: (1) Implied consent under § 55-10-406; (2) Underage driving while impaired under § 55-10515; (3) The open container law under § 55-10-41§; or (4) Reckless driving under § 55-10-205, if the charged offense was § 55-10-401. The provisions of this section constitute an enhanced sentence, not a new offense. For conviction on the second offense, there shall be imposed a fine of not less than six hundred dollars ($600) nor more than three thousand five htmdred dollars ($3,500), and the person or persons shall be confined in the county jail or workhouse for not less than forty-five (45) days nor more than eleven (11) months and twenty-nine (29) days, and the court shall prohibit such convicted person or persons from driving a vehicle in the state of Tennessee for a period of time of two (2) years. Upon the conviction of a person on the second offense only, a judge may sentence such person to participate in a court approved alcohol or drug treatment program. For the third conviction, there shall be imposed a fine of not less than one thousand one hundred dollars ($1,100) nor more than ten thousand dollars ($10,000), and the person or persons shall be confined in the county jail or workhouse for not less than one hundred twenty (120) days nor more than eleven (11) months and twenty-nine (29) days, and the court shall prohibit such convicted person or persons from driving a vehicle in the state of Tennessee for a period of time of not less than three (3) years nor more than ten (10) years. Notwithstanding any other provision of law to the contrary, the fourth or subsequent conviction shall be a Class E felony punishable by a fine of not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000); by confinement for not less than one hundred fifty (150) consecutive days, to be served day for day, nor more than the maximum punishment authorized for the appropriate range of a Class E felony; and the court shall prohibit the person from driving a motor vehicle for a period of five (5) years. For the provisions of the preceding sentence to apply, at least one (1) of the violations of § 55-10-401 must occur on or after July 1, 1998. After service of at least the minimum sentence day for day, the judge has the discretion to require an individual convicted of a violation of the provisions of §§55-10-401 - 55-10-404 to remove litter from the state highway system, public playgrounds, public parks or other appropriate locations for any prescribed period or to work i.n a recycling center or other appropriate location for any prescribed period of time in lieu of or in addition to any of the penalties otherwise provided in this section; provided, that any person sentenced to remove litter from the state highway system, public playgrounds, public parks or other appropriate locations or to work in a recycling center shall be allowed to do so at a time other than such person's regular hours of employment. (4) (A) If an offender's sentence is enhanced pursuant to subdivision (a)(l)(A)(iii), the court shall order that if the offender applies for and the court orders the issuance of a restricted motor vehicle operator’s license pursuant to subsection (d), the court shall also order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device. The restriction set out in this subdivision (c) (4) shall be a condition of such offender’s probation. (s)(l) In addition to the punishment provided in subsection (a), a person convicted of violating the provisions of § 55-10-401 for the first time shall be punished as follows: the court shall sentence the person to confinement in the county jail or workhouse for not less than forty-eight (48) hours nor more than eleven (11) months and twenty-nine (29) days, and, as a condition of probation, to remove litter during daylight hours from public roadways or publicly-owned property, as provided in subdivisions (s)(2)-(9) for a period of twenty-four (24) hours. The period of litter removal shall be served in three (3) shifts of eight (3) consecutive hours each; and (2) If the offender is a resident of Tennessee, the litter removal portion of the sentence shall occur in the offender's county of residence through the appropriate probation office or state litter removal grant director. If the offender is not a resident of Tennessee, the litter removal portion of the sentence shall occur in the county where the violation occurred. (3) ln order to reimburse the probation office or county official who administers the state litter removal grant for costs related to the supervision of the offender while on a litter removal work crew, the offender shall pay to the probation office or county official who administers the state liner removal grant a fee equivalent to the jailer's fee for misdemeaners established pursuant to § 8-26-l05(a) for each day the offender participates in a litter removal program. The fee must be received by the probation office before the office certifies that the offender has completed this condition of probation. (4) Upon request, the probation office or county official who administers the state litter removal grant shall provide the offender with a schedule of the times and dates when litter removal crews will be working. Crews shall only be scheduled to work during daylight hours and only on public roadways or publicly-owned property. The probation office or county official who administers the state litter removal grant should attempt to provide enough opportunities to work on a litter removal crew that an offender may complete the required three (3) days of litter removal within a ninety-day period. Offenders may work with other prisoners on litter removal crews organized by the county or a municipality within the county. The offender shall notify the probation office not less than twenty-four {24} hours in advance of a scheduled work date to indicate that the offender desires to participate. The probation office or county official, who administers the state litter removal grant, may set a maximum number of participants on a work crew and allow participation on a first-come, first-serve basis. The offender is responsible for arranging transportation to and from the work site or other location where the probation office directs offenders to report. Except for the vest required by subdivision {s)(5), offenders are also responsible for furnishing their own clothing and food while engaged in litter removal. (5) Each offender ordered to remove litter pursuant to this subsection(s) shall be required to wear a blaze orange or other distinctively colored vest with the words "I AM A DRUNK DRIVER" stenciled or otherwise written on the back of the vest, in letters no less than four inches (4") in height. (6) It shall be within the discretion of the probation office or county official who administers the state litter removal grant to select the public roadways or publicly-owned property from which offenders remove litter. if the highway selected is a state route highway or state-owned public property, the Department of Transportation shall provide a truck or trucks to remove the litter removed by the offenders. If the highway selected is a state-aid highway or county-owned public property, the appropriate county shall provide a truck or trucks to remove the litter removed by the offenders. (7) The probation office or county official who administers the state litter removal grant may enter into agreements with any city or municipality located within the county in which offenders sentenced pursuant to this section may be used to remove litter from state route highways or state-aid highways located within the limits of the city or municipality. The agreement may provide that the city or municipality assume responsibility for the supervision and control of the offenders. (8) If any entity receives funds under § 41-2-l23[c), the offenders shall be the responsibility of the entity supervising that program and under that entity's supervision and control. in any county where that is the case, the term "probation office" as used in this subsection (s) shall be interpreted instead to mean the individual or department head in charge of the alternative program. (9) No probation office or county official who administers the state litter removal grant shall be permitted to use an offender sentenced pursuant to this subsection (s) to perform any task other than litter removal. (10) Nothing in this subsection shall be construed to require that the state board of probation and parole supervise DUI offenders engaged in the DUI offender litter removal program established by this subsection or otherwise be involved in such program.
{Revised 0l/l8/11}
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