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Public Chapter
855
Alcoholic Offenses
- Decreases from .10 percent to .08 percent blood alcohol
content required to commit offense of DUI; repeals offense
of adult DWI, but permits use of prior convictions for certain
purposes; requires drug and alcohol assessment and treatment
and use of ignition interlock device for certain offenders;
creates pilot program in Shelby County.- Amends TCA Title
40, Chapter 33, Part 2 and Title 55, Chapter 10, Part 4.
After several years
of deliberation and refinement, in 2002, the general assembly
enacted Public Chapter 855, which complies with the federal
mandate that each state lower to .08 percent the amount of
alcohol in a person's blood necessary to constitute the offense
of DUI. This same public chapter also enacted other alcohol
safety provisions required by the federal government.
DUI BLOOD ALCOHOL
CONTENT/DWI PROVISIONS (EFFECTIVE JULY 1, 2003)
Under Public Chapter
855, the blood alcohol content (BAC) required for a per se
DUI violation, and to create a presumption of impairment,
will be reduced from .10 percent to .08 percent. The offense
of adult driving while impaired (ADWI) will be repealed.
Existing convictions
for ADWI will still be used for determining whether to issue
a restricted license, enhancing the sentence for a second
of subsequent DUI, determining the license revocation period
for failure to submit to a BAC test, and determining whether
an individual should be classified as an habitual motor vehicle
offender.
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