Tenn. Code Ann. § 55-8-152 — TN Code / Title 55 / Chapter 8 / Section 55-8-152
Speed limits - Penalties
Status: in_force

(a) Except as provided in subsection (c), it is unlawful for any person to operate or drive a motor vehicle upon any highway or public road of this state in excess of sixty-five miles per hour (65 mph). (b) "Truck," as used in this section, means any motor vehicle of one and one-half (11/2) ton rated capacity or more. (c) On all controlled-access highways with four (4) or more lanes, which are designated as being on the state system of highways or the state system of interstate highways, it is unlawful for any person to operate or drive a motor vehicle or a truck at a rate of speed in excess of seventy miles per hour (70 mph). In the left-hand lane of all controlled-access highways with four (4) or more lanes, which are designated as being on the state system of highways or the state system of interstate highways, it is unlawful for any person to operate or drive a motor vehicle at a rate of speed less than fifty-five miles per hour (55 mph). (d) (1) (A) Except as provided for certain counties in subdivision (d)(2), counties and municipalities are authorized to establish special speed limits upon any highway or public road of this state within their jurisdiction, except at school entrances and exits to and from controlled access highways on the system of state highways, which is adjacent to school grounds that are devoted primarily to normal school day activity. Such speed limit shall be enacted based on an engineering investigation, shall not be less than fifteen miles per hour (15 mph) and shall be in effect only when proper signs are posted with a warning flasher or flashers in operation and only while children are actually present. (B) In any county or municipality where the local legislative body does not establish special speed limits as provided for above, any person who shall drive at a speed exceeding fifteen miles per hour (15 mph) when passing a school during a recess period when a warning flasher or flashers are in operation, or during a period of ninety (90) minutes before the opening hour of a school or a period of ninety (90) minutes after the closing hour of a school, while children are actually going to or leaving school, shall be prima facie guilty of reckless driving. (C) The department of transportation has the authority to establish such special speed limits at school entrances and exits to and from controlled access highways on the system of state highways. (D) A municipality may adopt an ordinance by majority vote of the municipal governing body to establish a special speed limit upon a public road, street, or highway within its jurisdiction that is adjacent to or within one-fourth (1/4) mile of a zone classified by the municipality for residential use. Notwithstanding another law to the contrary, a violation of the special speed limit established pursuant to this subdivision (d)(1)(D) is a Class C misdemeanor, punishable by fine only of two hundred dollars ($200). (2) In counties of not less than forty-three thousand seven hundred (43,700) nor more than forty-three thousand eight hundred (43,800) and counties of not less than one hundred forty-three thousand (143,000) nor more than one hundred forty-five thousand (145,000) and counties of not less than eighty-five thousand seven hundred twenty-five (85,725) nor more than eighty-five thousand eight hundred twenty-five (85,825) and counties of not less than four hundred seventy-seven thousand eight hundred (477,800) nor more than four hundred seventy-seven thousand nine hundred (477,900), according to the 1980 federal census or any subsequent federal census, counties and municipalities are authorized to establish special speed limits upon any highway or public road of this state within their jurisdiction, except at school entrances and exits to and from controlled access highways on the system of state highways, which is adjacent to or within one-fourth (1/4) mile of school grounds that are devoted to normal school day activities. Such speed limit shall be enacted based on an engineering investigation and shall not be less than fifteen miles per hour (15 mph) and shall be in effect only when proper signs are posted with a warning flasher or flashers in operation. In any county or municipality where the local legislative body does not establish special speed limits as provided for above, any person who drives at a speed exceeding fifteen miles per hour (15 mph) when passing a school during a recess period when a warning flasher or flashers are in operation, or during a period of forty (40) minutes before the opening hour of a school or a period of forty (40) minutes after the closing hour of a school, while children are actually going to or leaving school, is prima facie guilty of reckless driving. The department of transportation has the authority to establish such special speed limits at school entrances and exits to and from controlled access highways on the system of state highways. (e) (1) The fees of sheriffs, deputy sheriffs and other police officers, other than salaried officers, for making arrests for violations of the speed restrictions of this chapter, shall be one dollar ($1.00). (2) The reference to sheriffs, deputy sheriffs and other police officers in subdivision (e)(1) also includes constables in counties of this state having a population of: not less than nor more than 3,700 4,700 6,000 7,800 8,400 8,500 8,535 8,540 9,200 9,570 10,770 10,780 11,512 11,550 11,700 11,900 12,000 13,000 14,500 14,600 15,300 15,500 15,750 16,000 17,000 17,350 18,000 18,200 18,300 18,900 19,000 19,100 21,000 21,500 21,600 22,300 23,200 23,350 23,355 23,391 23,391 23,450 23,500 23,750 24,000 24,255 25,600 27,500 27,900 28,000 28,555 28,600 29,250 31,250 31,260 33,000 33,700 34,000 35,480 41,800 41,900 50,000 57,550 59,400 59,500 60,050 60,600 62,000 64,000 65,000 101,000 118,400 118,700 200,000 according to the 1960 federal census or any subsequent federal census, and Fentress and Hamblen counties. (f) (1) (A) Notwithstanding this section to the contrary, the department is authorized to lower the speed limits prescribed in this section, and on the state system of roads and highways, as it deems appropriate due to concerns regarding the roadway, traffic, or other conditions. This authorization to reduce the speed limits set by this section shall be in addition to the authority conveyed by § 55-8-153 . (B) When the department determines that it is necessary to reduce the speed limits set in subsection (a), the commissioner shall so indicate the reduced speed limit via a letter of policy statement, and the commissioner shall cause signs indicating the new speed limit to be erected. (C) Subject to § 55-8-153(c) , the municipalities of the state are authorized to set speed limits on the public roads and streets within their jurisdictions that are not a part of the interstate and national defense highway system nor any access controlled highway on the state road and highway system. In addition, the counties of this state are authorized to set speed limits on the public roads and highways within their jurisdiction that are not a part of the interstate or state highway system. The speed limits for both municipalities and counties shall not exceed fifty-five miles per hour (55 mph). (2) Notwithstanding any law to the contrary, during the period in which this subsection (f) is in effect, any person who is arrested or receives a traffic citation for driving or operating a motor vehicle in excess of fifty-five miles per hour (55 mph) but less than seventy-five miles per hour (75 mph) on a highway of the interstate and defense highway system or a four-lane controlled-access highway which are federal or state highways, or in excess of fifty-five miles per hour (55 mph) or less than sixty-five miles per hour (65 mph) on a highway or road which has an existing speed limit of sixty-five miles per hour (65 mph) as of March 1, 1974, shall be charged with speeding and upon conviction shall not be fined more than the maximum fine nor less than the minimum fine for speeding as provided by law for that violation, nor shall any costs be imposed or assessed against the person. Costs shall be imposed in such cases should the person fail to appear or answer the traffic citation as required by law. The conviction shall not be reported to the department of safety under §§ 55-10-306 and 55-12-115 . Such person shall not be required to attend driver education course as provided in § 55-10-301 . The conviction for speeding shall not result in suspension or revocation of operator's or chauffeur's license unless the excess speed constitutes reckless driving, as set out herein. This subsection (f) shall not apply to trucks as defined in subsection (b) when traveling in excess of sixty-five miles per hour (65 mph) on all highways of the interstate and defense highway system and four-laned controlled-access highways, which are federal or state routes of this state or when traveling in excess of fifty-five miles per hour (55 mph) on any other highways of this state. A violation of this subsection (f) is a Class C misdemeanor. However, notwithstanding any law to the contrary, a violation of the reduced speed limits set by the department of transportation, pursuant to § 55-8-153 , is a Class B misdemeanor, punishable by fine only, when employees of the department or construction workers are present. The amount of the fine imposed pursuant to § 55-8-153 shall not be less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). Notwithstanding any provision of this subsection (f) to the contrary, no provision of this subsection (f), nor of § 55-8-153 , shall be construed so as to prevent the entry of a suspended sentence upon the conviction of a defendant for the first violation of the enhanced penalties provided for when the violation occurs within a work zone and when employees of the department of transportation or construction workers are present and when the trier of fact determines that extraordinary circumstances lead to the violation. (g) (1) Notwithstanding any law to the contrary, any county having a population of not less than sixty-seven thousand five hundred (67,500) nor more than sixty-seven thousand six hundred (67,600), according to the 1980 federal census or any subsequent federal census may assess any person who is arrested or receives a traffic citation for driving or operating a motor vehicle in excess of the posted speed limits an additional fine of five dollars ($5.00). This fine shall be in addition to any fine assessed under this or any other applicable section. (2) Fines collected pursuant to subdivision (g)(1) shall be placed in a fund to be established by such county. The fund shall be for the sole purpose of erecting and maintaining highway signs. (3) This subsection (g) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified by the presiding officer to the secretary of state. (h) Notwithstanding any law or regulation to the contrary, only the department of transportation has the authority to set speed limits on access-controlled roadways designated as being on the state system of highways and on roadways designated as being on the state system of interstate highways. Amended by 2023 Tenn. Acts, ch. 119, Secs.s 1, s 1 eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 534, s 1, eff. 3/19/2020. Acts 1955, ch. 329, § 51; 1965, ch. 94, § 1; 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, §§ 1, 2; 1972, ch. 530, § 1; 1972, ch. 584, § 1; 1973, ch. 214, § 1; 1973, ch. 389, § 1; 1974, ch. 457, § 1; 1974, ch. 631, §§ 1, 2; 1974, ch. 797, § 1; 1975, ch. 356, § 1; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293; Acts 1977, ch. 239, § 6; 1977, ch. 278, § 1; T.C.A., § 59-852; Acts 1981, ch. 39, § 1; 1982, ch. 881, § 1; 1987, ch. 313, §§ 1-3; 1988, ch. 762, §§ 1, 2; 1988, ch. 832, § 1; 1989, ch. 299, §§ 1-3; 1989, ch. 591, § 113; 1991, ch. 9, § 5; 1991, ch. 415, § 7; 1992, ch. 973, § 4; 1993, ch. 34, §§ 1, 2; Private Acts 1994, ch. 191, § 3; Acts 1995, ch. 389, § 1; 1996, ch. 553, § 3; 1996, ch. 609, § 1; 1996, ch. 753, § 3; 1996, ch. 793, § 1; 1998, ch. 654, § 1; 1998, ch. 671, § 1; 2000, ch. 967, § 1; 2001, ch. 221, § 1; 2001, ch. 252, §§ 1, 2; 2002, ch. 505, § 1; 2007 , ch. 450, § 1.
(a) Except as provided in subsection (c), it is unlawful for any person to operate or drive a motor vehicle upon any highway or public road of this state in excess of sixty-five miles per hour (65 mph).
(b) "Truck," as used in this section, means any motor vehicle of one and one-half (11/2) ton rated capacity or more.
(c) On all controlled-access highways with four (4) or more lanes, which are designated as being on the state system of highways or the state system of interstate highways, it is unlawful for any person to operate or drive a motor vehicle or a truck at a rate of speed in excess of seventy miles per hour (70 mph). In the left-hand lane of all controlled-access highways with four (4) or more lanes, which are designated as being on the state system of highways or the state system of interstate highways, it is unlawful for any person to operate or drive a motor vehicle at a rate of speed less than fifty-five miles per hour (55 mph).
(d) (1) (A) Except as provided for certain counties in subdivision (d)(2), counties and municipalities are authorized to establish special speed limits upon any highway or public road of this state within their jurisdiction, except at school entrances and exits to and from controlled access highways on the system of state highways, which is adjacent to school grounds that are devoted primarily to normal school day activity. Such speed limit shall be enacted based on an engineering investigation, shall not be less than fifteen miles per hour (15 mph) and shall be in effect only when proper signs are posted with a warning flasher or flashers in operation and only while children are actually present. (B) In any county or municipality where the local legislative body does not establish special speed limits as provided for above, any person who shall drive at a speed exceeding fifteen miles per hour (15 mph) when passing a school during a recess period when a warning flasher or flashers are in operation, or during a period of ninety (90) minutes before the opening hour of a school or a period of ninety (90) minutes after the closing hour of a school, while children are actually going to or leaving school, shall be prima facie guilty of reckless driving. (C) The department of transportation has the authority to establish such special speed limits at school entrances and exits to and from controlled access highways on the system of state highways. (D) A municipality may adopt an ordinance by majority vote of the municipal governing body to establish a special speed limit upon a public road, street, or highway within its jurisdiction that is adjacent to or within one-fourth (1/4) mile of a zone classified by the municipality for residential use. Notwithstanding another law to the contrary, a violation of the special speed limit established pursuant to this subdivision (d)(1)(D) is a Class C misdemeanor, punishable by fine only of two hundred dollars ($200). (2) In counties of not less than forty-three thousand seven hundred (43,700) nor more than forty-three thousand eight hundred (43,800) and counties of not less than one hundred forty-three thousand (143,000) nor more than one hundred forty-five thousand (145,000) and counties of not less than eighty-five thousand seven hundred twenty-five (85,725) nor more than eighty-five thousand eight hundred twenty-five (85,825) and counties of not less than four hundred seventy-seven thousand eight hundred (477,800) nor more than four hundred seventy-seven thousand nine hundred (477,900), according to the 1980 federal census or any subsequent federal census, counties and municipalities are authorized to establish special speed limits upon any highway or public road of this state within their jurisdiction, except at school entrances and exits to and from controlled access highways on the system of state highways, which is adjacent to or within one-fourth (1/4) mile of school grounds that are devoted to normal school day activities. Such speed limit shall be enacted based on an engineering investigation and shall not be less than fifteen miles per hour (15 mph) and shall be in effect only when proper signs are posted with a warning flasher or flashers in operation. In any county or municipality where the local legislative body does not establish special speed limits as provided for above, any person who drives at a speed exceeding fifteen miles per hour (15 mph) when passing a school during a recess period when a warning flasher or flashers are in operation, or during a period of forty (40) minutes before the opening hour of a school or a period of forty (40) minutes after the closing hour of a school, while children are actually going to or leaving school, is prima facie guilty of reckless driving. The department of transportation has the authority to establish such special speed limits at school entrances and exits to and from controlled access highways on the system of state highways.
(1) (A) Except as provided for certain counties in subdivision (d)(2), counties and municipalities are authorized to establish special speed limits upon any highway or public road of this state within their jurisdiction, except at school entrances and exits to and from controlled access highways on the system of state highways, which is adjacent to school grounds that are devoted primarily to normal school day activity. Such speed limit shall be enacted based on an engineering investigation, shall not be less than fifteen miles per hour (15 mph) and shall be in effect only when proper signs are posted with a warning flasher or flashers in operation and only while children are actually present. (B) In any county or municipality where the local legislative body does not establish special speed limits as provided for above, any person who shall drive at a speed exceeding fifteen miles per hour (15 mph) when passing a school during a recess period when a warning flasher or flashers are in operation, or during a period of ninety (90) minutes before the opening hour of a school or a period of ninety (90) minutes after the closing hour of a school, while children are actually going to or leaving school, shall be prima facie guilty of reckless driving. (C) The department of transportation has the authority to establish such special speed limits at school entrances and exits to and from controlled access highways on the system of state highways. (D) A municipality may adopt an ordinance by majority vote of the municipal governing body to establish a special speed limit upon a public road, street, or highway within its jurisdiction that is adjacent to or within one-fourth (1/4) mile of a zone classified by the municipality for residential use. Notwithstanding another law to the contrary, a violation of the special speed limit established pursuant to this subdivision (d)(1)(D) is a Class C misdemeanor, punishable by fine only of two hundred dollars ($200).
(A) Except as provided for certain counties in subdivision (d)(2), counties and municipalities are authorized to establish special speed limits upon any highway or public road of this state within their jurisdiction, except at school entrances and exits to and from controlled access highways on the system of state highways, which is adjacent to school grounds that are devoted primarily to normal school day activity. Such speed limit shall be enacted based on an engineering investigation, shall not be less than fifteen miles per hour (15 mph) and shall be in effect only when proper signs are posted with a warning flasher or flashers in operation and only while children are actually present.
(B) In any county or municipality where the local legislative body does not establish special speed limits as provided for above, any person who shall drive at a speed exceeding fifteen miles per hour (15 mph) when passing a school during a recess period when a warning flasher or flashers are in operation, or during a period of ninety (90) minutes before the opening hour of a school or a period of ninety (90) minutes after the closing hour of a school, while children are actually going to or leaving school, shall be prima facie guilty of reckless driving.
(C) The department of transportation has the authority to establish such special speed limits at school entrances and exits to and from controlled access highways on the system of state highways.
(D) A municipality may adopt an ordinance by majority vote of the municipal governing body to establish a special speed limit upon a public road, street, or highway within its jurisdiction that is adjacent to or within one-fourth (1/4) mile of a zone classified by the municipality for residential use. Notwithstanding another law to the contrary, a violation of the special speed limit established pursuant to this subdivision (d)(1)(D) is a Class C misdemeanor, punishable by fine only of two hundred dollars ($200).
(2) In counties of not less than forty-three thousand seven hundred (43,700) nor more than forty-three thousand eight hundred (43,800) and counties of not less than one hundred forty-three thousand (143,000) nor more than one hundred forty-five thousand (145,000) and counties of not less than eighty-five thousand seven hundred twenty-five (85,725) nor more than eighty-five thousand eight hundred twenty-five (85,825) and counties of not less than four hundred seventy-seven thousand eight hundred (477,800) nor more than four hundred seventy-seven thousand nine hundred (477,900), according to the 1980 federal census or any subsequent federal census, counties and municipalities are authorized to establish special speed limits upon any highway or public road of this state within their jurisdiction, except at school entrances and exits to and from controlled access highways on the system of state highways, which is adjacent to or within one-fourth (1/4) mile of school grounds that are devoted to normal school day activities. Such speed limit shall be enacted based on an engineering investigation and shall not be less than fifteen miles per hour (15 mph) and shall be in effect only when proper signs are posted with a warning flasher or flashers in operation. In any county or municipality where the local legislative body does not establish special speed limits as provided for above, any person who drives at a speed exceeding fifteen miles per hour (15 mph) when passing a school during a recess period when a warning flasher or flashers are in operation, or during a period of forty (40) minutes before the opening hour of a school or a period of forty (40) minutes after the closing hour of a school, while children are actually going to or leaving school, is prima facie guilty of reckless driving. The department of transportation has the authority to establish such special speed limits at school entrances and exits to and from controlled access highways on the system of state highways.
(e) (1) The fees of sheriffs, deputy sheriffs and other police officers, other than salaried officers, for making arrests for violations of the speed restrictions of this chapter, shall be one dollar ($1.00). (2) The reference to sheriffs, deputy sheriffs and other police officers in subdivision (e)(1) also includes constables in counties of this state having a population of: not less than nor more than 3,700 4,700 6,000 7,800 8,400 8,500 8,535 8,540 9,200 9,570 10,770 10,780 11,512 11,550 11,700 11,900 12,000 13,000 14,500 14,600 15,300 15,500 15,750 16,000 17,000 17,350 18,000 18,200 18,300 18,900 19,000 19,100 21,000 21,500 21,600 22,300 23,200 23,350 23,355 23,391 23,391 23,450 23,500 23,750 24,000 24,255 25,600 27,500 27,900 28,000 28,555 28,600 29,250 31,250 31,260 33,000 33,700 34,000 35,480 41,800 41,900 50,000 57,550 59,400 59,500 60,050 60,600 62,000 64,000 65,000 101,000 118,400 118,700 200,000 according to the 1960 federal census or any subsequent federal census, and Fentress and Hamblen counties.
(1) The fees of sheriffs, deputy sheriffs and other police officers, other than salaried officers, for making arrests for violations of the speed restrictions of this chapter, shall be one dollar ($1.00).
(2) The reference to sheriffs, deputy sheriffs and other police officers in subdivision (e)(1) also includes constables in counties of this state having a population of: not less than nor more than 3,700 4,700 6,000 7,800 8,400 8,500 8,535 8,540 9,200 9,570 10,770 10,780 11,512 11,550 11,700 11,900 12,000 13,000 14,500 14,600 15,300 15,500 15,750 16,000 17,000 17,350 18,000 18,200 18,300 18,900 19,000 19,100 21,000 21,500 21,600 22,300 23,200 23,350 23,355 23,391 23,391 23,450 23,500 23,750 24,000 24,255 25,600 27,500 27,900 28,000 28,555 28,600 29,250 31,250 31,260 33,000 33,700 34,000 35,480 41,800 41,900 50,000 57,550 59,400 59,500 60,050 60,600 62,000 64,000 65,000 101,000 118,400 118,700 200,000 according to the 1960 federal census or any subsequent federal census, and Fentress and Hamblen counties.
not less than nor more than 3,700 4,700 6,000 7,800 8,400 8,500 8,535 8,540 9,200 9,570 10,770 10,780 11,512 11,550 11,700 11,900 12,000 13,000 14,500 14,600 15,300 15,500 15,750 16,000 17,000 17,350 18,000 18,200 18,300 18,900 19,000 19,100 21,000 21,500 21,600 22,300 23,200 23,350 23,355 23,391 23,391 23,450 23,500 23,750 24,000 24,255 25,600 27,500 27,900 28,000 28,555 28,600 29,250 31,250 31,260 33,000 33,700 34,000 35,480 41,800 41,900 50,000 57,550 59,400 59,500 60,050 60,600 62,000 64,000 65,000 101,000 118,400 118,700 200,000
not less than
nor more than
3,700
4,700
6,000
7,800
8,400
8,500
8,535
8,540
9,200
9,570
10,770
10,780
11,512
11,550
11,700
11,900
12,000
13,000
14,500
14,600
15,300
15,500
15,750
16,000
17,000
17,350
18,000
18,200
18,300
18,900
19,000
19,100
21,000
21,500
21,600
22,300
23,200
23,350
23,355
23,391
23,450
23,500
23,750
24,000
24,255
25,600
27,500
27,900
28,000
28,555
28,600
29,250
31,250
31,260
33,000
33,700
34,000
35,480
41,800
41,900
50,000
57,550
59,400
59,500
60,050
60,600
62,000
64,000
65,000
101,000
118,400
118,700
200,000
according to the 1960 federal census or any subsequent federal census, and Fentress and Hamblen counties.
(f) (1) (A) Notwithstanding this section to the contrary, the department is authorized to lower the speed limits prescribed in this section, and on the state system of roads and highways, as it deems appropriate due to concerns regarding the roadway, traffic, or other conditions. This authorization to reduce the speed limits set by this section shall be in addition to the authority conveyed by § 55-8-153 . (B) When the department determines that it is necessary to reduce the speed limits set in subsection (a), the commissioner shall so indicate the reduced speed limit via a letter of policy statement, and the commissioner shall cause signs indicating the new speed limit to be erected. (C) Subject to § 55-8-153(c) , the municipalities of the state are authorized to set speed limits on the public roads and streets within their jurisdictions that are not a part of the interstate and national defense highway system nor any access controlled highway on the state road and highway system. In addition, the counties of this state are authorized to set speed limits on the public roads and highways within their jurisdiction that are not a part of the interstate or state highway system. The speed limits for both municipalities and counties shall not exceed fifty-five miles per hour (55 mph). (2) Notwithstanding any law to the contrary, during the period in which this subsection (f) is in effect, any person who is arrested or receives a traffic citation for driving or operating a motor vehicle in excess of fifty-five miles per hour (55 mph) but less than seventy-five miles per hour (75 mph) on a highway of the interstate and defense highway system or a four-lane controlled-access highway which are federal or state highways, or in excess of fifty-five miles per hour (55 mph) or less than sixty-five miles per hour (65 mph) on a highway or road which has an existing speed limit of sixty-five miles per hour (65 mph) as of March 1, 1974, shall be charged with speeding and upon conviction shall not be fined more than the maximum fine nor less than the minimum fine for speeding as provided by law for that violation, nor shall any costs be imposed or assessed against the person. Costs shall be imposed in such cases should the person fail to appear or answer the traffic citation as required by law. The conviction shall not be reported to the department of safety under §§ 55-10-306 and 55-12-115 . Such person shall not be required to attend driver education course as provided in § 55-10-301 . The conviction for speeding shall not result in suspension or revocation of operator's or chauffeur's license unless the excess speed constitutes reckless driving, as set out herein. This subsection (f) shall not apply to trucks as defined in subsection (b) when traveling in excess of sixty-five miles per hour (65 mph) on all highways of the interstate and defense highway system and four-laned controlled-access highways, which are federal or state routes of this state or when traveling in excess of fifty-five miles per hour (55 mph) on any other highways of this state. A violation of this subsection (f) is a Class C misdemeanor. However, notwithstanding any law to the contrary, a violation of the reduced speed limits set by the department of transportation, pursuant to § 55-8-153 , is a Class B misdemeanor, punishable by fine only, when employees of the department or construction workers are present. The amount of the fine imposed pursuant to § 55-8-153 shall not be less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). Notwithstanding any provision of this subsection (f) to the contrary, no provision of this subsection (f), nor of § 55-8-153 , shall be construed so as to prevent the entry of a suspended sentence upon the conviction of a defendant for the first violation of the enhanced penalties provided for when the violation occurs within a work zone and when employees of the department of transportation or construction workers are present and when the trier of fact determines that extraordinary circumstances lead to the violation.
(1) (A) Notwithstanding this section to the contrary, the department is authorized to lower the speed limits prescribed in this section, and on the state system of roads and highways, as it deems appropriate due to concerns regarding the roadway, traffic, or other conditions. This authorization to reduce the speed limits set by this section shall be in addition to the authority conveyed by § 55-8-153 . (B) When the department determines that it is necessary to reduce the speed limits set in subsection (a), the commissioner shall so indicate the reduced speed limit via a letter of policy statement, and the commissioner shall cause signs indicating the new speed limit to be erected. (C) Subject to § 55-8-153(c) , the municipalities of the state are authorized to set speed limits on the public roads and streets within their jurisdictions that are not a part of the interstate and national defense highway system nor any access controlled highway on the state road and highway system. In addition, the counties of this state are authorized to set speed limits on the public roads and highways within their jurisdiction that are not a part of the interstate or state highway system. The speed limits for both municipalities and counties shall not exceed fifty-five miles per hour (55 mph).
(A) Notwithstanding this section to the contrary, the department is authorized to lower the speed limits prescribed in this section, and on the state system of roads and highways, as it deems appropriate due to concerns regarding the roadway, traffic, or other conditions. This authorization to reduce the speed limits set by this section shall be in addition to the authority conveyed by § 55-8-153 .
(B) When the department determines that it is necessary to reduce the speed limits set in subsection (a), the commissioner shall so indicate the reduced speed limit via a letter of policy statement, and the commissioner shall cause signs indicating the new speed limit to be erected.
(C) Subject to § 55-8-153(c) , the municipalities of the state are authorized to set speed limits on the public roads and streets within their jurisdictions that are not a part of the interstate and national defense highway system nor any access controlled highway on the state road and highway system. In addition, the counties of this state are authorized to set speed limits on the public roads and highways within their jurisdiction that are not a part of the interstate or state highway system. The speed limits for both municipalities and counties shall not exceed fifty-five miles per hour (55 mph).
(2) Notwithstanding any law to the contrary, during the period in which this subsection (f) is in effect, any person who is arrested or receives a traffic citation for driving or operating a motor vehicle in excess of fifty-five miles per hour (55 mph) but less than seventy-five miles per hour (75 mph) on a highway of the interstate and defense highway system or a four-lane controlled-access highway which are federal or state highways, or in excess of fifty-five miles per hour (55 mph) or less than sixty-five miles per hour (65 mph) on a highway or road which has an existing speed limit of sixty-five miles per hour (65 mph) as of March 1, 1974, shall be charged with speeding and upon conviction shall not be fined more than the maximum fine nor less than the minimum fine for speeding as provided by law for that violation, nor shall any costs be imposed or assessed against the person. Costs shall be imposed in such cases should the person fail to appear or answer the traffic citation as required by law. The conviction shall not be reported to the department of safety under §§ 55-10-306 and 55-12-115 . Such person shall not be required to attend driver education course as provided in § 55-10-301 . The conviction for speeding shall not result in suspension or revocation of operator's or chauffeur's license unless the excess speed constitutes reckless driving, as set out herein. This subsection (f) shall not apply to trucks as defined in subsection (b) when traveling in excess of sixty-five miles per hour (65 mph) on all highways of the interstate and defense highway system and four-laned controlled-access highways, which are federal or state routes of this state or when traveling in excess of fifty-five miles per hour (55 mph) on any other highways of this state. A violation of this subsection (f) is a Class C misdemeanor. However, notwithstanding any law to the contrary, a violation of the reduced speed limits set by the department of transportation, pursuant to § 55-8-153 , is a Class B misdemeanor, punishable by fine only, when employees of the department or construction workers are present. The amount of the fine imposed pursuant to § 55-8-153 shall not be less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). Notwithstanding any provision of this subsection (f) to the contrary, no provision of this subsection (f), nor of § 55-8-153 , shall be construed so as to prevent the entry of a suspended sentence upon the conviction of a defendant for the first violation of the enhanced penalties provided for when the violation occurs within a work zone and when employees of the department of transportation or construction workers are present and when the trier of fact determines that extraordinary circumstances lead to the violation.
(g) (1) Notwithstanding any law to the contrary, any county having a population of not less than sixty-seven thousand five hundred (67,500) nor more than sixty-seven thousand six hundred (67,600), according to the 1980 federal census or any subsequent federal census may assess any person who is arrested or receives a traffic citation for driving or operating a motor vehicle in excess of the posted speed limits an additional fine of five dollars ($5.00). This fine shall be in addition to any fine assessed under this or any other applicable section. (2) Fines collected pursuant to subdivision (g)(1) shall be placed in a fund to be established by such county. The fund shall be for the sole purpose of erecting and maintaining highway signs. (3) This subsection (g) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified by the presiding officer to the secretary of state.
(1) Notwithstanding any law to the contrary, any county having a population of not less than sixty-seven thousand five hundred (67,500) nor more than sixty-seven thousand six hundred (67,600), according to the 1980 federal census or any subsequent federal census may assess any person who is arrested or receives a traffic citation for driving or operating a motor vehicle in excess of the posted speed limits an additional fine of five dollars ($5.00). This fine shall be in addition to any fine assessed under this or any other applicable section.
(2) Fines collected pursuant to subdivision (g)(1) shall be placed in a fund to be established by such county. The fund shall be for the sole purpose of erecting and maintaining highway signs.
(3) This subsection (g) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified by the presiding officer to the secretary of state.
(h) Notwithstanding any law or regulation to the contrary, only the department of transportation has the authority to set speed limits on access-controlled roadways designated as being on the state system of highways and on roadways designated as being on the state system of interstate highways.
Amended by 2023 Tenn. Acts, ch. 119, Secs.s 1, s 1 eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 534, s 1, eff. 3/19/2020.
Acts 1955, ch. 329, § 51; 1965, ch. 94, § 1; 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, §§ 1, 2; 1972, ch. 530, § 1; 1972, ch. 584, § 1; 1973, ch. 214, § 1; 1973, ch. 389, § 1; 1974, ch. 457, § 1; 1974, ch. 631, §§ 1, 2; 1974, ch. 797, § 1; 1975, ch. 356, § 1; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293; Acts 1977, ch. 239, § 6; 1977, ch. 278, § 1; T.C.A., § 59-852; Acts 1981, ch. 39, § 1; 1982, ch. 881, § 1; 1987, ch. 313, §§ 1-3; 1988, ch. 762, §§ 1, 2; 1988, ch. 832, § 1; 1989, ch. 299, §§ 1-3; 1989, ch. 591, § 113; 1991, ch. 9, § 5; 1991, ch. 415, § 7; 1992, ch. 973, § 4; 1993, ch. 34, §§ 1, 2; Private Acts 1994, ch. 191, § 3; Acts 1995, ch. 389, § 1; 1996, ch. 553, § 3; 1996, ch. 609, § 1; 1996, ch. 753, § 3; 1996, ch. 793, § 1; 1998, ch. 654, § 1; 1998, ch. 671, § 1; 2000, ch. 967, § 1; 2001, ch. 221, § 1; 2001, ch. 252, §§ 1, 2; 2002, ch. 505, § 1; 2007 , ch. 450, § 1.
Tenn. Code Ann. § 55-7-114 — TN Code / Title 55 / Chapter 7 / Section 55-7-114
Safety chains for trailers - Penalty - Exceptions
Status: in_force

(a) In addition to any other attachment, any trailer, semitrailer, or pole trailer operated on the highways of Tennessee shall be attached to the towing vehicle by a chain, securely attached to both vehicles, and reasonably capable of maintaining the attachment in the event of failure by any other attachment device. (b) The responsibility for providing safety chains for trailers rented, leased, or loaned to farmers by persons customarily doing so for the haulage of farm supplies or crops shall be with the person so renting, leasing, or loaning the trailer. (c) Failure to comply with this section shall subject the offender to a fine of fifty dollars ($50.00) on a first offense, that may be submitted by the offender to the clerk of the court that has jurisdiction of the offense in the county in which the offense charged was alleged to have been committed, in lieu of appearance in court by the offender. On second and subsequent offenses, the fine shall be not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (d) (1) This section does not apply to farm implements used in tillage, harvesting, or seeding, if the implements were not equipped at the time of manufacture with safety chains, and if the implements are being towed on state or local roads at a speed of less than twenty-five miles per hour (25 mph), except this exemption shall not apply to farm trailers. (2) This section also does not apply to any motor vehicle with an attached gooseneck type trailer or semitrailer with a fifth wheel. Acts 1988, ch. 668, § 1; T.C.A., § 55-11-114.
(a) In addition to any other attachment, any trailer, semitrailer, or pole trailer operated on the highways of Tennessee shall be attached to the towing vehicle by a chain, securely attached to both vehicles, and reasonably capable of maintaining the attachment in the event of failure by any other attachment device.
(b) The responsibility for providing safety chains for trailers rented, leased, or loaned to farmers by persons customarily doing so for the haulage of farm supplies or crops shall be with the person so renting, leasing, or loaning the trailer.
(c) Failure to comply with this section shall subject the offender to a fine of fifty dollars ($50.00) on a first offense, that may be submitted by the offender to the clerk of the court that has jurisdiction of the offense in the county in which the offense charged was alleged to have been committed, in lieu of appearance in court by the offender. On second and subsequent offenses, the fine shall be not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
(d) (1) This section does not apply to farm implements used in tillage, harvesting, or seeding, if the implements were not equipped at the time of manufacture with safety chains, and if the implements are being towed on state or local roads at a speed of less than twenty-five miles per hour (25 mph), except this exemption shall not apply to farm trailers. (2) This section also does not apply to any motor vehicle with an attached gooseneck type trailer or semitrailer with a fifth wheel.
(1) This section does not apply to farm implements used in tillage, harvesting, or seeding, if the implements were not equipped at the time of manufacture with safety chains, and if the implements are being towed on state or local roads at a speed of less than twenty-five miles per hour (25 mph), except this exemption shall not apply to farm trailers.
(2) This section also does not apply to any motor vehicle with an attached gooseneck type trailer or semitrailer with a fifth wheel.
Acts 1988, ch. 668, § 1; T.C.A., § 55-11-114.
Tenn. Code Ann. § 55-4-112 — TN Code / Title 55 / Chapter 4 / Section 55-4-112
Registration fees for private and commercial motor vehicles operating for hire and transporting passengers - Fees deemed additional to certain registration fees
Status: in_force

(a) The registration fees for private and commercial motor vehicles operating for hire who transport passengers shall be as follows: (1) Motor vehicles with not more than seven (7) seats for passengers .................... $ 47.13 (2) Motor vehicles with over seven (7) seats and not more than fifteen (15) seats for passengers .................... $ 96.63 (3) Motor vehicles with over fifteen (15) seats and not more than twenty-five (25) seats for passengers .................... $ 162.63 (4) Motor vehicles with over twenty-five (25) seats and not more than thirty-five (35) seats for passengers .................... $ 245.12 (5) Motor vehicles with over thirty-five (35) seats for passengers .................... $ 327.63 (b) Where any route over which a private or commercial motor vehicle operating for hire is operated is exclusively within the limits of a municipality of the state, or where the route is partially within and partially without the limits of a municipality of the state, but does not extend more than fifteen (15) miles beyond the municipal limits, or where the route is wholly within the limits of a metropolitan government created under title 7, chapter 1, the fees shall be in addition to the registration fees set out in § 55-4-111 for passenger motor vehicles, fifty-five cents (55¢) for each passenger seat, with a minimum fee of thirty-seven dollars and fifty cents ($37.50) for any single vehicle. The applicant must submit an affidavit confirming the route mileage and seating capacity of any vehicle registering under this provision. (c) Personal buses that are not used in a trade or business shall be subject to the registration fee set out in § 55-4-111(a)(1) , Class (B). All buses not subject to the registration fees set out in this section or in § 55-4-111 shall be subject to the registration fees set out in § 55-4-113(a)(2) . (d) Notwithstanding subsection (a), the registration fee for one (1) school bus owned by a person under contract with a local education agency (LEA), as defined in § 49-1-103 , for the provision of transportation services pursuant to § 49-6-2101 , is equal to the fee charged for a school bus owned by an LEA. This subsection (d) does not prohibit a person under contract with an LEA for the provision of transportation services from registering more than one (1) school bus. The registration fee for each additional school bus owned by a person under contract with an LEA for the provision of transportation services pursuant to § 49-6-2101 , is the respective fee specified in subsection (a). Amended by 2023 Tenn. Acts, ch. 462, s 1, eff. 7/1/2023. Amended by 2017 Tenn. Acts, ch. 181, s 5, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 181, s 4, eff. 7/1/2017. Acts 1951, ch. 70, § 84 (Williams, § 5538.184); Acts 1955, ch. 52, § 8; 1957, ch. 383, § 1; impl. am. Acts 1959, ch. 9, § 14; Acts 1961, ch. 327, § 1; 1963, ch. 277, § 1; 1976, ch. 418, § 1; modified; T.C.A. (orig. ed.), § 59-422; Acts 1989, ch. 591, § 113; 1999, ch. 98, § 4; 2002, ch. 856, §§ 8b, 8c; 2009 , ch. 530, § 111.
(a) The registration fees for private and commercial motor vehicles operating for hire who transport passengers shall be as follows: (1) Motor vehicles with not more than seven (7) seats for passengers .................... $ 47.13 (2) Motor vehicles with over seven (7) seats and not more than fifteen (15) seats for passengers .................... $ 96.63 (3) Motor vehicles with over fifteen (15) seats and not more than twenty-five (25) seats for passengers .................... $ 162.63 (4) Motor vehicles with over twenty-five (25) seats and not more than thirty-five (35) seats for passengers .................... $ 245.12 (5) Motor vehicles with over thirty-five (35) seats for passengers .................... $ 327.63
(1) Motor vehicles with not more than seven (7) seats for passengers .................... $ 47.13
(2) Motor vehicles with over seven (7) seats and not more than fifteen (15) seats for passengers .................... $ 96.63
(3) Motor vehicles with over fifteen (15) seats and not more than twenty-five (25) seats for passengers .................... $ 162.63
(4) Motor vehicles with over twenty-five (25) seats and not more than thirty-five (35) seats for passengers .................... $ 245.12
(5) Motor vehicles with over thirty-five (35) seats for passengers .................... $ 327.63
(b) Where any route over which a private or commercial motor vehicle operating for hire is operated is exclusively within the limits of a municipality of the state, or where the route is partially within and partially without the limits of a municipality of the state, but does not extend more than fifteen (15) miles beyond the municipal limits, or where the route is wholly within the limits of a metropolitan government created under title 7, chapter 1, the fees shall be in addition to the registration fees set out in § 55-4-111 for passenger motor vehicles, fifty-five cents (55¢) for each passenger seat, with a minimum fee of thirty-seven dollars and fifty cents ($37.50) for any single vehicle. The applicant must submit an affidavit confirming the route mileage and seating capacity of any vehicle registering under this provision.
(c) Personal buses that are not used in a trade or business shall be subject to the registration fee set out in § 55-4-111(a)(1) , Class (B). All buses not subject to the registration fees set out in this section or in § 55-4-111 shall be subject to the registration fees set out in § 55-4-113(a)(2) .
(d) Notwithstanding subsection (a), the registration fee for one (1) school bus owned by a person under contract with a local education agency (LEA), as defined in § 49-1-103 , for the provision of transportation services pursuant to § 49-6-2101 , is equal to the fee charged for a school bus owned by an LEA. This subsection (d) does not prohibit a person under contract with an LEA for the provision of transportation services from registering more than one (1) school bus. The registration fee for each additional school bus owned by a person under contract with an LEA for the provision of transportation services pursuant to § 49-6-2101 , is the respective fee specified in subsection (a).
Amended by 2023 Tenn. Acts, ch. 462, s 1, eff. 7/1/2023.
Amended by 2017 Tenn. Acts, ch. 181, s 5, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 181, s 4, eff. 7/1/2017.
Acts 1951, ch. 70, § 84 (Williams, § 5538.184); Acts 1955, ch. 52, § 8; 1957, ch. 383, § 1; impl. am. Acts 1959, ch. 9, § 14; Acts 1961, ch. 327, § 1; 1963, ch. 277, § 1; 1976, ch. 418, § 1; modified; T.C.A. (orig. ed.), § 59-422; Acts 1989, ch. 591, § 113; 1999, ch. 98, § 4; 2002, ch. 856, §§ 8b, 8c; 2009 , ch. 530, § 111.
Tenn. Code Ann. § 55-8-134 — TN Code / Title 55 / Chapter 8 / Section 55-8-134
Pedestrians' right-of-way in crosswalks
Status: in_force

(a) (1) Unless in a marked school zone when a warning flasher or flashers are in operation, when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. (2) When in a marked school zone when a warning flasher or flashers are in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk. The driver shall remain stopped until the pedestrian has crossed the roadway on which the vehicle is stopped. (b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. (c) Subsection (a) does not apply under the conditions stated in § 55-8-135(b) . (d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. Acts 1955, ch. 329, § 33; T.C.A., § 59-834; Acts 2008, ch. 776, § 1.
(a) (1) Unless in a marked school zone when a warning flasher or flashers are in operation, when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. (2) When in a marked school zone when a warning flasher or flashers are in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk. The driver shall remain stopped until the pedestrian has crossed the roadway on which the vehicle is stopped.
(1) Unless in a marked school zone when a warning flasher or flashers are in operation, when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(2) When in a marked school zone when a warning flasher or flashers are in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk. The driver shall remain stopped until the pedestrian has crossed the roadway on which the vehicle is stopped.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(c) Subsection (a) does not apply under the conditions stated in § 55-8-135(b) .
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
Acts 1955, ch. 329, § 33; T.C.A., § 59-834; Acts 2008, ch. 776, § 1.
Tenn. Code Ann. § 55-50-338 — TN Code / Title 55 / Chapter 50 / Section 55-50-338
Renewals - Drug and alcohol educational pamphlets
Status: in_force

(a) (1) Every license shall be renewable on or before its expiration upon application, payment of required fees, and satisfactory completion of any examination required by state law or rules promulgated by the commissioner. (2) Any person whose driver license expires or who applies for a renewal of the license after thirty (30) days, but less than six (6) months, from the date the original license expired shall pay a penalty of five dollars ($5.00), and any unpaid renewal license fees since the last renewal before the license shall be renewed. For applicants with licenses that have been expired for six (6) months or more, the penalty shall be ten dollars ($10.00). The department may waive the paying of the fine if the department deems the delay in renewing the license was unavoidable. (3) Notwithstanding any other law to the contrary, any applicant for renewal of a driver license, whose license has been expired for more than one (1) renewal cycle, shall be required to successfully complete all appropriate examinations, which shall include all tests required upon original application. (4) A Tennessee driver license held by any person who is in or who enters into the United States armed forces shall continue in effect for so long as the person's service continues and the person is stationed outside this state, notwithstanding the fact that this person may be temporarily in this state on furlough, leave, or delay en route, and for a period not to exceed sixty (60) days following the date on which the person is honorably discharged or separated from service or returns to this state on reassignment to a duty station in this state, unless the license is sooner suspended, cancelled or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has in the licensee's immediate possession the licensee's discharge or separation papers, if the licensee has been discharged or separated from service. (5) Any person who is now in a foreign country in the employ of a religious or charitable organization, or who may hereafter be in a foreign country in such employ, who is a holder of a driver license in this state, and of the family of such person any member who is or who may be in a foreign country with such person and who is a holder of a driver license in this state, may, without additional examination in Tennessee, have this driver license renewed after its expiration by submitting to the department a certificate issued by a doctor of medicine certifying that the person is physically qualified to drive a motor vehicle. (6) (A) Any person renewing a chauffeur or special chauffeur license, or any applicant for an original Class A, B, or C license or any endorsement, or any person applying for reinstatement of a chauffeur or special chauffeur license, shall, at the time of renewal or application, appear at a driver testing station and make certification declaring the type of vehicle operated, the class license and endorsement or endorsements for which the person is making application, and shall be required to pay the appropriate fee or fees, in addition to successfully completing the required tests as may be required by 49 CFR Part 383 and adopted by the commissioner, pertaining to drivers of commercial motor vehicles. (B) Operators of commercial motor vehicles who: (i) Are employed by a governmental entity of this state or a private motor carrier not involved in interstate commerce; (ii) Operate commercial motor vehicles solely intrastate; (iii) Do not transport materials required to be placarded under the Hazardous Materials Transportation Act ( 49 U.S.C. § 5101 et seq.); and (iv) Meet the requirements of 49 CFR § 383.77 concerning the waiver of skills tests; shall be required only to appear at a driver license station, make the appropriate application and certification concerning the issuance of Class A, B, and C licenses, and pay the appropriate fees. (C) Subdivision (a)(6)(B) does not apply to new applicants, or to persons applying for reinstatement of a driver license. (D) (i) Subdivision (a)(6)(B) shall be automatically repealed on December 31, 1991, for those persons who at that time are not exempted from the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII, Public Law 99-570) ( 49 U.S.C. § 31101 et seq.), and/or 49 CFR Parts 383 and 391. (ii) Persons who are not exempted by December 31, 1991, shall appear at a driver testing station prior to April 1, 1992, and successfully complete all required knowledge tests to maintain their Class A, B, or C license and any special endorsements issued to them in accordance with this provision. (b) In the event 49 CFR Part 383 authorizes the "grandfathering" of drivers of commercial motor vehicles, persons who are applying for renewal in accordance with this section shall be required only to appear, meet the specified requirements, pay the appropriate fee or fees, and take only those tests required by 49 CFR Part 383. (c) The department shall make available at all driver license stations and shall include in general or routine mailings to drivers pursuant to this part, when the department deems it appropriate to the nature of the correspondence, an educational pamphlet or insert explaining the effects of drugs and alcohol on a person's ability to operate a vehicle and the applicable Tennessee laws pertaining to the operation of a vehicle while under the influence of alcohol and drugs. The insert or pamphlet must include a chart depicting "blood alcohol concentration percentage within one (1) hour based on body weight" and an explanation of the state's laws and penalties regarding driving while intoxicated. Acts 1937, ch. 90, § 6; 1943, ch. 56, § 1; mod. C. Supp. 1950, § 2715.14 (Williams, §§ 2715.19, 2715.19a); Acts 1955, ch. 44, § 1; 1955, ch. 114, § 4; 1967, ch. 97, § 1; 1967, ch. 370, § 1; 1969, ch. 176, §§ 1, 2; 1970, ch. 352, § 1; 1972, ch. 652, § 1; 1974, ch. 444, §§ 3, 4; 1974, ch. 748, § 31; modified; T.C.A. (orig. ed.), § 59-707; Acts 1980, ch. 817, § 1; 1982, ch. 767, § 1; 1984, ch. 942, § 1; 1987, ch. 446, § 9; 1988, ch. 584, § 7; T.C.A., §§ 55-7-107 , 55-7-119, 55-7-338; Acts 1989, ch. 60, §§ 1, 6; 1989, ch. 137, § 2; 1992, ch. 791, § 7; 1995, ch. 386, § 1.
(a) (1) Every license shall be renewable on or before its expiration upon application, payment of required fees, and satisfactory completion of any examination required by state law or rules promulgated by the commissioner. (2) Any person whose driver license expires or who applies for a renewal of the license after thirty (30) days, but less than six (6) months, from the date the original license expired shall pay a penalty of five dollars ($5.00), and any unpaid renewal license fees since the last renewal before the license shall be renewed. For applicants with licenses that have been expired for six (6) months or more, the penalty shall be ten dollars ($10.00). The department may waive the paying of the fine if the department deems the delay in renewing the license was unavoidable. (3) Notwithstanding any other law to the contrary, any applicant for renewal of a driver license, whose license has been expired for more than one (1) renewal cycle, shall be required to successfully complete all appropriate examinations, which shall include all tests required upon original application. (4) A Tennessee driver license held by any person who is in or who enters into the United States armed forces shall continue in effect for so long as the person's service continues and the person is stationed outside this state, notwithstanding the fact that this person may be temporarily in this state on furlough, leave, or delay en route, and for a period not to exceed sixty (60) days following the date on which the person is honorably discharged or separated from service or returns to this state on reassignment to a duty station in this state, unless the license is sooner suspended, cancelled or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has in the licensee's immediate possession the licensee's discharge or separation papers, if the licensee has been discharged or separated from service. (5) Any person who is now in a foreign country in the employ of a religious or charitable organization, or who may hereafter be in a foreign country in such employ, who is a holder of a driver license in this state, and of the family of such person any member who is or who may be in a foreign country with such person and who is a holder of a driver license in this state, may, without additional examination in Tennessee, have this driver license renewed after its expiration by submitting to the department a certificate issued by a doctor of medicine certifying that the person is physically qualified to drive a motor vehicle. (6) (A) Any person renewing a chauffeur or special chauffeur license, or any applicant for an original Class A, B, or C license or any endorsement, or any person applying for reinstatement of a chauffeur or special chauffeur license, shall, at the time of renewal or application, appear at a driver testing station and make certification declaring the type of vehicle operated, the class license and endorsement or endorsements for which the person is making application, and shall be required to pay the appropriate fee or fees, in addition to successfully completing the required tests as may be required by 49 CFR Part 383 and adopted by the commissioner, pertaining to drivers of commercial motor vehicles. (B) Operators of commercial motor vehicles who: (i) Are employed by a governmental entity of this state or a private motor carrier not involved in interstate commerce; (ii) Operate commercial motor vehicles solely intrastate; (iii) Do not transport materials required to be placarded under the Hazardous Materials Transportation Act ( 49 U.S.C. § 5101 et seq.); and (iv) Meet the requirements of 49 CFR § 383.77 concerning the waiver of skills tests; shall be required only to appear at a driver license station, make the appropriate application and certification concerning the issuance of Class A, B, and C licenses, and pay the appropriate fees. (C) Subdivision (a)(6)(B) does not apply to new applicants, or to persons applying for reinstatement of a driver license. (D) (i) Subdivision (a)(6)(B) shall be automatically repealed on December 31, 1991, for those persons who at that time are not exempted from the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII, Public Law 99-570) ( 49 U.S.C. § 31101 et seq.), and/or 49 CFR Parts 383 and 391. (ii) Persons who are not exempted by December 31, 1991, shall appear at a driver testing station prior to April 1, 1992, and successfully complete all required knowledge tests to maintain their Class A, B, or C license and any special endorsements issued to them in accordance with this provision.
(1) Every license shall be renewable on or before its expiration upon application, payment of required fees, and satisfactory completion of any examination required by state law or rules promulgated by the commissioner.
(2) Any person whose driver license expires or who applies for a renewal of the license after thirty (30) days, but less than six (6) months, from the date the original license expired shall pay a penalty of five dollars ($5.00), and any unpaid renewal license fees since the last renewal before the license shall be renewed. For applicants with licenses that have been expired for six (6) months or more, the penalty shall be ten dollars ($10.00). The department may waive the paying of the fine if the department deems the delay in renewing the license was unavoidable.
(3) Notwithstanding any other law to the contrary, any applicant for renewal of a driver license, whose license has been expired for more than one (1) renewal cycle, shall be required to successfully complete all appropriate examinations, which shall include all tests required upon original application.
(4) A Tennessee driver license held by any person who is in or who enters into the United States armed forces shall continue in effect for so long as the person's service continues and the person is stationed outside this state, notwithstanding the fact that this person may be temporarily in this state on furlough, leave, or delay en route, and for a period not to exceed sixty (60) days following the date on which the person is honorably discharged or separated from service or returns to this state on reassignment to a duty station in this state, unless the license is sooner suspended, cancelled or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has in the licensee's immediate possession the licensee's discharge or separation papers, if the licensee has been discharged or separated from service.
(5) Any person who is now in a foreign country in the employ of a religious or charitable organization, or who may hereafter be in a foreign country in such employ, who is a holder of a driver license in this state, and of the family of such person any member who is or who may be in a foreign country with such person and who is a holder of a driver license in this state, may, without additional examination in Tennessee, have this driver license renewed after its expiration by submitting to the department a certificate issued by a doctor of medicine certifying that the person is physically qualified to drive a motor vehicle.
(6) (A) Any person renewing a chauffeur or special chauffeur license, or any applicant for an original Class A, B, or C license or any endorsement, or any person applying for reinstatement of a chauffeur or special chauffeur license, shall, at the time of renewal or application, appear at a driver testing station and make certification declaring the type of vehicle operated, the class license and endorsement or endorsements for which the person is making application, and shall be required to pay the appropriate fee or fees, in addition to successfully completing the required tests as may be required by 49 CFR Part 383 and adopted by the commissioner, pertaining to drivers of commercial motor vehicles. (B) Operators of commercial motor vehicles who: (i) Are employed by a governmental entity of this state or a private motor carrier not involved in interstate commerce; (ii) Operate commercial motor vehicles solely intrastate; (iii) Do not transport materials required to be placarded under the Hazardous Materials Transportation Act ( 49 U.S.C. § 5101 et seq.); and (iv) Meet the requirements of 49 CFR § 383.77 concerning the waiver of skills tests; shall be required only to appear at a driver license station, make the appropriate application and certification concerning the issuance of Class A, B, and C licenses, and pay the appropriate fees. (C) Subdivision (a)(6)(B) does not apply to new applicants, or to persons applying for reinstatement of a driver license. (D) (i) Subdivision (a)(6)(B) shall be automatically repealed on December 31, 1991, for those persons who at that time are not exempted from the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII, Public Law 99-570) ( 49 U.S.C. § 31101 et seq.), and/or 49 CFR Parts 383 and 391. (ii) Persons who are not exempted by December 31, 1991, shall appear at a driver testing station prior to April 1, 1992, and successfully complete all required knowledge tests to maintain their Class A, B, or C license and any special endorsements issued to them in accordance with this provision.
(A) Any person renewing a chauffeur or special chauffeur license, or any applicant for an original Class A, B, or C license or any endorsement, or any person applying for reinstatement of a chauffeur or special chauffeur license, shall, at the time of renewal or application, appear at a driver testing station and make certification declaring the type of vehicle operated, the class license and endorsement or endorsements for which the person is making application, and shall be required to pay the appropriate fee or fees, in addition to successfully completing the required tests as may be required by 49 CFR Part 383 and adopted by the commissioner, pertaining to drivers of commercial motor vehicles.
(B) Operators of commercial motor vehicles who: (i) Are employed by a governmental entity of this state or a private motor carrier not involved in interstate commerce; (ii) Operate commercial motor vehicles solely intrastate; (iii) Do not transport materials required to be placarded under the Hazardous Materials Transportation Act ( 49 U.S.C. § 5101 et seq.); and (iv) Meet the requirements of 49 CFR § 383.77 concerning the waiver of skills tests; shall be required only to appear at a driver license station, make the appropriate application and certification concerning the issuance of Class A, B, and C licenses, and pay the appropriate fees.
(i) Are employed by a governmental entity of this state or a private motor carrier not involved in interstate commerce;
(ii) Operate commercial motor vehicles solely intrastate;
(iii) Do not transport materials required to be placarded under the Hazardous Materials Transportation Act ( 49 U.S.C. § 5101 et seq.); and
(iv) Meet the requirements of 49 CFR § 383.77 concerning the waiver of skills tests; shall be required only to appear at a driver license station, make the appropriate application and certification concerning the issuance of Class A, B, and C licenses, and pay the appropriate fees.
shall be required only to appear at a driver license station, make the appropriate application and certification concerning the issuance of Class A, B, and C licenses, and pay the appropriate fees.
(C) Subdivision (a)(6)(B) does not apply to new applicants, or to persons applying for reinstatement of a driver license.
(D) (i) Subdivision (a)(6)(B) shall be automatically repealed on December 31, 1991, for those persons who at that time are not exempted from the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII, Public Law 99-570) ( 49 U.S.C. § 31101 et seq.), and/or 49 CFR Parts 383 and 391. (ii) Persons who are not exempted by December 31, 1991, shall appear at a driver testing station prior to April 1, 1992, and successfully complete all required knowledge tests to maintain their Class A, B, or C license and any special endorsements issued to them in accordance with this provision.
(i) Subdivision (a)(6)(B) shall be automatically repealed on December 31, 1991, for those persons who at that time are not exempted from the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII, Public Law 99-570) ( 49 U.S.C. § 31101 et seq.), and/or 49 CFR Parts 383 and 391.
(ii) Persons who are not exempted by December 31, 1991, shall appear at a driver testing station prior to April 1, 1992, and successfully complete all required knowledge tests to maintain their Class A, B, or C license and any special endorsements issued to them in accordance with this provision.
(b) In the event 49 CFR Part 383 authorizes the "grandfathering" of drivers of commercial motor vehicles, persons who are applying for renewal in accordance with this section shall be required only to appear, meet the specified requirements, pay the appropriate fee or fees, and take only those tests required by 49 CFR Part 383.
(c) The department shall make available at all driver license stations and shall include in general or routine mailings to drivers pursuant to this part, when the department deems it appropriate to the nature of the correspondence, an educational pamphlet or insert explaining the effects of drugs and alcohol on a person's ability to operate a vehicle and the applicable Tennessee laws pertaining to the operation of a vehicle while under the influence of alcohol and drugs. The insert or pamphlet must include a chart depicting "blood alcohol concentration percentage within one (1) hour based on body weight" and an explanation of the state's laws and penalties regarding driving while intoxicated.
Acts 1937, ch. 90, § 6; 1943, ch. 56, § 1; mod. C. Supp. 1950, § 2715.14 (Williams, §§ 2715.19, 2715.19a); Acts 1955, ch. 44, § 1; 1955, ch. 114, § 4; 1967, ch. 97, § 1; 1967, ch. 370, § 1; 1969, ch. 176, §§ 1, 2; 1970, ch. 352, § 1; 1972, ch. 652, § 1; 1974, ch. 444, §§ 3, 4; 1974, ch. 748, § 31; modified; T.C.A. (orig. ed.), § 59-707; Acts 1980, ch. 817, § 1; 1982, ch. 767, § 1; 1984, ch. 942, § 1; 1987, ch. 446, § 9; 1988, ch. 584, § 7; T.C.A., §§ 55-7-107 , 55-7-119, 55-7-338; Acts 1989, ch. 60, §§ 1, 6; 1989, ch. 137, § 2; 1992, ch. 791, § 7; 1995, ch. 386, § 1.
Tenn. Code Ann. § 55-50-312 — TN Code / Title 55 / Chapter 50 / Section 55-50-312
Licensing of minors
Status: in_force

(a) (1) The application of any person under eighteen (18) years of age for an instruction permit or driver license shall be signed and verified before a person authorized to administer oaths by the person's parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, or, in the event there is no parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, then by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. If other than a parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, the responsible person must, in addition to assuming responsibility, file future proof of insurance on behalf of the minor until the minor reaches eighteen (18) years of age. If during this period the insurance or proof of financial responsibility is cancelled, terminated or no longer in force, the driving privileges of the minor shall be suspended until requirements of this section and §§ 55-50-301 and 55-50-302 are complied with and a new application for reinstatement of the license is made. If, in the event the applicant for a driver license is married, the spouse may sign and verify the application, if the spouse is a person capable of legally entering into contractual relationships. (2) As used in subdivision (a)(1), "stepfather," "stepmother," or "stepparent" means only that stepparent residing in the same household with the minor seeking the license. (3) In cases where a grandparent signs the application of a minor and assumes financial responsibility for a minor pursuant to this subsection (a), the parent, stepparent, guardian or custodian, as appropriate, shall sign a notarized statement authorizing the grandparent to do so which shall accompany the license application. In addition, the grandparent shall present a statement indicating the grandparent's understanding of the financial responsibility the grandparent is assuming pursuant to this section. The SR-22 form from the grandparent's insurance provider shall fulfill this requirement. (b) Any negligence or willful misconduct or violation of any motor vehicle law of this state or any municipality thereof by a minor under eighteen (18) years of age when driving a motor vehicle upon a highway or street shall be imputed to the person who has signed the application of the minor for a permit or license, which person shall be jointly and severally liable with the minor for any damages or fines occasioned by the negligence, willful misconduct, or violation, except as otherwise provided in subsection (c). (c) In the event a minor deposits or there is deposited upon the minor's behalf proof of financial responsibility with respect to the operation of a motor vehicle owned by the minor, or if not the owner of a motor vehicle, then with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, then the department may accept the application of the minor when signed by the spouse over eighteen (18) years of age, or one (1) parent, stepparent, grandparent or guardian of the minor, and while proof is maintained the spouse, parent, stepparent, grandparent or the guardian shall not be subject to the liability imposed under subsection (b). (d) Any person who has signed the application of a minor for a license may thereafter file with the department a notarized written request that the license of the minor so granted be cancelled. Thereupon, the department shall cancel the license of the minor, and upon cancellation by the department, the person who signed the application of the minor shall be relieved from the liability imposed under this chapter by reason of having signed the application on account of any subsequent negligence or willful misconduct of the minor in operating a motor vehicle. (e) The department may issue to a minor who is at least fifteen (15) years of age a special restricted license or permit to operate a motorscooter or a motorized bicycle as defined in § 55-8-101 , upon compliance by the minor or persons acting in the minor's behalf with all of the other provisions of this chapter; provided, that the actual demonstration of ability to exercise ordinary and reasonable control, as provided in §§ 55-50-321 - 55-50-324, 55-50-331 - 55-50-338 and 55-50-352, is made on a motorscooter or a motorized bicycle; and provided further, that the license or permit issued in accordance with this section shall show upon its face a restriction to the use of a motorscooter or a motorized bicycle only, and any other restrictions that the department, upon good cause, deems necessary. (f) (1) The department may issue to a minor who is fourteen (14) years of age or older a special restricted license when facts presented to the department indicate there is good cause to issue the restricted license. This license shall hereinafter be referred to as a hardship license. The hardship license shall be restricted according to rules and regulations promulgated by the commissioner. (2) Notwithstanding this chapter or other law to the contrary, a Class H or hardship license issued to a minor who holds a Class P license or instructional permit expires on the date the Class P license or instructional permit expires. (g) The falsification of any information submitted under this section, either by the applicant or by the person signing any affidavit required under this section, shall result in the suspension of the license of the applicant and the license of the person signing the affidavit. (h) A person under eighteen (18) years of age in custody of the department of children's services shall not be charged a fee for issuance, renewal, or reinstatement of a driver license, instruction permit, intermediate driver license, or photo identification card. The application must be accompanied by evidence that the person is in such custody. Amended by 2023 Tenn. Acts, ch. 100, s 16, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 468, s 1, eff. 1/1/2024. Amended by 2021 Tenn. Acts, ch. 137, s 1, eff. 1/1/2022. Amended by 2015 Tenn. Acts, ch. 330, s 1, eff. 4/28/2015. Acts 1937, ch. 90, § 3; C. Supp. 1950, § 2715.11 (Williams, § 2715.16); Acts 1955, ch. 114, § 2; 1957, ch. 199, §§ 1, 2; 1957, ch. 209, § 1; 1959, ch. 272, § 1; 1967, ch. 238, § 1; impl. am. Acts 1971, ch. 162, § 3; Acts 1972, ch. 467, § 1; 1974, ch. 444, §§ 1, 2; 1975, ch. 82, § 1; 1976, ch. 841, § 1; 1977, ch. 90, § 1; 1977, ch. 189, § 2; 1978, ch. 643, §§ 1, 2; 1979, ch. 247, §§ 5, 8; T.C.A. (orig. ed.), § 59-704; Acts 1986, ch. 804, § 7; 1987, ch. 446, § 11; 1988, ch. 584, § 4; T.C.A., §§ 55-7-104 , 55-7-312; Acts 1995, ch. 272, § 1; 1996, ch. 802, §§ 1-3, 5; 2000, ch. 700, § 6; 2008 , ch. 1151, § 1.
(a) (1) The application of any person under eighteen (18) years of age for an instruction permit or driver license shall be signed and verified before a person authorized to administer oaths by the person's parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, or, in the event there is no parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, then by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. If other than a parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, the responsible person must, in addition to assuming responsibility, file future proof of insurance on behalf of the minor until the minor reaches eighteen (18) years of age. If during this period the insurance or proof of financial responsibility is cancelled, terminated or no longer in force, the driving privileges of the minor shall be suspended until requirements of this section and §§ 55-50-301 and 55-50-302 are complied with and a new application for reinstatement of the license is made. If, in the event the applicant for a driver license is married, the spouse may sign and verify the application, if the spouse is a person capable of legally entering into contractual relationships. (2) As used in subdivision (a)(1), "stepfather," "stepmother," or "stepparent" means only that stepparent residing in the same household with the minor seeking the license. (3) In cases where a grandparent signs the application of a minor and assumes financial responsibility for a minor pursuant to this subsection (a), the parent, stepparent, guardian or custodian, as appropriate, shall sign a notarized statement authorizing the grandparent to do so which shall accompany the license application. In addition, the grandparent shall present a statement indicating the grandparent's understanding of the financial responsibility the grandparent is assuming pursuant to this section. The SR-22 form from the grandparent's insurance provider shall fulfill this requirement.
(1) The application of any person under eighteen (18) years of age for an instruction permit or driver license shall be signed and verified before a person authorized to administer oaths by the person's parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, or, in the event there is no parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, then by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. If other than a parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, the responsible person must, in addition to assuming responsibility, file future proof of insurance on behalf of the minor until the minor reaches eighteen (18) years of age. If during this period the insurance or proof of financial responsibility is cancelled, terminated or no longer in force, the driving privileges of the minor shall be suspended until requirements of this section and §§ 55-50-301 and 55-50-302 are complied with and a new application for reinstatement of the license is made. If, in the event the applicant for a driver license is married, the spouse may sign and verify the application, if the spouse is a person capable of legally entering into contractual relationships.
(2) As used in subdivision (a)(1), "stepfather," "stepmother," or "stepparent" means only that stepparent residing in the same household with the minor seeking the license.
(3) In cases where a grandparent signs the application of a minor and assumes financial responsibility for a minor pursuant to this subsection (a), the parent, stepparent, guardian or custodian, as appropriate, shall sign a notarized statement authorizing the grandparent to do so which shall accompany the license application. In addition, the grandparent shall present a statement indicating the grandparent's understanding of the financial responsibility the grandparent is assuming pursuant to this section. The SR-22 form from the grandparent's insurance provider shall fulfill this requirement.
(b) Any negligence or willful misconduct or violation of any motor vehicle law of this state or any municipality thereof by a minor under eighteen (18) years of age when driving a motor vehicle upon a highway or street shall be imputed to the person who has signed the application of the minor for a permit or license, which person shall be jointly and severally liable with the minor for any damages or fines occasioned by the negligence, willful misconduct, or violation, except as otherwise provided in subsection (c).
(c) In the event a minor deposits or there is deposited upon the minor's behalf proof of financial responsibility with respect to the operation of a motor vehicle owned by the minor, or if not the owner of a motor vehicle, then with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, then the department may accept the application of the minor when signed by the spouse over eighteen (18) years of age, or one (1) parent, stepparent, grandparent or guardian of the minor, and while proof is maintained the spouse, parent, stepparent, grandparent or the guardian shall not be subject to the liability imposed under subsection (b).
(d) Any person who has signed the application of a minor for a license may thereafter file with the department a notarized written request that the license of the minor so granted be cancelled. Thereupon, the department shall cancel the license of the minor, and upon cancellation by the department, the person who signed the application of the minor shall be relieved from the liability imposed under this chapter by reason of having signed the application on account of any subsequent negligence or willful misconduct of the minor in operating a motor vehicle.
(e) The department may issue to a minor who is at least fifteen (15) years of age a special restricted license or permit to operate a motorscooter or a motorized bicycle as defined in § 55-8-101 , upon compliance by the minor or persons acting in the minor's behalf with all of the other provisions of this chapter; provided, that the actual demonstration of ability to exercise ordinary and reasonable control, as provided in §§ 55-50-321 - 55-50-324, 55-50-331 - 55-50-338 and 55-50-352, is made on a motorscooter or a motorized bicycle; and provided further, that the license or permit issued in accordance with this section shall show upon its face a restriction to the use of a motorscooter or a motorized bicycle only, and any other restrictions that the department, upon good cause, deems necessary.
(f) (1) The department may issue to a minor who is fourteen (14) years of age or older a special restricted license when facts presented to the department indicate there is good cause to issue the restricted license. This license shall hereinafter be referred to as a hardship license. The hardship license shall be restricted according to rules and regulations promulgated by the commissioner. (2) Notwithstanding this chapter or other law to the contrary, a Class H or hardship license issued to a minor who holds a Class P license or instructional permit expires on the date the Class P license or instructional permit expires.
(1) The department may issue to a minor who is fourteen (14) years of age or older a special restricted license when facts presented to the department indicate there is good cause to issue the restricted license. This license shall hereinafter be referred to as a hardship license. The hardship license shall be restricted according to rules and regulations promulgated by the commissioner.
(2) Notwithstanding this chapter or other law to the contrary, a Class H or hardship license issued to a minor who holds a Class P license or instructional permit expires on the date the Class P license or instructional permit expires.
(g) The falsification of any information submitted under this section, either by the applicant or by the person signing any affidavit required under this section, shall result in the suspension of the license of the applicant and the license of the person signing the affidavit.
(h) A person under eighteen (18) years of age in custody of the department of children's services shall not be charged a fee for issuance, renewal, or reinstatement of a driver license, instruction permit, intermediate driver license, or photo identification card. The application must be accompanied by evidence that the person is in such custody.
Amended by 2023 Tenn. Acts, ch. 100, s 16, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 468, s 1, eff. 1/1/2024.
Amended by 2021 Tenn. Acts, ch. 137, s 1, eff. 1/1/2022.
Amended by 2015 Tenn. Acts, ch. 330, s 1, eff. 4/28/2015.
Acts 1937, ch. 90, § 3; C. Supp. 1950, § 2715.11 (Williams, § 2715.16); Acts 1955, ch. 114, § 2; 1957, ch. 199, §§ 1, 2; 1957, ch. 209, § 1; 1959, ch. 272, § 1; 1967, ch. 238, § 1; impl. am. Acts 1971, ch. 162, § 3; Acts 1972, ch. 467, § 1; 1974, ch. 444, §§ 1, 2; 1975, ch. 82, § 1; 1976, ch. 841, § 1; 1977, ch. 90, § 1; 1977, ch. 189, § 2; 1978, ch. 643, §§ 1, 2; 1979, ch. 247, §§ 5, 8; T.C.A. (orig. ed.), § 59-704; Acts 1986, ch. 804, § 7; 1987, ch. 446, § 11; 1988, ch. 584, § 4; T.C.A., §§ 55-7-104 , 55-7-312; Acts 1995, ch. 272, § 1; 1996, ch. 802, §§ 1-3, 5; 2000, ch. 700, § 6; 2008 , ch. 1151, § 1.
Tenn. Code Ann. § 55-10-107 — TN Code / Title 55 / Chapter 10 / Section 55-10-107
Written report of accident
Status: in_force

(a) (1) The driver of a vehicle that is in any manner involved in an accident resulting in bodily injury to or death to any person, or in which damage to the property of any one (1) person, including the driver's, in excess of one thousand five hundred dollars ($1,500) is sustained, shall within twenty (20) days after the accident, forward a written report of the accident to the department of safety; provided, that persons making written reports to the department pursuant to § 55-12-104 shall not be required to make any additional report pursuant to this section, § 55-10-109 or § 55-10-111 . (2) If an accident results in damage to state or local government property in excess of four hundred dollars ($400), then the driver of the vehicle involved in the accident shall file a written report in accordance with subdivision (a)(1). (b) The requirements in subsection (a) shall apply to accidents occurring upon highways and the premises of any shopping center, trailer park or any apartment house complex, or any other premises that are generally frequented by the public at large. (c) Written reports prepared pursuant to this section shall include information pertaining to the insurance policy, including the name of the insurer, of the driver and of the owner of the vehicle. If the driver and the owner have a certificate of compliance with the Tennessee Financial Responsibility Law of 1977, compiled in chapter 12 of this title, issued by the commissioner of safety, a copy of the certificate shall be included in the written notice. (d) With respect to an ADS-operated vehicle, as defined by § 55-30-102 , the written reports required under subsection (a) must be completed by the vehicle's owner. Amended by 2018 Tenn. Acts, ch. 555,s 6, eff. 1/1/2019. Amended by 2018 Tenn. Acts, ch. 555,s 2, eff. 1/1/2019. Amended by 2017 Tenn. Acts, ch. 474,s 12, eff. 6/6/2017. Acts 1955, ch. 329, § 84; 1967, ch. 106, § 1; T.C.A., § 59-1007; Acts 1986, ch. 842, § 6; 1988, ch. 788, § 1; 1989, ch. 263, § 2; 2007, ch. 139, § 3.
(a) (1) The driver of a vehicle that is in any manner involved in an accident resulting in bodily injury to or death to any person, or in which damage to the property of any one (1) person, including the driver's, in excess of one thousand five hundred dollars ($1,500) is sustained, shall within twenty (20) days after the accident, forward a written report of the accident to the department of safety; provided, that persons making written reports to the department pursuant to § 55-12-104 shall not be required to make any additional report pursuant to this section, § 55-10-109 or § 55-10-111 . (2) If an accident results in damage to state or local government property in excess of four hundred dollars ($400), then the driver of the vehicle involved in the accident shall file a written report in accordance with subdivision (a)(1).
(1) The driver of a vehicle that is in any manner involved in an accident resulting in bodily injury to or death to any person, or in which damage to the property of any one (1) person, including the driver's, in excess of one thousand five hundred dollars ($1,500) is sustained, shall within twenty (20) days after the accident, forward a written report of the accident to the department of safety; provided, that persons making written reports to the department pursuant to § 55-12-104 shall not be required to make any additional report pursuant to this section, § 55-10-109 or § 55-10-111 .
(2) If an accident results in damage to state or local government property in excess of four hundred dollars ($400), then the driver of the vehicle involved in the accident shall file a written report in accordance with subdivision (a)(1).
(b) The requirements in subsection (a) shall apply to accidents occurring upon highways and the premises of any shopping center, trailer park or any apartment house complex, or any other premises that are generally frequented by the public at large.
(c) Written reports prepared pursuant to this section shall include information pertaining to the insurance policy, including the name of the insurer, of the driver and of the owner of the vehicle. If the driver and the owner have a certificate of compliance with the Tennessee Financial Responsibility Law of 1977, compiled in chapter 12 of this title, issued by the commissioner of safety, a copy of the certificate shall be included in the written notice.
(d) With respect to an ADS-operated vehicle, as defined by § 55-30-102 , the written reports required under subsection (a) must be completed by the vehicle's owner.
Amended by 2018 Tenn. Acts, ch. 555,s 6, eff. 1/1/2019.
Amended by 2018 Tenn. Acts, ch. 555,s 2, eff. 1/1/2019.
Amended by 2017 Tenn. Acts, ch. 474,s 12, eff. 6/6/2017.
Acts 1955, ch. 329, § 84; 1967, ch. 106, § 1; T.C.A., § 59-1007; Acts 1986, ch. 842, § 6; 1988, ch. 788, § 1; 1989, ch. 263, § 2; 2007, ch. 139, § 3.
Tenn. Code Ann. § 55-10-402 — TN Code / Title 55 / Chapter 10 / Section 55-10-402
Penalty for violations of Section 55-10-401 - Alternative facilities for incarceration - Public service work - Monitoring - Inpatient alcohol and drug treatment
Status: in_force

(a) (1) (A) Any person violating § 55-10-401 , shall, upon conviction for the first offense, be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days. (B) Any person violating § 55-10-401 , upon conviction for the first offense with a blood alcohol concentration of fifteen-hundredths of one percent (0.15%) or more, shall serve a minimum of seven (7) consecutive days rather than forty-eight (48) hours. (2) (A) Any person violating § 55-10-401 , shall, upon conviction for second offense, be sentenced to serve in the county jail or workhouse not less than forty-five (45) consecutive days nor more than eleven (11) months and twenty-nine (29) days. (B) After sentencing the person to a period of confinement pursuant to subdivision (a)(2)(A), as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (i) Completes a clinical substance abuse assessment conducted pursuant to subsection (h); and (ii) Serves at least seventeen (17) days of the period of incarceration imposed in the county jail or workhouse. (3) (A) Any person violating § 55-10-401 , shall, upon conviction for third offense, be sentenced to serve in the county jail or workhouse not less than one hundred twenty (120) consecutive days nor more than eleven (11) months and twenty-nine (29) days. (B) After sentencing the person to a period of confinement pursuant to subdivision (a)(3)(A), as a condition of probation the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (i) Completes a clinical substance abuse assessment conducted pursuant to subsection (h); and (ii) Serves at least sixty-five (65) days of the period of incarceration imposed in the county jail or workhouse. (4) Any person violating § 55-10-401 , upon conviction for a fourth offense, shall be sentenced as a felon to serve not less than one hundred fifty (150) consecutive days nor more than the maximum punishment authorized for the appropriate range of a Class E felony. (5) (A) Any person violating § 55-10-401 , upon conviction for a fifth offense, shall be sentenced as a Class D felon and shall be sentenced to serve not less than the minimum sentence of imprisonment established in subdivision (a)(4) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class D felony. This subdivision (a)(5) applies if the person: (i) Has at least four (4) previous convictions for violations of § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) ; (ii) Commits a fifth violation of § 55-10-401 ; and (iii) Commits the fifth violation on or after July 1, 2019. (B) In addition to the required term of imprisonment for a fifth offense, all of the collateral consequences of a violation of § 55-10-401 , including a fine, forfeiture, driver license suspension or revocation, interlock, transdermal, and other monitoring devices, substance abuse assessments, in-patient or out-patient treatment, drug court or DUI court, and conditions of probation shall also apply to a fifth offender. (6) (A) A sixth or subsequent conviction for violating § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) , is a Class C felony and any person sentenced under this subdivision (a)(6) shall be sentenced to serve no less than the minimum sentence of imprisonment established in subdivision (a)(4) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class C felony. For this subdivision (a)(6) to be applicable, the person shall: (i) Have at least five (5) previous convictions for violations of § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) ; (ii) Commit a sixth or subsequent violation of § 55-10-401 ; and (iii) Commit the sixth or subsequent violation on or after July 1, 2016. (B) In addition to the required term of imprisonment for a sixth or subsequent offense, all of the collateral consequences of a violation of § 55-10-401 , including a fine, forfeiture, driver license suspension or revocation, interlock, transdermal, and other monitoring devices, substance abuse assessments, in-patient or out-patient treatment, drug court or DUI court, and conditions of probation shall also apply to a sixth or subsequent offender. (b) (1) If a person is convicted of a violation of § 55-10-401 , and at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, the person's sentence shall be enhanced by a mandatory minimum period of incarceration of thirty (30) days. The incarceration enhancement shall be served in addition to any period of incarceration received for the violation of § 55-10-401 . (2) Notwithstanding subsection (a), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child suffers serious bodily injury as the proximate result of the violation of § 55-10-401 , the person commits a Class D felony and shall be punished as provided in § 39-13-106 , for vehicular assault. (3) Notwithstanding subsection (a), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child is killed as the proximate result of the violation of § 55-10-401 , the person commits a Class B felony and shall be punished as provided in § 39-13-213(b)(2) , for vehicular homicide involving intoxication. (c) Subdivisions (b)(1)-(3) constitute an enhanced sentence, not a new offense. (d) (1) 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 § 55-10-401 to remove litter from the state highway system, public playgrounds, public parks or other appropriate locations for any prescribed period or to work in 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 the person's regular hours of employment. (2) (A) The court may order any person convicted of a violation of § 55-10-401 to be subject to monitoring using one (1) or more of the following: (i) Transdermal monitoring device or other alternative alcohol or drug monitoring device; (ii) Electronic monitoring with random alcohol or drug testing; (iii) Global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or (iv) Any other monitoring device the court believes necessary to ensure the person complies with the conditions of probation and, if applicable, the results of the clinical substance abuse assessment. (B) If the court orders a person to be subject to monitoring as provided in subdivision (d)(2)(A), the court, the department of correction, or any other agency, department, program, group, private entity, or association that is responsible for the supervision of such person shall: (i) Require periodic reporting by the person for verification of the proper operation of the monitoring device; (ii) Require the person to have the device monitored for proper use and accuracy by an entity approved by the supervising entity at least every thirty (30) days, or more frequently as the circumstances may require; and (iii) Immediately notify the court of any of the person's violations of this subdivision (d)(2), which shall be considered a violation of the conditions of probation. (3) Notwithstanding this part to the contrary, a person violating § 55-10-401 , upon conviction for a third or subsequent offense, shall pay all costs associated with an ignition interlock device, transdermal monitoring device, global positioning monitoring system, or any other monitoring device and is not eligible for electronic monitoring indigency fund assistance under this part, regardless of whether the person is indigent. (e) All persons sentenced under this part shall, in addition to service of at least the minimum sentence, be required to serve the difference between the time actually served and the maximum sentence on probation. (f) (1) An offender sentenced to a period of incarceration for a violation of § 55-10-401 , shall be required to commence service of the sentence within thirty (30) days of conviction or, if space is not immediately available in the appropriate municipal or county jail or workhouse within such time, as soon as such space is available. (2) (A) As used in this subsection (f), "alternative facilities" include, but are not limited to, vacant schools or office buildings or any other building or structure that would be suitable for housing DUI offenders for short periods of time on an as-needed basis and licensed through the department of mental health and substance abuse services for the state. (B) The court may authorize the use of alternative facilities for the incarceration of an offender convicted of a violation of § 55-10-401 and sentenced pursuant to subdivision (a)(1). (C) (i) The court may approve a private, appropriately licensed substance abuse treatment program as an "alternative facility." If a person is ordered to participate in a court-approved private, appropriately licensed substance abuse treatment program, then that person shall be responsible for the cost and fees involved with the program, whether it be a prepayment or pay as you go program. The court does not have the authority to order the expenditure of public funds to provide for participation in such a program. However, if a person ordered to participate in such a program is indigent, the court may allow the person, subject to availability of services, to enter any program that provides the treatment without cost to an individual. (ii) A local governmental entity is immune from liability for a cause of action or claim for damages arising out of a person's participation in a private, appropriately licensed substance abuse treatment program approved by the court as an alternative facility under this subdivision (f)(2)(C). (3) Nothing in this subsection (f) shall be construed to give an offender a right to serve a sentence for a violation of § 55-10-401 , in an alternative facility or within a specified period of time. Failure of a sheriff or chief administrative officer of a jail to require an offender to serve the sentence within a certain period of time or in a certain facility or type of facility shall have no effect upon the validity of the sentence. (g) [Deleted by 2023 amendment.] (h) (1) The clinical substance abuse assessment required before a person is ordered to participate in a substance abuse treatment program as a condition of probation pursuant to subdivisions (a)(2) or (a)(3), shall be administered to the person by qualified alcohol and drug abuse treatment personnel, as that term is defined by rules promulgated by the department of mental health and substance abuse services. If the assessment determines the person is in need of substance abuse treatment, the court may, using the assessment to determine the appropriate level of care, order the person referred to an appropriate substance abuse treatment program licensed or certified by the department of mental health and substance abuse services, including a certified drug court or DUI court. (2) A person ordered to attend a substance abuse treatment program pursuant to subdivisions (a)(2) or (a)(3) shall receive sentence reduction credits from the period of incarceration imposed by the court as follows: (A) Day-for-day credit for the period of time the person spends in a residential treatment program; and (B) One (1) day of credit for every nine (9) hours of successfully completed intensive outpatient treatment. (3) (A) Upon the successful completion of the substance abuse treatment program, the program provider shall notify the court of the fact that treatment was successfully completed and the number of days the person spent in residential treatment, or the number of hours spent in intensive outpatient treatment, whichever is applicable. The court shall calculate the sentence reduction credits the person has earned based upon the service provider's report. (B) If the person ceases to attend the substance abuse treatment program, the service provider shall notify the court of the person's absence within three (3) business days of the date the provider knew or should have known of such absence. If the person fails to successfully complete the program for any other reason, the provider shall notify the court of such failure. (4) A person who does not successfully complete the substance abuse treatment program to which the person is ordered is in violation of the person's probation, and the court shall order the person committed to the county jail or workhouse for service of the full period of the mandatory minimum confinement required by law and any portion of confinement in excess of the minimum imposed by the court that the court deems necessary. The person shall receive no sentence reduction credits for any time spent in the substance abuse treatment program prior to failure to complete the program. (5) Upon successful completion of a substance abuse treatment program, the person shall be required to report to the county jail or workhouse to serve the remainder of any mandatory period of confinement required by law and imposed by the court. Failure to do so is a violation of the person's probation. (6) If a person voluntarily attends residential treatment after arrest but before sentencing, the person may receive sentence reduction credits for completion of residential treatment if the person is ordered to treatment by the judge as a condition of probation. However, before commencing any court-ordered treatment program, the person must undergo a clinical substance abuse assessment as provided in subdivision (h)(1), serve the mandatory minimum sentence provided in subdivision (a)(2)(B) or (a)(3)(B), and follow the recommendations of the assessment. (7) If the court orders intensive outpatient treatment, it may also order: (A) The use of transdermal monitoring devices or other alternative alcohol or drug monitoring devices. If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a device for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a device that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 ; (B) The use of electronic monitoring with random alcohol or drug testing; (C) The use of a global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or (D) The use of any other monitoring device the court believes necessary to ensure the person complies with the results of the assessment and the conditions of probation. (i) (1) Ordering a person to treatment as a condition of probation pursuant to subdivision (a)(2), (a)(3), and subsection (h) for a second or third violation of § 55-10-401 is solely within the discretion of the judge as an available sentencing option. Failure to grant such person such treatment is not appealable, except for abuse of discretion. (2) Nothing in this section shall be construed as creating a right for a person convicted of a second or third violation of § 55-10-401 to receive: (A) A clinical substance abuse assessment; (B) Intensive outpatient treatment; (C) Residential treatment; (D) Enrollment in a state certified treatment program, including drug court or DUI court; or (E) Any sentence reduction credits for substance abuse treatment that would reduce the period of incarceration imposed by the court other than those earned and retained pursuant to subdivision (h)(2)(A) and (B). (3) (A) Nothing in this section authorizing a judge to order any of the options specified in subdivision (i)(2) shall be construed to affect or limit any restrictions a judge may place or is required to place on a person convicted of a second or third violation of § 55-10-401 by other provisions of law, including the use of an ignition interlock device under § 55-10-409 . (B) This section governs those instances in which a person is convicted of a second or third violation of § 55-10-401 and the judge chooses to order the person to participate in a substance abuse treatment program as a condition of probation pursuant to this section. In those instances in which the person is a second or third offender but the judge declines to order treatment pursuant to this section, or in which the person is convicted of a first or fourth or subsequent violation of § 55-10-401 , § 55-10-410 applies. (j) (1) The court is not empowered to order the expenditure of public funds to provide treatment. However, if a person ordered to participate in such a program is indigent, the court may allow the person, subject to availability of services, to enter any program that provides the treatment without cost to an individual. When making a finding as to the indigency of an accused, the court shall take into consideration: (A) The nature of the program services rendered; (B) The usual and customary charges for rendering such program services in the community; (C) The income of the person regardless of source; (D) The poverty level guidelines compiled and published by the United States department of labor; (E) The ownership or equity of any real or personal property of the person; and (F) Any other circumstances presented to the court that are relevant to the issue of indigency. (2) If a person ordered to participate is not indigent and participates in a program that provides treatment without cost to an individual, that person shall be obligated to pay for treatment in the same manner as provided in § 33-2-1102 . If a person ordered to participate, participates in a court approved private treatment program, that person shall be responsible for the cost and fees involved with the program. (k) If a person commits a second or third violation of § 55-10-401 prior to July 1, 2014, but the conviction for such offense does not occur until after July 1, 2014, the person shall elect to the judge at the time of conviction whether to come within chapter 902 of the Public Acts of 2014, or be sentenced in accordance with the law in effect at the time the offense was committed. Amended by 2024 Tenn. Acts, ch. 1011,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 774,s 1, eff. 4/23/2024. Amended by 2023 Tenn. Acts, ch. 416, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 116, s 5, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 116, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 386, s 1, eff. 5/11/2021. Amended by 2019 Tenn. Acts, ch. 505, s 7, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 486, s 11, s 13 eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 505, s 8, eff. 7/1/2019. Amended by 2016 Tenn. Acts, ch. 993, s 1, s 16 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 876, s 1, s 14 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 653, s 1, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 126, s 2, eff. 4/9/2015. Amended by 2014 Tenn. Acts, ch. 902, s 2, s 3, s 4 eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 902, s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 154, s 2, eff. 7/1/2013. Acts 1953, ch. 202, § 4 (Williams, § 10830.5); T.C.A. (orig. ed.), § 59-1034; Acts 2012 , ch. 893, § 1.
(a) (1) (A) Any person violating § 55-10-401 , shall, upon conviction for the first offense, be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days. (B) Any person violating § 55-10-401 , upon conviction for the first offense with a blood alcohol concentration of fifteen-hundredths of one percent (0.15%) or more, shall serve a minimum of seven (7) consecutive days rather than forty-eight (48) hours. (2) (A) Any person violating § 55-10-401 , shall, upon conviction for second offense, be sentenced to serve in the county jail or workhouse not less than forty-five (45) consecutive days nor more than eleven (11) months and twenty-nine (29) days. (B) After sentencing the person to a period of confinement pursuant to subdivision (a)(2)(A), as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (i) Completes a clinical substance abuse assessment conducted pursuant to subsection (h); and (ii) Serves at least seventeen (17) days of the period of incarceration imposed in the county jail or workhouse. (3) (A) Any person violating § 55-10-401 , shall, upon conviction for third offense, be sentenced to serve in the county jail or workhouse not less than one hundred twenty (120) consecutive days nor more than eleven (11) months and twenty-nine (29) days. (B) After sentencing the person to a period of confinement pursuant to subdivision (a)(3)(A), as a condition of probation the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (i) Completes a clinical substance abuse assessment conducted pursuant to subsection (h); and (ii) Serves at least sixty-five (65) days of the period of incarceration imposed in the county jail or workhouse. (4) Any person violating § 55-10-401 , upon conviction for a fourth offense, shall be sentenced as a felon to serve not less than one hundred fifty (150) consecutive days nor more than the maximum punishment authorized for the appropriate range of a Class E felony. (5) (A) Any person violating § 55-10-401 , upon conviction for a fifth offense, shall be sentenced as a Class D felon and shall be sentenced to serve not less than the minimum sentence of imprisonment established in subdivision (a)(4) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class D felony. This subdivision (a)(5) applies if the person: (i) Has at least four (4) previous convictions for violations of § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) ; (ii) Commits a fifth violation of § 55-10-401 ; and (iii) Commits the fifth violation on or after July 1, 2019. (B) In addition to the required term of imprisonment for a fifth offense, all of the collateral consequences of a violation of § 55-10-401 , including a fine, forfeiture, driver license suspension or revocation, interlock, transdermal, and other monitoring devices, substance abuse assessments, in-patient or out-patient treatment, drug court or DUI court, and conditions of probation shall also apply to a fifth offender. (6) (A) A sixth or subsequent conviction for violating § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) , is a Class C felony and any person sentenced under this subdivision (a)(6) shall be sentenced to serve no less than the minimum sentence of imprisonment established in subdivision (a)(4) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class C felony. For this subdivision (a)(6) to be applicable, the person shall: (i) Have at least five (5) previous convictions for violations of § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) ; (ii) Commit a sixth or subsequent violation of § 55-10-401 ; and (iii) Commit the sixth or subsequent violation on or after July 1, 2016. (B) In addition to the required term of imprisonment for a sixth or subsequent offense, all of the collateral consequences of a violation of § 55-10-401 , including a fine, forfeiture, driver license suspension or revocation, interlock, transdermal, and other monitoring devices, substance abuse assessments, in-patient or out-patient treatment, drug court or DUI court, and conditions of probation shall also apply to a sixth or subsequent offender.
(1) (A) Any person violating § 55-10-401 , shall, upon conviction for the first offense, be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days. (B) Any person violating § 55-10-401 , upon conviction for the first offense with a blood alcohol concentration of fifteen-hundredths of one percent (0.15%) or more, shall serve a minimum of seven (7) consecutive days rather than forty-eight (48) hours.
(A) Any person violating § 55-10-401 , shall, upon conviction for the first offense, be sentenced to serve in the county jail or workhouse not less than forty-eight (48) consecutive hours nor more than eleven (11) months and twenty-nine (29) days.
(B) Any person violating § 55-10-401 , upon conviction for the first offense with a blood alcohol concentration of fifteen-hundredths of one percent (0.15%) or more, shall serve a minimum of seven (7) consecutive days rather than forty-eight (48) hours.
(2) (A) Any person violating § 55-10-401 , shall, upon conviction for second offense, be sentenced to serve in the county jail or workhouse not less than forty-five (45) consecutive days nor more than eleven (11) months and twenty-nine (29) days. (B) After sentencing the person to a period of confinement pursuant to subdivision (a)(2)(A), as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (i) Completes a clinical substance abuse assessment conducted pursuant to subsection (h); and (ii) Serves at least seventeen (17) days of the period of incarceration imposed in the county jail or workhouse.
(A) Any person violating § 55-10-401 , shall, upon conviction for second offense, be sentenced to serve in the county jail or workhouse not less than forty-five (45) consecutive days nor more than eleven (11) months and twenty-nine (29) days.
(B) After sentencing the person to a period of confinement pursuant to subdivision (a)(2)(A), as a condition of probation, the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (i) Completes a clinical substance abuse assessment conducted pursuant to subsection (h); and (ii) Serves at least seventeen (17) days of the period of incarceration imposed in the county jail or workhouse.
(i) Completes a clinical substance abuse assessment conducted pursuant to subsection (h); and
(ii) Serves at least seventeen (17) days of the period of incarceration imposed in the county jail or workhouse.
(3) (A) Any person violating § 55-10-401 , shall, upon conviction for third offense, be sentenced to serve in the county jail or workhouse not less than one hundred twenty (120) consecutive days nor more than eleven (11) months and twenty-nine (29) days. (B) After sentencing the person to a period of confinement pursuant to subdivision (a)(3)(A), as a condition of probation the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (i) Completes a clinical substance abuse assessment conducted pursuant to subsection (h); and (ii) Serves at least sixty-five (65) days of the period of incarceration imposed in the county jail or workhouse.
(A) Any person violating § 55-10-401 , shall, upon conviction for third offense, be sentenced to serve in the county jail or workhouse not less than one hundred twenty (120) consecutive days nor more than eleven (11) months and twenty-nine (29) days.
(B) After sentencing the person to a period of confinement pursuant to subdivision (a)(3)(A), as a condition of probation the judge may order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the treatment program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first: (i) Completes a clinical substance abuse assessment conducted pursuant to subsection (h); and (ii) Serves at least sixty-five (65) days of the period of incarceration imposed in the county jail or workhouse.
(i) Completes a clinical substance abuse assessment conducted pursuant to subsection (h); and
(ii) Serves at least sixty-five (65) days of the period of incarceration imposed in the county jail or workhouse.
(4) Any person violating § 55-10-401 , upon conviction for a fourth offense, shall be sentenced as a felon to serve not less than one hundred fifty (150) consecutive days nor more than the maximum punishment authorized for the appropriate range of a Class E felony.
(5) (A) Any person violating § 55-10-401 , upon conviction for a fifth offense, shall be sentenced as a Class D felon and shall be sentenced to serve not less than the minimum sentence of imprisonment established in subdivision (a)(4) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class D felony. This subdivision (a)(5) applies if the person: (i) Has at least four (4) previous convictions for violations of § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) ; (ii) Commits a fifth violation of § 55-10-401 ; and (iii) Commits the fifth violation on or after July 1, 2019. (B) In addition to the required term of imprisonment for a fifth offense, all of the collateral consequences of a violation of § 55-10-401 , including a fine, forfeiture, driver license suspension or revocation, interlock, transdermal, and other monitoring devices, substance abuse assessments, in-patient or out-patient treatment, drug court or DUI court, and conditions of probation shall also apply to a fifth offender.
(A) Any person violating § 55-10-401 , upon conviction for a fifth offense, shall be sentenced as a Class D felon and shall be sentenced to serve not less than the minimum sentence of imprisonment established in subdivision (a)(4) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class D felony. This subdivision (a)(5) applies if the person: (i) Has at least four (4) previous convictions for violations of § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) ; (ii) Commits a fifth violation of § 55-10-401 ; and (iii) Commits the fifth violation on or after July 1, 2019.
(i) Has at least four (4) previous convictions for violations of § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) ;
(ii) Commits a fifth violation of § 55-10-401 ; and
(iii) Commits the fifth violation on or after July 1, 2019.
(B) In addition to the required term of imprisonment for a fifth offense, all of the collateral consequences of a violation of § 55-10-401 , including a fine, forfeiture, driver license suspension or revocation, interlock, transdermal, and other monitoring devices, substance abuse assessments, in-patient or out-patient treatment, drug court or DUI court, and conditions of probation shall also apply to a fifth offender.
(6) (A) A sixth or subsequent conviction for violating § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) , is a Class C felony and any person sentenced under this subdivision (a)(6) shall be sentenced to serve no less than the minimum sentence of imprisonment established in subdivision (a)(4) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class C felony. For this subdivision (a)(6) to be applicable, the person shall: (i) Have at least five (5) previous convictions for violations of § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) ; (ii) Commit a sixth or subsequent violation of § 55-10-401 ; and (iii) Commit the sixth or subsequent violation on or after July 1, 2016. (B) In addition to the required term of imprisonment for a sixth or subsequent offense, all of the collateral consequences of a violation of § 55-10-401 , including a fine, forfeiture, driver license suspension or revocation, interlock, transdermal, and other monitoring devices, substance abuse assessments, in-patient or out-patient treatment, drug court or DUI court, and conditions of probation shall also apply to a sixth or subsequent offender.
(A) A sixth or subsequent conviction for violating § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) , is a Class C felony and any person sentenced under this subdivision (a)(6) shall be sentenced to serve no less than the minimum sentence of imprisonment established in subdivision (a)(4) for a fourth offender, and not more than the maximum punishment authorized for the appropriate range of a Class C felony. For this subdivision (a)(6) to be applicable, the person shall: (i) Have at least five (5) previous convictions for violations of § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) ; (ii) Commit a sixth or subsequent violation of § 55-10-401 ; and (iii) Commit the sixth or subsequent violation on or after July 1, 2016.
(i) Have at least five (5) previous convictions for violations of § 55-10-401 , or any other applicable prior conviction as described in § 55-10-405(c) ;
(ii) Commit a sixth or subsequent violation of § 55-10-401 ; and
(iii) Commit the sixth or subsequent violation on or after July 1, 2016.
(B) In addition to the required term of imprisonment for a sixth or subsequent offense, all of the collateral consequences of a violation of § 55-10-401 , including a fine, forfeiture, driver license suspension or revocation, interlock, transdermal, and other monitoring devices, substance abuse assessments, in-patient or out-patient treatment, drug court or DUI court, and conditions of probation shall also apply to a sixth or subsequent offender.
(b) (1) If a person is convicted of a violation of § 55-10-401 , and at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, the person's sentence shall be enhanced by a mandatory minimum period of incarceration of thirty (30) days. The incarceration enhancement shall be served in addition to any period of incarceration received for the violation of § 55-10-401 . (2) Notwithstanding subsection (a), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child suffers serious bodily injury as the proximate result of the violation of § 55-10-401 , the person commits a Class D felony and shall be punished as provided in § 39-13-106 , for vehicular assault. (3) Notwithstanding subsection (a), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child is killed as the proximate result of the violation of § 55-10-401 , the person commits a Class B felony and shall be punished as provided in § 39-13-213(b)(2) , for vehicular homicide involving intoxication.
(1) If a person is convicted of a violation of § 55-10-401 , and at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, the person's sentence shall be enhanced by a mandatory minimum period of incarceration of thirty (30) days. The incarceration enhancement shall be served in addition to any period of incarceration received for the violation of § 55-10-401 .
(2) Notwithstanding subsection (a), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child suffers serious bodily injury as the proximate result of the violation of § 55-10-401 , the person commits a Class D felony and shall be punished as provided in § 39-13-106 , for vehicular assault.
(3) Notwithstanding subsection (a), if, at the time of the offense, the person was accompanied by a child under eighteen (18) years of age, and the child is killed as the proximate result of the violation of § 55-10-401 , the person commits a Class B felony and shall be punished as provided in § 39-13-213(b)(2) , for vehicular homicide involving intoxication.
(c) Subdivisions (b)(1)-(3) constitute an enhanced sentence, not a new offense.
(d) (1) 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 § 55-10-401 to remove litter from the state highway system, public playgrounds, public parks or other appropriate locations for any prescribed period or to work in 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 the person's regular hours of employment. (2) (A) The court may order any person convicted of a violation of § 55-10-401 to be subject to monitoring using one (1) or more of the following: (i) Transdermal monitoring device or other alternative alcohol or drug monitoring device; (ii) Electronic monitoring with random alcohol or drug testing; (iii) Global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or (iv) Any other monitoring device the court believes necessary to ensure the person complies with the conditions of probation and, if applicable, the results of the clinical substance abuse assessment. (B) If the court orders a person to be subject to monitoring as provided in subdivision (d)(2)(A), the court, the department of correction, or any other agency, department, program, group, private entity, or association that is responsible for the supervision of such person shall: (i) Require periodic reporting by the person for verification of the proper operation of the monitoring device; (ii) Require the person to have the device monitored for proper use and accuracy by an entity approved by the supervising entity at least every thirty (30) days, or more frequently as the circumstances may require; and (iii) Immediately notify the court of any of the person's violations of this subdivision (d)(2), which shall be considered a violation of the conditions of probation. (3) Notwithstanding this part to the contrary, a person violating § 55-10-401 , upon conviction for a third or subsequent offense, shall pay all costs associated with an ignition interlock device, transdermal monitoring device, global positioning monitoring system, or any other monitoring device and is not eligible for electronic monitoring indigency fund assistance under this part, regardless of whether the person is indigent.
(1) 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 § 55-10-401 to remove litter from the state highway system, public playgrounds, public parks or other appropriate locations for any prescribed period or to work in 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 the person's regular hours of employment.
(2) (A) The court may order any person convicted of a violation of § 55-10-401 to be subject to monitoring using one (1) or more of the following: (i) Transdermal monitoring device or other alternative alcohol or drug monitoring device; (ii) Electronic monitoring with random alcohol or drug testing; (iii) Global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or (iv) Any other monitoring device the court believes necessary to ensure the person complies with the conditions of probation and, if applicable, the results of the clinical substance abuse assessment. (B) If the court orders a person to be subject to monitoring as provided in subdivision (d)(2)(A), the court, the department of correction, or any other agency, department, program, group, private entity, or association that is responsible for the supervision of such person shall: (i) Require periodic reporting by the person for verification of the proper operation of the monitoring device; (ii) Require the person to have the device monitored for proper use and accuracy by an entity approved by the supervising entity at least every thirty (30) days, or more frequently as the circumstances may require; and (iii) Immediately notify the court of any of the person's violations of this subdivision (d)(2), which shall be considered a violation of the conditions of probation.
(A) The court may order any person convicted of a violation of § 55-10-401 to be subject to monitoring using one (1) or more of the following: (i) Transdermal monitoring device or other alternative alcohol or drug monitoring device; (ii) Electronic monitoring with random alcohol or drug testing; (iii) Global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or (iv) Any other monitoring device the court believes necessary to ensure the person complies with the conditions of probation and, if applicable, the results of the clinical substance abuse assessment.
(i) Transdermal monitoring device or other alternative alcohol or drug monitoring device;
(ii) Electronic monitoring with random alcohol or drug testing;
(iii) Global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or
(iv) Any other monitoring device the court believes necessary to ensure the person complies with the conditions of probation and, if applicable, the results of the clinical substance abuse assessment.
(B) If the court orders a person to be subject to monitoring as provided in subdivision (d)(2)(A), the court, the department of correction, or any other agency, department, program, group, private entity, or association that is responsible for the supervision of such person shall: (i) Require periodic reporting by the person for verification of the proper operation of the monitoring device; (ii) Require the person to have the device monitored for proper use and accuracy by an entity approved by the supervising entity at least every thirty (30) days, or more frequently as the circumstances may require; and (iii) Immediately notify the court of any of the person's violations of this subdivision (d)(2), which shall be considered a violation of the conditions of probation.
(i) Require periodic reporting by the person for verification of the proper operation of the monitoring device;
(ii) Require the person to have the device monitored for proper use and accuracy by an entity approved by the supervising entity at least every thirty (30) days, or more frequently as the circumstances may require; and
(iii) Immediately notify the court of any of the person's violations of this subdivision (d)(2), which shall be considered a violation of the conditions of probation.
(3) Notwithstanding this part to the contrary, a person violating § 55-10-401 , upon conviction for a third or subsequent offense, shall pay all costs associated with an ignition interlock device, transdermal monitoring device, global positioning monitoring system, or any other monitoring device and is not eligible for electronic monitoring indigency fund assistance under this part, regardless of whether the person is indigent.
(e) All persons sentenced under this part shall, in addition to service of at least the minimum sentence, be required to serve the difference between the time actually served and the maximum sentence on probation.
(f) (1) An offender sentenced to a period of incarceration for a violation of § 55-10-401 , shall be required to commence service of the sentence within thirty (30) days of conviction or, if space is not immediately available in the appropriate municipal or county jail or workhouse within such time, as soon as such space is available. (2) (A) As used in this subsection (f), "alternative facilities" include, but are not limited to, vacant schools or office buildings or any other building or structure that would be suitable for housing DUI offenders for short periods of time on an as-needed basis and licensed through the department of mental health and substance abuse services for the state. (B) The court may authorize the use of alternative facilities for the incarceration of an offender convicted of a violation of § 55-10-401 and sentenced pursuant to subdivision (a)(1). (C) (i) The court may approve a private, appropriately licensed substance abuse treatment program as an "alternative facility." If a person is ordered to participate in a court-approved private, appropriately licensed substance abuse treatment program, then that person shall be responsible for the cost and fees involved with the program, whether it be a prepayment or pay as you go program. The court does not have the authority to order the expenditure of public funds to provide for participation in such a program. However, if a person ordered to participate in such a program is indigent, the court may allow the person, subject to availability of services, to enter any program that provides the treatment without cost to an individual. (ii) A local governmental entity is immune from liability for a cause of action or claim for damages arising out of a person's participation in a private, appropriately licensed substance abuse treatment program approved by the court as an alternative facility under this subdivision (f)(2)(C). (3) Nothing in this subsection (f) shall be construed to give an offender a right to serve a sentence for a violation of § 55-10-401 , in an alternative facility or within a specified period of time. Failure of a sheriff or chief administrative officer of a jail to require an offender to serve the sentence within a certain period of time or in a certain facility or type of facility shall have no effect upon the validity of the sentence.
(1) An offender sentenced to a period of incarceration for a violation of § 55-10-401 , shall be required to commence service of the sentence within thirty (30) days of conviction or, if space is not immediately available in the appropriate municipal or county jail or workhouse within such time, as soon as such space is available.
(2) (A) As used in this subsection (f), "alternative facilities" include, but are not limited to, vacant schools or office buildings or any other building or structure that would be suitable for housing DUI offenders for short periods of time on an as-needed basis and licensed through the department of mental health and substance abuse services for the state. (B) The court may authorize the use of alternative facilities for the incarceration of an offender convicted of a violation of § 55-10-401 and sentenced pursuant to subdivision (a)(1). (C) (i) The court may approve a private, appropriately licensed substance abuse treatment program as an "alternative facility." If a person is ordered to participate in a court-approved private, appropriately licensed substance abuse treatment program, then that person shall be responsible for the cost and fees involved with the program, whether it be a prepayment or pay as you go program. The court does not have the authority to order the expenditure of public funds to provide for participation in such a program. However, if a person ordered to participate in such a program is indigent, the court may allow the person, subject to availability of services, to enter any program that provides the treatment without cost to an individual. (ii) A local governmental entity is immune from liability for a cause of action or claim for damages arising out of a person's participation in a private, appropriately licensed substance abuse treatment program approved by the court as an alternative facility under this subdivision (f)(2)(C).
(A) As used in this subsection (f), "alternative facilities" include, but are not limited to, vacant schools or office buildings or any other building or structure that would be suitable for housing DUI offenders for short periods of time on an as-needed basis and licensed through the department of mental health and substance abuse services for the state.
(B) The court may authorize the use of alternative facilities for the incarceration of an offender convicted of a violation of § 55-10-401 and sentenced pursuant to subdivision (a)(1).
(C) (i) The court may approve a private, appropriately licensed substance abuse treatment program as an "alternative facility." If a person is ordered to participate in a court-approved private, appropriately licensed substance abuse treatment program, then that person shall be responsible for the cost and fees involved with the program, whether it be a prepayment or pay as you go program. The court does not have the authority to order the expenditure of public funds to provide for participation in such a program. However, if a person ordered to participate in such a program is indigent, the court may allow the person, subject to availability of services, to enter any program that provides the treatment without cost to an individual. (ii) A local governmental entity is immune from liability for a cause of action or claim for damages arising out of a person's participation in a private, appropriately licensed substance abuse treatment program approved by the court as an alternative facility under this subdivision (f)(2)(C).
(i) The court may approve a private, appropriately licensed substance abuse treatment program as an "alternative facility." If a person is ordered to participate in a court-approved private, appropriately licensed substance abuse treatment program, then that person shall be responsible for the cost and fees involved with the program, whether it be a prepayment or pay as you go program. The court does not have the authority to order the expenditure of public funds to provide for participation in such a program. However, if a person ordered to participate in such a program is indigent, the court may allow the person, subject to availability of services, to enter any program that provides the treatment without cost to an individual.
(ii) A local governmental entity is immune from liability for a cause of action or claim for damages arising out of a person's participation in a private, appropriately licensed substance abuse treatment program approved by the court as an alternative facility under this subdivision (f)(2)(C).
(3) Nothing in this subsection (f) shall be construed to give an offender a right to serve a sentence for a violation of § 55-10-401 , in an alternative facility or within a specified period of time. Failure of a sheriff or chief administrative officer of a jail to require an offender to serve the sentence within a certain period of time or in a certain facility or type of facility shall have no effect upon the validity of the sentence.
(g) [Deleted by 2023 amendment.]
(h) (1) The clinical substance abuse assessment required before a person is ordered to participate in a substance abuse treatment program as a condition of probation pursuant to subdivisions (a)(2) or (a)(3), shall be administered to the person by qualified alcohol and drug abuse treatment personnel, as that term is defined by rules promulgated by the department of mental health and substance abuse services. If the assessment determines the person is in need of substance abuse treatment, the court may, using the assessment to determine the appropriate level of care, order the person referred to an appropriate substance abuse treatment program licensed or certified by the department of mental health and substance abuse services, including a certified drug court or DUI court. (2) A person ordered to attend a substance abuse treatment program pursuant to subdivisions (a)(2) or (a)(3) shall receive sentence reduction credits from the period of incarceration imposed by the court as follows: (A) Day-for-day credit for the period of time the person spends in a residential treatment program; and (B) One (1) day of credit for every nine (9) hours of successfully completed intensive outpatient treatment. (3) (A) Upon the successful completion of the substance abuse treatment program, the program provider shall notify the court of the fact that treatment was successfully completed and the number of days the person spent in residential treatment, or the number of hours spent in intensive outpatient treatment, whichever is applicable. The court shall calculate the sentence reduction credits the person has earned based upon the service provider's report. (B) If the person ceases to attend the substance abuse treatment program, the service provider shall notify the court of the person's absence within three (3) business days of the date the provider knew or should have known of such absence. If the person fails to successfully complete the program for any other reason, the provider shall notify the court of such failure. (4) A person who does not successfully complete the substance abuse treatment program to which the person is ordered is in violation of the person's probation, and the court shall order the person committed to the county jail or workhouse for service of the full period of the mandatory minimum confinement required by law and any portion of confinement in excess of the minimum imposed by the court that the court deems necessary. The person shall receive no sentence reduction credits for any time spent in the substance abuse treatment program prior to failure to complete the program. (5) Upon successful completion of a substance abuse treatment program, the person shall be required to report to the county jail or workhouse to serve the remainder of any mandatory period of confinement required by law and imposed by the court. Failure to do so is a violation of the person's probation. (6) If a person voluntarily attends residential treatment after arrest but before sentencing, the person may receive sentence reduction credits for completion of residential treatment if the person is ordered to treatment by the judge as a condition of probation. However, before commencing any court-ordered treatment program, the person must undergo a clinical substance abuse assessment as provided in subdivision (h)(1), serve the mandatory minimum sentence provided in subdivision (a)(2)(B) or (a)(3)(B), and follow the recommendations of the assessment. (7) If the court orders intensive outpatient treatment, it may also order: (A) The use of transdermal monitoring devices or other alternative alcohol or drug monitoring devices. If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a device for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a device that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 ; (B) The use of electronic monitoring with random alcohol or drug testing; (C) The use of a global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or (D) The use of any other monitoring device the court believes necessary to ensure the person complies with the results of the assessment and the conditions of probation.
(1) The clinical substance abuse assessment required before a person is ordered to participate in a substance abuse treatment program as a condition of probation pursuant to subdivisions (a)(2) or (a)(3), shall be administered to the person by qualified alcohol and drug abuse treatment personnel, as that term is defined by rules promulgated by the department of mental health and substance abuse services. If the assessment determines the person is in need of substance abuse treatment, the court may, using the assessment to determine the appropriate level of care, order the person referred to an appropriate substance abuse treatment program licensed or certified by the department of mental health and substance abuse services, including a certified drug court or DUI court.
(2) A person ordered to attend a substance abuse treatment program pursuant to subdivisions (a)(2) or (a)(3) shall receive sentence reduction credits from the period of incarceration imposed by the court as follows: (A) Day-for-day credit for the period of time the person spends in a residential treatment program; and (B) One (1) day of credit for every nine (9) hours of successfully completed intensive outpatient treatment.
(A) Day-for-day credit for the period of time the person spends in a residential treatment program; and
(B) One (1) day of credit for every nine (9) hours of successfully completed intensive outpatient treatment.
(3) (A) Upon the successful completion of the substance abuse treatment program, the program provider shall notify the court of the fact that treatment was successfully completed and the number of days the person spent in residential treatment, or the number of hours spent in intensive outpatient treatment, whichever is applicable. The court shall calculate the sentence reduction credits the person has earned based upon the service provider's report. (B) If the person ceases to attend the substance abuse treatment program, the service provider shall notify the court of the person's absence within three (3) business days of the date the provider knew or should have known of such absence. If the person fails to successfully complete the program for any other reason, the provider shall notify the court of such failure.
(A) Upon the successful completion of the substance abuse treatment program, the program provider shall notify the court of the fact that treatment was successfully completed and the number of days the person spent in residential treatment, or the number of hours spent in intensive outpatient treatment, whichever is applicable. The court shall calculate the sentence reduction credits the person has earned based upon the service provider's report.
(B) If the person ceases to attend the substance abuse treatment program, the service provider shall notify the court of the person's absence within three (3) business days of the date the provider knew or should have known of such absence. If the person fails to successfully complete the program for any other reason, the provider shall notify the court of such failure.
(4) A person who does not successfully complete the substance abuse treatment program to which the person is ordered is in violation of the person's probation, and the court shall order the person committed to the county jail or workhouse for service of the full period of the mandatory minimum confinement required by law and any portion of confinement in excess of the minimum imposed by the court that the court deems necessary. The person shall receive no sentence reduction credits for any time spent in the substance abuse treatment program prior to failure to complete the program.
(5) Upon successful completion of a substance abuse treatment program, the person shall be required to report to the county jail or workhouse to serve the remainder of any mandatory period of confinement required by law and imposed by the court. Failure to do so is a violation of the person's probation.
(6) If a person voluntarily attends residential treatment after arrest but before sentencing, the person may receive sentence reduction credits for completion of residential treatment if the person is ordered to treatment by the judge as a condition of probation. However, before commencing any court-ordered treatment program, the person must undergo a clinical substance abuse assessment as provided in subdivision (h)(1), serve the mandatory minimum sentence provided in subdivision (a)(2)(B) or (a)(3)(B), and follow the recommendations of the assessment.
(7) If the court orders intensive outpatient treatment, it may also order: (A) The use of transdermal monitoring devices or other alternative alcohol or drug monitoring devices. If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a device for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a device that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 ; (B) The use of electronic monitoring with random alcohol or drug testing; (C) The use of a global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or (D) The use of any other monitoring device the court believes necessary to ensure the person complies with the results of the assessment and the conditions of probation.
(A) The use of transdermal monitoring devices or other alternative alcohol or drug monitoring devices. If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a device for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a device that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 ;
(B) The use of electronic monitoring with random alcohol or drug testing;
(C) The use of a global positioning monitoring system, as defined in § 40-11-152 . If the court determines that the person is indigent, the court shall order the person to pay any portion of the costs of such a system for which the person has the ability to pay, as determined by the court. Any portion of the costs of such a system that the person is unable to pay shall come from the electronic monitoring indigency fund established pursuant to § 55-10-419 , subject to the availability of funds; or
(D) The use of any other monitoring device the court believes necessary to ensure the person complies with the results of the assessment and the conditions of probation.
(i) (1) Ordering a person to treatment as a condition of probation pursuant to subdivision (a)(2), (a)(3), and subsection (h) for a second or third violation of § 55-10-401 is solely within the discretion of the judge as an available sentencing option. Failure to grant such person such treatment is not appealable, except for abuse of discretion. (2) Nothing in this section shall be construed as creating a right for a person convicted of a second or third violation of § 55-10-401 to receive: (A) A clinical substance abuse assessment; (B) Intensive outpatient treatment; (C) Residential treatment; (D) Enrollment in a state certified treatment program, including drug court or DUI court; or (E) Any sentence reduction credits for substance abuse treatment that would reduce the period of incarceration imposed by the court other than those earned and retained pursuant to subdivision (h)(2)(A) and (B). (3) (A) Nothing in this section authorizing a judge to order any of the options specified in subdivision (i)(2) shall be construed to affect or limit any restrictions a judge may place or is required to place on a person convicted of a second or third violation of § 55-10-401 by other provisions of law, including the use of an ignition interlock device under § 55-10-409 . (B) This section governs those instances in which a person is convicted of a second or third violation of § 55-10-401 and the judge chooses to order the person to participate in a substance abuse treatment program as a condition of probation pursuant to this section. In those instances in which the person is a second or third offender but the judge declines to order treatment pursuant to this section, or in which the person is convicted of a first or fourth or subsequent violation of § 55-10-401 , § 55-10-410 applies.
(1) Ordering a person to treatment as a condition of probation pursuant to subdivision (a)(2), (a)(3), and subsection (h) for a second or third violation of § 55-10-401 is solely within the discretion of the judge as an available sentencing option. Failure to grant such person such treatment is not appealable, except for abuse of discretion.
(2) Nothing in this section shall be construed as creating a right for a person convicted of a second or third violation of § 55-10-401 to receive: (A) A clinical substance abuse assessment; (B) Intensive outpatient treatment; (C) Residential treatment; (D) Enrollment in a state certified treatment program, including drug court or DUI court; or (E) Any sentence reduction credits for substance abuse treatment that would reduce the period of incarceration imposed by the court other than those earned and retained pursuant to subdivision (h)(2)(A) and (B).
(A) A clinical substance abuse assessment;
(B) Intensive outpatient treatment;
(C) Residential treatment;
(D) Enrollment in a state certified treatment program, including drug court or DUI court; or
(E) Any sentence reduction credits for substance abuse treatment that would reduce the period of incarceration imposed by the court other than those earned and retained pursuant to subdivision (h)(2)(A) and (B).
(3) (A) Nothing in this section authorizing a judge to order any of the options specified in subdivision (i)(2) shall be construed to affect or limit any restrictions a judge may place or is required to place on a person convicted of a second or third violation of § 55-10-401 by other provisions of law, including the use of an ignition interlock device under § 55-10-409 . (B) This section governs those instances in which a person is convicted of a second or third violation of § 55-10-401 and the judge chooses to order the person to participate in a substance abuse treatment program as a condition of probation pursuant to this section. In those instances in which the person is a second or third offender but the judge declines to order treatment pursuant to this section, or in which the person is convicted of a first or fourth or subsequent violation of § 55-10-401 , § 55-10-410 applies.
(A) Nothing in this section authorizing a judge to order any of the options specified in subdivision (i)(2) shall be construed to affect or limit any restrictions a judge may place or is required to place on a person convicted of a second or third violation of § 55-10-401 by other provisions of law, including the use of an ignition interlock device under § 55-10-409 .
(B) This section governs those instances in which a person is convicted of a second or third violation of § 55-10-401 and the judge chooses to order the person to participate in a substance abuse treatment program as a condition of probation pursuant to this section. In those instances in which the person is a second or third offender but the judge declines to order treatment pursuant to this section, or in which the person is convicted of a first or fourth or subsequent violation of § 55-10-401 , § 55-10-410 applies.
(j) (1) The court is not empowered to order the expenditure of public funds to provide treatment. However, if a person ordered to participate in such a program is indigent, the court may allow the person, subject to availability of services, to enter any program that provides the treatment without cost to an individual. When making a finding as to the indigency of an accused, the court shall take into consideration: (A) The nature of the program services rendered; (B) The usual and customary charges for rendering such program services in the community; (C) The income of the person regardless of source; (D) The poverty level guidelines compiled and published by the United States department of labor; (E) The ownership or equity of any real or personal property of the person; and (F) Any other circumstances presented to the court that are relevant to the issue of indigency. (2) If a person ordered to participate is not indigent and participates in a program that provides treatment without cost to an individual, that person shall be obligated to pay for treatment in the same manner as provided in § 33-2-1102 . If a person ordered to participate, participates in a court approved private treatment program, that person shall be responsible for the cost and fees involved with the program.
(1) The court is not empowered to order the expenditure of public funds to provide treatment. However, if a person ordered to participate in such a program is indigent, the court may allow the person, subject to availability of services, to enter any program that provides the treatment without cost to an individual. When making a finding as to the indigency of an accused, the court shall take into consideration: (A) The nature of the program services rendered; (B) The usual and customary charges for rendering such program services in the community; (C) The income of the person regardless of source; (D) The poverty level guidelines compiled and published by the United States department of labor; (E) The ownership or equity of any real or personal property of the person; and (F) Any other circumstances presented to the court that are relevant to the issue of indigency.
(A) The nature of the program services rendered;
(B) The usual and customary charges for rendering such program services in the community;
(C) The income of the person regardless of source;
(D) The poverty level guidelines compiled and published by the United States department of labor;
(E) The ownership or equity of any real or personal property of the person; and
(F) Any other circumstances presented to the court that are relevant to the issue of indigency.
(2) If a person ordered to participate is not indigent and participates in a program that provides treatment without cost to an individual, that person shall be obligated to pay for treatment in the same manner as provided in § 33-2-1102 . If a person ordered to participate, participates in a court approved private treatment program, that person shall be responsible for the cost and fees involved with the program.
(k) If a person commits a second or third violation of § 55-10-401 prior to July 1, 2014, but the conviction for such offense does not occur until after July 1, 2014, the person shall elect to the judge at the time of conviction whether to come within chapter 902 of the Public Acts of 2014, or be sentenced in accordance with the law in effect at the time the offense was committed.
Amended by 2024 Tenn. Acts, ch. 1011,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 774,s 1, eff. 4/23/2024.
Amended by 2023 Tenn. Acts, ch. 416, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 116, s 5, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 116, s 1, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 386, s 1, eff. 5/11/2021.
Amended by 2019 Tenn. Acts, ch. 505, s 7, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 486, s 11, s 13 eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 505, s 8, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 993, s 1, s 16 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 876, s 1, s 14 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 653, s 1, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 126, s 2, eff. 4/9/2015.
Amended by 2014 Tenn. Acts, ch. 902, s 2, s 3, s 4 eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 902, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 154, s 2, eff. 7/1/2013.
Acts 1953, ch. 202, § 4 (Williams, § 10830.5); T.C.A. (orig. ed.), § 59-1034; Acts 2012 , ch. 893, § 1.
Tenn. Code Ann. § 55-12-212 — TN Code / Title 55 / Chapter 12 / Section 55-12-212
Certification that program installed and fully operational
Status: in_force

The program shall be installed and fully operational upon certification by the commissioner of revenue that the program has been successfully tested and is ready for implementation, but not later than January 1, 2017. Until such certification occurs, no law enforcement action shall be taken based on the program. Added by 2015 Tenn. Acts, ch. 511,s 1, eff. 1/1/2016.
The program shall be installed and fully operational upon certification by the commissioner of revenue that the program has been successfully tested and is ready for implementation, but not later than January 1, 2017. Until such certification occurs, no law enforcement action shall be taken based on the program.
Added by 2015 Tenn. Acts, ch. 511,s 1, eff. 1/1/2016.