Tennessee § 55-10-401 - Driving under the influence prohibited — Alcohol concentration in blood or breath.

§ 55-10-401. Driving under the influence prohibited — Alcohol concentration in blood or breath.

It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park, or apartment house complex, or any other premises that is generally frequented by the public at large, while: Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess; The alcohol concentration in the person's blood or breath is eight-hundredths of one percent (0.08%) or more; or With a blood alcohol concentration of four-hundredths of one percent (0.04%) or more and the vehicle is a commercial motor vehicle as defined in § 55-50-102. Acts 1953, ch. 202, § 1 (Williams, § 10830.2); Acts 1961, ch. 63, § 1; 1977, ch. 420, § 1; 1979, ch. 265, § 1; T.C.A. (orig. ed.), § 59-1031; Acts 1980, ch. 623, § 1; 1980, ch. 635, § 1; 1986, ch. 842, § 12; 1996, ch. 915, § 1; 2002, ch. 855, § 7; 2010, ch. 1015, § 1; 2012, ch. 848, § 58; 2013, ch. 154, § 1; 2015, ch. 126, § 1. Compiler's Notes. Acts 2010, ch. 921, § 14, provided that the administrative office of the courts shall develop and provide training to judges with jurisdiction over violations of § 55-10-401 to provide such judges with adequate knowledge to perform their duties under the act. Acts 2010, ch. 921, § 15, provided that the treasurer shall establish a method by which ignition interlock providers, as defined in § 55-10-412(a)(2) (now § 55-10-411(h)(3) ), are reimbursed from the interlock assistance fund for the payment of the costs associated with the lease, purchase, installation, removal and maintenance of ignition interlock devices for persons found to be indigent. Acts 2010, ch. 921, § 16, provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act. Cross-References. Alcohol abuse prevention, title 33, ch. 10, part 4. Appearance before magistrate required, § 55-10-203 . Applicability of criminal injuries compensation fund, § 40-24-107 . Citation in lieu of arrest chapter inapplicable to offense of driving under influence, § 7-63-107 . Criminal injuries compensation fund, § 40-24-107 . Drug abuse resistance education, title 49, ch. 1, part 4. Enforcement powers of department of safety, § 65-15-106 . Enumeration as state offense in areas with metropolitan governments, § 7-3-312 . Jurisdiction of sentencing court to grant furloughs, § 40-35-316 . Jurisdiction of sentencing court to order work release, § 40-35-315 . Memorandum of understanding, suspended prosecution, § 40-15-105 . Motor vehicle breath-alcohol ignition interlock devices, § 55-10-417 . Penalties for driving while intoxicated, § 55-10-403 . Prisoners who may apply for release, procedure, § 41-2-128 . Procedure for confiscation of property in cases of seizure of narcotic drugs or marijuana, § 53-11-201 . Procedure for seizing contraband in cases of seizure of tobacco products, § 67-4-1021 . Procedure for seizing contraband property in cases of seizure of alcoholic beverages, § 57-9-202 . Requirements for admission of results of breathalyzer, § 24-7-124 . Revocation of certificate of school bus driver, § 49-6-2108 . Underage driving while impaired, § 55-10-415 . Use of citations in lieu of arrest, § 40-7-118 . Vehicular assault, § 39-13-106 . Vehicular homicide, § 39-13-213 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 18.157, 27.111. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, §§ 9, 28, 32, 33, 35; 16 Tenn. Juris., Intoxicating Liquors, § 12. Tennessee Law of Evidence (2nd ed., Cohen, Paine and Sheppeard), § 401.23. Law Reviews. Balancing the Focus on Foreseeability: Cullum v. McCool and Tennessee's Test for Business Liability for Third Party Acts, 45 U. Mem. L. Rev. 751 (2015). Recent Developments, Constitutional Law — Right of Confrontation — Right of the DUI Defendant to Cross-Examine a Laboratory Technician, 54 Tenn. L. Rev. 525 (1987). Torts — Hurd v. Woolfork: The Public Duty Doctrine in Tennessee, 28 U. Mem. L. Rev. 1279 (1998). Attorney General Opinions. Constitutionality of a “per se blood-alcohol offense,” OAG 96-008, 1996 Tenn. AG LEXIS 8 (1/24/96). Constitutionality of proposed legislation to revoke driver's license of those refusing to take a blood alcohol test, OAG 96-048, 1996 Tenn. AG LEXIS 38 (3/14/96). Allocation of driving under the influence fines and court costs, OAG 97-073, 1997 Tenn. AG LEXIS 72 (5/19/97). Sentencing for child endangerment and DUI, OAG 99-165, 1999 Tenn. AG LEXIS 143 (8/19/99). The offense of driving on a license which is revoked as a result of a conviction for driving under the influence (DUI) can be used as a predicate for establishing habitual offender status when the predicate offense occurs more than one year after the underlying DUI conviction, and there is no limit on how long after the DUI conviction such an offense can be used as a predicate, subjecting the person to being adjudicated a habitual offender, OAG 02-042, 2002 Tenn. AG LEXIS 38 (4/9/02). A driver of a motorized riding lawnmower is subject to the prohibitions of T.C.A. § 55-10-401 , OAG 02-102, 2002 Tenn. AG LEXIS 107 (9/30/02). Driving under the influence (DUI) and child endangerment are separately punishable, and one is not a lesser-included offense of the other, OAG 04-013, 2004 Tenn. AG LEXIS 13 (2/05/04). A trial court is not required to impose consecutive sentences for dual convictions of driving under the influence (DUI) and child endangerment, OAG 04-013, 2004 Tenn. AG LEXIS 13 (2/05/04). Consecutive sentences for driving under the influence (DUI) and child endangerment would not violate double jeopardy guarantees of the state and federal constitutions, OAG 04-013, 2004 Tenn. AG LEXIS 13 (2/05/04).