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2017 Tennessee Code
Title 55 - Motor and Other Vehicles
Chapter 10 - Accidents, Arrests, Crimes and Penalties
Part 4 - Alcohol and Drug Related Offenses
§ 55-10-407. Penalty for violations of § 55-10-406.
Universal Citation: TN Code § 55-10-407 (2017)
- (a) If the court finds that the driver violated § 55-10-406, except as otherwise provided in this section, the driver shall not be considered as having committed a criminal offense; provided, however, that the court shall revoke the license of the driver for a period of:
- (1) One (1) year, if the person does not have a prior conviction as defined in subsection (f);
- (2) Two (2) years, if the person does have a prior conviction as defined in subsection (f);
- (3) Two (2) years, if the court finds that the driver involved in an accident, in which one (1) or more persons suffered serious bodily injury, violated § 55-10-406 by refusing to submit to such a test or tests; and
- (4) Five (5) years, if the court finds that the driver involved in an accident in which one (1) or more persons are killed, violated § 55-10-406 by refusing to submit to such a test or tests.
- (b) If the court or jury finds that the operator refuses to submit to a blood or breath test as required by § 55-10-406(b)(3), (c), (e)(2), or (e)(3), while driving on a license that was revoked, suspended, or cancelled due to a prior conviction as defined in § 55-10-405, the driver commits a Class A misdemeanor and shall be fined not more than one thousand dollars ($1,000), and shall be sentenced to a minimum mandatory jail or workhouse sentence of five (5) days, which shall be served consecutively, day for day, and which sentence cannot be suspended.
- (c) If a person's driver license is suspended for a violation of § 55-10-406 prior to the time the offense for which the driver was arrested is disposed of, the court disposing of such offense may order the department of safety to reinstate the license if:
- (1) The person's driver license is currently suspended for an implied consent violation and the offense for which the driver was arrested resulted from the same incident; and
- (2) The offense for which the person was arrested is dismissed by the court upon a finding that the law enforcement officer lacked sufficient cause to make the initial stop of the driver's vehicle.
- (d) The period of license suspension for a violation of § 55-10-406 shall run consecutive to the period of license suspension imposed following a conviction for § 55-10-401 if:
- (1) The general sessions court or trial court judge determines that the driver violated § 55-10-406; and
- (2) The judge determining the violation of § 55-10-406 finds that the driver has a conviction or juvenile delinquency adjudication for a violation that occurred within five (5) years of the violation of § 55-10-406 for:
- (A) Implied consent under § 55-10-406;
- (B) Underage driving while impaired under § 55-10-415;
- (C) The open container law under § 55-10-416; or
- (D) Reckless driving under § 55-10-205, if the charged offense was § 55-10-401.
- (e) Any person who violates § 55-10-406 by refusing to submit to either test or both tests, pursuant to § 55-10-406(d)(4), shall be charged by a separate warrant or citation that does not include any charge of violating § 55-10-401 that may arise from the same occurrence.
- (f)
- (1) For the purpose of determining license suspension period under subsection (a), a person who is convicted of a violation of § 55-10-401 shall not be considered a repeat or multiple offender and subject to the penalties prescribed in subsection (a) if ten (10) or more years have elapsed between the date of the present violation and the date of any immediately preceding violation of § 55-10-401 that resulted in a conviction for such offense. If, however, the date of a person's violation of § 55-10-401 is within ten (10) years of the date of the present violation, then the person shall be considered a multiple offender and is subject to the penalties imposed upon multiple offenders by this part. If a person is considered a multiple offender under this part, then every violation of § 55-10-401 that resulted in a conviction for such offense occurring within ten (10) years of the date of the immediately preceding violation shall be considered in determining the number of prior offenses. However, a violation occurring more than twenty (20) years from the date of the instant violation shall never be considered a prior offense for that purpose.
- (2) For the purpose of determining license suspension period under subsection (a), the state shall use a conviction for the offense of driving under the influence of an intoxicant, vehicular homicide involving an intoxicant or vehicular assault involving an intoxicant that occurred in another state.
- (3) For the purpose of determining the license suspension period under subsection (a), a prior conviction for the offense of vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), or aggravated vehicular homicide under § 39-13-218 shall be treated the same as a prior conviction for a violation of driving under the influence of an intoxicant under § 55-10-401.
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