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55-10-403. PENALTY FOR VIOLATIONS OF SECTIONS 55-10-401 - 55-10-404 - RESTRICTED LICENSE - STRIP SEARCHES.

SB 0582 HB 0043 - Enacted as Public Chapter 1018 (Effective 7/01/2008)

Recycling of litter removed by DUI offenders. Requires convicted of first offense DUI to spend a minimum of 48 hours in jail. Current law requires such offenders to spend a minimum of 24 hours in jail. Requires the DUI offender litter pick-up program to be administered by the county probation office. Current law requires the litter pick·up program to be administered by the county sheriff. Exempts counties with a probation office administered by the state Board of Probation and Parole from shifting the litter pick-up program from the sheriffs office. Authorizes litter removal crews to pick up litter on publicly-owned roadways or property in addition to state route highways or state-aid highways.

Public Chapter 855

Alcoholic Offenses - Decreases from .10 percent to .08 percent blood alcohol content required to commit offense of DUI; repeals offense of adult DWI, but permits use of prior convictions for certain purposes; requires drug and alcohol assessment and treatment and use of ignition interlock device for certain offenders; creates pilot program in Shelby County.- Amends TCA Title 40, Chapter 33, Part 2 and Title 55, Chapter 10, Part 4.

After several years of deliberation and refinement, in 2002, the general assembly enacted Public Chapter 855, which complies with the federal mandate that each state lower to .08 percent the amount of alcohol in a person's blood necessary to constitute the offense of DUI. This same public chapter also enacted other alcohol safety provisions required by the federal government.

DUI BLOOD ALCOHOL CONTENT/DWI PROVISIONS (EFFECTIVE JULY 1, 2003)

Under Public Chapter 855, the blood alcohol content (BAC) required for a per se DUI violation, and to create a presumption of impairment, will be reduced from .10 percent to .08 percent. The offense of adult driving while impaired (ADWI) will be repealed.

Existing convictions for ADWI will still be used for determining whether to issue a restricted license, enhancing the sentence for a second of subsequent DUI, determining the license revocation period for failure to submit to a BAC test, and determining whether an individual should be classified as an habitual motor vehicle offender.