Legal Question in DUI Law in Tennessee

1 - It is not a easy case to answer, because Tennessee made major changes in its DUI laws effective July 1, 2014 and July 1, 2014. The exact dates are important, and the defendant may volunteer to be sentenced under the new laws if he thinks it is more favorable to him than the old laws. Otherwise, old law applies.

2 - From what you have described, the General Sessions Court, either at his first appearance or no later than the bind-over to the grand jury, decided the Implied Consent violation (test refusal) as required by T.C.A. �55-10-406(c). That started a one year revocation of his Tennessee operators license even before the DUI charge was decided. That was a "civil" revocation, and he was not entitled to a jury verdict or appointed counsel.

3 - Then, when the case was settled (in Circuit Court?) the trial judge revoked your friend's license for one year following his conviction for DUI 1st offense, as required by T.C.A.�55-10-404(a)(1)(A).

4 - IF the Implied Consent violation was from the exact same time, date, place and circumstances of the DUI conviction, then the one year revocation began on the date the General Sessions Judge revoked the license. In other words, it "relates back," and the Tennessee Department of Safety will begin the running of the one year from the date he surrendered his license to the General Sessions Court. That effective date of revocation should have been noted on the judgment from the DUI.

5 - NOTE: Do not confuse a revocation imposed by the trial judge as a sentence for the DUI (which, if the conviction was for a "negotiated" 1st offense, would be for one year);

and the totally separate administrative authority of the Tennessee Department of Safety to revoke a license for two years upon receipt of judgments reflecting that a driver has twice been convicted of DUI within a ten year period. The revocation imposed by the court might be over, while the revocation imposed by the Department of Safety might remain in effect.

5 - IF he has moved to Georgia, then Georgia law applies as to any requirements for obtaining a valid Georgia license. As a general rule, each state honors any revocations and conditions imposed by any other state for so long as those restrictions remain in effect in the original state: "Revoked in One is Revoked in All." But Georgia might make a distinction in enforcing a revocation imposed by the Tennessee Department of Safety as opposed to enforcing a revocation imposed as the judgment of a court following a conviction of a crime.

6 - The requirements of Tennessee law for installation of a functioning alcohol ignition interlock devices are complex, have recently changed, vary by the date of the offense, and in the case of a "true second" offense, whether or not convicted of a "second" offense, the date of the earlier offense. The court can (and in some cases MUST) order that a functioning alcohol ignition interlock device be installed on his vehicle as a condition of obtaining an unrestricted license for up to one year after the revocation period has ended. Was such a condition ordered? Whether or not Georgia will impose a Tennessee requirement for an ignition interlock device solely because Tennessee would require one, is a question of Georgia law.