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SB 1658

DUI Offenses - As introduced, adds a 30-day mandatory minimum period of incarceration for persons convicted of driving under the influence if, at the time of the offense, the person was within a marked school zone and a warning flasher or flashers were in operation. - Amends TCA Title 39; Title 40 and Title 55, Chapter 10.

114th Regular Session (2025-2026) Introduced by Todd Gardenhire

Tennessee bill mandates 30-day minimum jail time for DUI convictions in active marked school zones, enhancing penalties for impaired driving near schools.

Rcvd. from S., held on H. desk.
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Bill Summary · SB 1658

Legislative bill overview

SB 1658 adds a mandatory 30-day minimum jail sentence for DUI convictions that occur in active school zones (marked zones with warning flashers operating). The bill amends Tennessee's DUI statutes to create this enhanced penalty specifically tied to school zone safety circumstances.

Why is this important

School zones represent heightened-risk environments where impaired driving poses greater danger to children and pedestrians. This bill reflects a policy choice to increase consequences for impaired driving in these specific contexts, joining many states that use enhanced penalties for DUI offenses in sensitive areas.

Potential points of contention

  • Mandatory minimums and sentencing discretion: Critics of mandatory minimums argue they remove judicial flexibility to consider individual circumstances, potentially leading to disproportionate outcomes for marginal cases or first-time offenders
  • Burden on incarceration system: 30-day minimums accumulate across cases; opponents may argue resources should prioritize treatment-based approaches rather than jail capacity strain, especially given Tennessee's existing incarceration rates
  • Defining "active school zone": The requirement that flashers be "in operation" creates enforcement clarity questions—does this exclude school hours without flashers, and does it adequately capture actual school zone activity periods

Compiled from official sources — confirm details with the bill’s official record.

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