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SB 2638

DUI Offenses - As introduced, allows a person convicted of driving under the influence of an intoxicant who is eligible for a restricted license to request, and the court to order, the use of a transdermal monitoring device in lieu of the person being required to operate only a motor vehicle equipped with an ignition interlock device; requires the person to pay all costs associated with the transdermal monitoring device; specifies the person is not eligible for assistance from the electronic monitoring indigency fund. - Amends TCA Title 39; Title 40 and Title 55, Chapter 10.

114th Regular Session (2025-2026) Introduced by Kerry Roberts

The bill lets a court replace an ignition interlock with a transdermal monitoring device for DUI offenders seeking a restricted license, at the offender’s own cost.

Deferred to Summer Study
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Bill Summary · SB 2638

Bill Summary: SB 2638 (Session 114) – DUI Offenses

Purpose and Intent

  • This bill amends Tennessee law to allow an alternative monitoring option for a person convicted of driving under the influence (DUI) who is eligible for a restricted license.
  • Specifically, it authorizes a court to require, in place of an ignition interlock device (IID), the installation and use of a transdermal monitoring device (TMD) at the defendant’s request.

Key Provisions and Changes

  • New provision added to Tenn. Code Ann. § 55-10-409 (f):
    • If a DUI offender convicted under § 55-10-401 is eligible for a restricted license under subsection (a) and the court determines it is appropriate to require operation of a vehicle only with an ignition interlock device, the offender may request the court to instead install and use a transdermal monitoring device.
    • The court may grant this request, and the offender would be responsible for all costs associated with the TMD.
    • The offender would not be eligible for assistance from the Electronic Monitoring Indigency Fund (EMIF) under § 55-10-419 for TMD costs.
  • Effective date: The act takes effect upon becoming a law (immediate effect once enacted).

Affected Parties and Scope

  • Primary impact on individuals convicted of DUI who are eligible for a restricted license.
  • Courts have a new option to substitute a TMD for an IID in monitoring compliance.
  • Financial responsibility shifts: the offender must bear all costs of the TMD; no EMIF assistance for those using a TMD under this provision.

Procedural and Timeline Aspects

  • The bill creates a procedural pathway where a defendant can request a TMD in lieu of IID when the court would otherwise require IID for a restricted license.
  • The court determines whether the TMD is an appropriate alternative, within existing DUI-restricted license procedures.
  • Fiscal note indicates no significant impact on state or local finances. The EMIF is less utilized for those opting for TMD, but overall expenditures are not expected to change materially.

Fiscal Implications

  • FISCAL NOTE (as provided):
    • Not significant overall impact.
    • Assumes those ordered to use IID and eligible for EMIF would not request a TMD (which has no EMIF assistance).
    • The bill is not anticipated to alter state or local government expenditures in a meaningful way.

Legislative History (as of filing)

  • Sponsors: Senate – Kerry Roberts (co-sponsor); House – Farmer
  • Action timeline:
    • Introduced and passed First Consideration (Feb 2, 2026)
    • Passed Second Consideration and referred to Senate Judiciary Committee (Feb 5, 2026)
    • Deferred to Summer Study (Mar 3, 2026)
    • Calendar notes show subsequent scheduling and deferral actions in 2026

Overall Assessment

  • The bill provides an alternative monitoring option for DUI offenders seeking a restricted license, potentially increasing flexibility in supervision by allowing transdermal monitoring in place of an IID, at the offender’s cost and without EMIF support. It maintains a focus on monitoring compliance and public safety while shifting financial responsibility to the offender.

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

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