Tennessee Code Title 55. Motor and Other Vehicles § 55-10-405

(a) For the sole purpose of enhancing the punishment for a violation 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 this part 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.

(b) For all purposes in this part 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.

(c) For all purposes in this part a prior conviction for a violation of § 39-13-213(a)(2) , § 39-13-106 , § 39-13-218 or § 55-10-421 , shall be treated the same as a prior conviction for a violation of § 55-10-401 .

(d) A certified computer printout of the official driver record maintained by the department of safety shall constitute prima facie evidence of any prior conviction.  Following indictment by a grand jury, the defendant shall be given a copy of the department of safety printout at the time of arraignment.  If the charge is by warrant, the defendant is entitled to a copy of the department printout at the defendant's first appearance in court or at least fourteen (14) days prior to a trial on the merits.  If the defendant alleges error in the driving record in a written motion, the court may require that a certified copy of the judgment be provided for inspection by the court as to validity prior to the introduction of the department printout into evidence.


FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard