Amends TCA Title 39 and Title 55.
Under this bill, a person will be considered to have committed the offense of driving under the influence (DUI), if:<br /> <br /> (1) The drug concentration in the person's blood includes any amount or active metabolite of a Schedule I controlled substance or any amount or active metabolite of a controlled substance analogue; <br /> (2) The drug concentration in the person's blood includes any amount of or active metabolite of a Schedule II, III, IV, or V substance for which the person does not have a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the laws of the state; or <br /> (3) The delta-9-tetrahydrocannabinol (THC) in the person's blood is five nanograms per one milliliter or more.<br /> <br /> This bill also enhances criminal penalties for impaired driving within a school zone. Under this bill:<br /> <br /> (1) A misdemeanor DUI violation (generally a first, second, or third offense) that occurs on the grounds or facilities of any school or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park will be subject to double the penalties otherwise imposed both with respect to sentences penalties, fines, and driving prohibitions otherwise applicable, as set out in present law;<br /> (2) A felony DUI violation (generally a fourth or subsequent offense) that occurs in such a school zone will be punished one classification higher than otherwise provided and the mandatory minimum sentences, fines, and driving prohibitions doubled;<br /> (3) A violation of the implied consent law in connection with driving or physical control of a motor vehicle will be subject to double the penalties set forth in present law for such a violation;<br /> (4) A violation of underage driving while impaired in a school zone will be subject to double the penalties both with respect to fines and driving; and<br /> (5) A violation of vehicular assault, aggravated vehicular assault, or vehicular homicide where the driver was intoxicated, will be punished one classification higher than otherwise provided and the mandatory minimum sentences, fines, and driving prohibitions doubled as set forth in present law for such offenses.<br /> <br />
Under this bill, a person will be considered to have committed the offense of driving under the influence (DUI), if:<br /> <br /> (1) The drug concentration in the person's blood includes any amount or active metabolite of a Schedule I controlled substance or any amount or active metabolite of a controlled substance analogue; <br /> (2) The drug concentration in the person's blood includes any amount of or active metabolite of a Schedule II, III, IV, or V substance for which the person does not have a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the laws of the state; or <br /> (3) The delta-9-tetrahydrocannabinol (THC) in the person's blood is five nanograms per one milliliter or more.<br /> <br /> This bill also enhances criminal penalties for impaired driving within a school zone. Under this bill:<br /> <br /> (1) A misdemeanor DUI violation (generally a first, second, or third offense) that occurs on the grounds or facilities of any school or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park will be subject to double the penalties otherwise imposed both with respect to sentences penalties, fines, and driving prohibitions otherwise applicable, as set out in present law;<br /> (2) A felony DUI violation (generally a fourth or subsequent offense) that occurs in such a school zone will be punished one classification higher than otherwise provided and the mandatory minimum sentences, fines, and driving prohibitions doubled;<br /> (3) A violation of the implied consent law in connection with driving or physical control of a motor vehicle will be subject to double the penalties set forth in present law for such a violation;<br /> (4) A violation of underage driving while impaired in a school zone will be subject to double the penalties both with respect to fines and driving; and<br /> (5) A violation of vehicular assault, aggravated vehicular assault, or vehicular homicide where the driver was intoxicated, will be punished one classification higher than otherwise provided and the mandatory minimum sentences, fines, and driving prohibitions doubled as set forth in present law for such offenses.<br /> <br />
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