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TennesseeSB 1400114th General Assembly (2025-2026)Senate

AN ACT to amend Tennessee Code Annotated, Title 39 and Title 55, relative to driving under the influence of an intoxicant.

Sponsored By: Kerry Roberts (Republican)

Became Law

Criminal Offenses

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 3 costs, 0 mixed.

Tougher penalties for DUI test refusal

Starting January 1, 2026, your license is suspended for 18 months if three things are true. You have no prior conviction under subsection (e), you are suspected of a misdemeanor DUI, and you refused a requested blood test. Before, the suspension was 12 months. The law also makes refusal after arrest a chargeable offense when you are asked for breath or blood tests, told the consequences, and still refuse—even if a sample is later taken under a warrant or other lawful means.

Oral fluid DUI tests and evidence

The law now lets police use oral fluid tests in four situations. With your consent; with a search warrant; after a lawful arrest for listed driving offenses; or without consent when urgent circumstances allow. If done under these rules, the result is allowed as evidence at trial for those offenses.

Past DUI convictions count longer

Starting January 1, 2026, prior convictions count for longer under this section. A 3‑year window becomes 6 years. A 5‑year window becomes 8 years. Older convictions can now be used when charging or sentencing under §39-13-106(c).

Sponsors & Cosponsors

Sponsor

  • Kerry Roberts

    Republican • Senate

Cosponsors

  • Janice Bowling

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 103 • No: 25

House vote • 4/16/2025

FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/16/2025

Yes: 69 • No: 17

Senate vote • 4/16/2025

FLOOR VOTE: as Amended Third Consideration 4/16/2025

Yes: 27 • No: 6

Senate vote • 4/1/2025

SENATE JUDICIARY COMMITTEE

Yes: 7 • No: 2

Actions Timeline

  1. Pub. Ch. 403

    5/13/2025

  2. Effective date(s) 05/05/2025, 01/01/2026

    5/13/2025

  3. Signed by Governor.

    5/5/2025Senate

  4. Transmitted to Governor for action.

    4/23/2025Senate

  5. Enrolled and ready for signatures

    4/22/2025Senate

  6. Signed by Senate Speaker

    4/22/2025Senate

  7. Signed by H. Speaker

    4/22/2025House

  8. Senate adopted Amendment (Amendment 1 - SA0366)

    4/16/2025Senate

  9. Passed Senate as amended, Ayes 27, Nays 6

    4/16/2025Senate

  10. Engrossed; ready for transmission to House

    4/16/2025Senate

  11. Sponsor(s) Added.

    4/16/2025Senate

  12. Subst. for comp. HB.

    4/16/2025House

  13. Am. withdrawn. (Amendment 1 - HA0363)

    4/16/2025House

  14. Passed H., Ayes 69, Nays 17, PNV 5

    4/16/2025House

  15. Placed on Senate Regular Calendar for 4/16/2025

    4/14/2025Senate

  16. Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 2 PNV 0

    4/1/2025Senate

  17. Action deferred in Senate Judiciary Committee to 4/1/2025

    3/31/2025Senate

  18. Placed on Senate Judiciary Committee calendar for 4/1/2025

    3/31/2025Senate

  19. Placed on Senate Judiciary Committee calendar for 3/31/2025

    3/26/2025Senate

  20. Action deferred in Senate Judiciary Committee to 4/1/2025

    3/24/2025Senate

  21. Placed on Senate Judiciary Committee calendar for 3/24/2025

    3/19/2025Senate

  22. Passed on Second Consideration, refer to Senate Judiciary Committee

    2/12/2025Senate

  23. Introduced, Passed on First Consideration

    2/10/2025Senate

  24. Filed for introduction

    2/6/2025Senate

Bill Text

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