Ignition Interlock (Breath Alcohol Device)

The Tennessee Department of Safety and Homeland Security, TDOSHS, is a staunch advocate of strong D.U.I. enforcement and highway safety. In a continuing effort to save lives, the TDOSHS is taking steps to ensure that Tennessee’s Ignition Interlock Program is effective and operating efficiently.

The Breath Alcohol Ignition Interlock Device (BAIID) is a device that is connected to the vehicle’s ignition system and prevents the vehicle from starting if it detects a breath alcohol concentration (BrAC) in abreath test sample submitted by the driver that isat or above a preset limit.

Steps to the program: 

1. Get the required documents to have the device installed. 
2. Find a manufacturer and install the device.
3. Obtain your restricted license.
4. Going through the program and violation extensions     
5. Complete the program and final steps

If you have recently been convicted or plead guilty to a DUI offense, then you must obtain an Order for Restricted Driver License (ORDL) form signed by the judge indicating the reason for the Ignition Interlock Restricted License requirement. This form must be provided to the BAIID manufacturer before the device can be installed on your vehicle. If the revocation period for the DUI offense has already expired, then you should contact the Driver License Reinstatement Help Desk to request a “Notice of Revocation Letter” which must be provided to your BAIID manufacturer.

If you installed under bond, you must provide your ORDL to your manufacturer to properly calculate your
time in the program. 

Find an Ignition Interlock Provider 


Once you have the BAIID installed on your vehicle, please allow forty-eight (48) hours for proof of the installation to be uploaded into the driver license database. In order to receive credit for your ignition interlock device usage time, you must obtain a driver license with the Ignition Interlock Device (code-16) restriction. You must maintain a valid license with the Ignition Interlock Device restriction until you receive the "Remove Interlock Restriction" letter from the Tennessee Department of Safety & Homeland Security.

How long am I required to have an ignition interlock restriction?

DUI 1st – 1-year revocation (365 days)
DUI 2nd - 2-year revocation (730 days)
DUI 3rd - 6-year revocation (2190 days)
DUI 4th - or subsequent - 8-year revocation (2920 days)

Compliance Based Removal Requirements For DUI Offenses Occurring On or After January 1, 2023 (TCA 55-10-425)

The BAIID must be installed and maintained in working order for the entire ignition interlock usage period or for the entire period of the driver license revocation, whichever is longer.

A person who possesses a Code 16 Ignition Interlock restricted license is prohibited from the following actions and will  result in a Full restart of the program:

  •  Removing the device at any time during the ignition interlock usage period.
  • Failing to return to a service center to have the device calibrated, inspected, and a download of the data and photos every thirty (30) days.
  • Tampering with or circumventing the ignition interlock device. This includes someone else blowing to start the vehicle for you. 

During the final one hundred twenty (120) day period the device is required, the person shall not have any of the following violations. If the person is found to have any of the below violations, the one hundred twenty (120) day period will restart on the date of the violation:

  •  Attempting to start the vehicle with a BrAC test in excess of .020% unless a passing retestis provided by the same driver within ten (10) minutes, and it must be verified by a digital photo image of the driver;
  • Failing to take or skipping a rolling retest unless a digital photo verifies the vehicle was not occupied
  • Failing a rolling retest with a BrAC in excess of .020% unless a passing retest is provided by the same driver within ten (10) minutes and verified by a digital photo image of the driver;

When the required amount of time has elapsed a request must be made to the interlock manufacturer to confirm the final calibration (last service) date. The final calibration will determine if/when the device can be removed. This is completed in two steps:

Step 1 - Manufacturer Approval 

Once the final download is completed. The manufacturer creates a "Compliance Determination Form" that will show Compliant or Non-Compliant listing any violations and the extension incurred.  

Non-Compliant:  The Interlock manufacturer will notify the participant of the extended usage period and the next final calibration. These violations can be appealed see below in the FAQ section for disputing a violation. 

Compliant: THIS DOES NOT RELEASE THE PARTICIPANT FROM THE PROGRAM the interlock company will send a certificate of compliance to the State for approval. 

Step 2 - State Approval

The State will approve or deny the Certificate of Compliance. This decision is based on your license status during your interlock usage process.           

Denial: 

Continue in the program until the new completion date determined by the state and interlock manufacturer

Approval: 

Once your manufacturer has notified you that your Certificate of Compliance has been approved, or you have received a "Remove Interlock Restriction" letter from the Department of Safety, you can go to a Driver Services Center to obtain a license without the interlock restriction. 

When you have been issued a new driver's license without the interlock restriction, you will provide a copy of this license to your interlock manufacturer, and they will schedule your device removal. 

*Do not remove your ignition interlock before obtaining your unrestricted license. Removing the interlock device early may cause the interlock requirement to start over.

FAQs

If you wish to continue driving during your license revocation, the Ignition interlock is required for the entire length of the DUI revocation.  You will be required to complete, at minimum, a 365-day ignition interlock requirement.  Depending on the type of DUI, the revocation length may be longer:

DUI 1st – 1-year revocation (365 days)

DUI 2nd - 2-year revocation (730 days)

DUI 3rd - 6-year revocation (2190 days)

DUI 4th - or subsequent - 8-year revocation (2920 days)

You may qualify for a toll or "pause" of your interlock requirement if you were involved in a traffic crash or your vehicle requires unforeseen repairs or becomes inoperable due to some uncontrollable circumstance through no fault of your own. If one of these circumstances applies to you, then you can request a tolling period through your interlock manufacturer. 

There are some important things to know:

  • Your incident must have occurred on or after January 1, 2019. 
  • You should only request a toll if the incident that renders your vehicle inoperable may cause you to miss a monthly service appointment.
  • Your toll period will begin on the date of the incident that led to the vehicle being inoperable.
  • If approved, the toll DOES NOT relieve you from the requirement to only operate a vehicle with an ignition interlock.
  • You will have to make up all of your toll time at the end of your requirement. You are still responsible for any interlock lease payments during your toll period.

Requesting a Toll Period

To request a toll, you must go through your ignition interlock manufacturer. They will provide state form 1596  for you to review, sign, and return to them along with supporting documents for your request. 

Supporting documents may include:

  • A crash report (if the vehicle was in an accident and a law enforcement agency issued a crash report, the crash report must be submitted);
  • A written statement from the insurance company regarding repairs;
  • A written statement from a repair shop showing the damage being repaired and the estimated time of completion for repairs; or
  • Other documentation acceptable to the department.

Tolls are granted in 30-day increments not to exceed 90 days. Extensions must be requested before the current toll period has expired. Requests for extension and proof of the need for an extension should be submitted directly to the Ignition Interlock Program via email to toll.interlock@tn.gov. The Ignition Interlock Program will notify you and your interlock manufacturer in writing or by electronic transmission if any additional toll period has been granted or denied. Persons who have been denied a toll may request a review within 10 days of denial.

At the end of the 30-day toll, if no extension has been requested or granted, the 365-day requirement will resume. 

If you believe you have been wrongly extended on the program due to a violation, you may request an administrative compliance review to be conducted by the State of Tennessee Ignition Interlock Program. This request must be done in writing, preferably via email. 

Email our office at safety.interlock@tn.gov, and title your "Administrative Compliance Review" email to ensure a prompt response. In your request, you should include your full name, a phone number where we can contact you if necessary, your driver's license number, the name of the interlock manufacturing company you use, and the date and description of the violation that caused your extension. We will also need an explanation of why you think the violation is invalid. You may attach any evidence to support your claim. 

You will be notified when your request for a review is received by the Ignition Interlock Program, who then has 30 days to make a decision. Once a decision has been reached, you and your interlock manufacturer will be notified by email. You will also receive notification of the compliance review decision by mail.

Yes! You can switch ignition interlock manufacturers any time you wish. Should you decide to do this you need to make sure that your device removal and new device installation occur on the same day; if you miss a day of service you may be extended up to a year on the program. 

It is also important to note that you may incur some financial penalty from early termination of the contract you have entered into with your current interlock manufacturer. They will be able to advise you on this matter.

Price may vary depending upon which ignition interlock manufacturer you decide to do business with. However, there are price caps set by our current Ignition Interlock Program rules that no manufacturer can exceed for specific services.

If someone is ordered by the court to install a Breath Alcohol Ignition Interlock Device (BAIID) under Tennessee law (§ 55-10-409 or § 55-10-417) and tells the court they can’t afford it, the court will hold a hearing to review their finances. If the court decides the person is officially “indigent” (too poor to pay), they will give them a signed Proof of Indigency Form.

If that form is presented to a BAIID manufacturer, the manufacturer must provide the service as long as there is money available in the Electronic Monitoring Indigency Fund (EMIF). The manufacturer will then send the necessary paperwork to the State Treasury Department to get reimbursed for costs like leasing, buying, installing, removing, or maintaining the BAIID.

Fee limits for BAIIDs:

  • Installation: Up to $75 per hour, no more than 3 hours total.
  • Monthly lease, monitoring, and maintenance: No more than $125 per month.
  • If someone’s program is extended because they didn’t follow the rules, the fee can’t be more than $5 per day or $125 per month, whichever is less.
  • Removal: No more than $75.
  • Resetting after a permanent lockout (5+ violations): No more than $50.
  • Temporary lockout code: No more than $25.

Other required fees:

A $12.50 annual administrative fee, charged at installation and then once a year while the BAIID is required. The manufacturer sends this money to the Ignition Interlock Program each month along with a list of participants and their driver’s license numbers.

All fees must be posted clearly at the service center.

Manufacturers must also pay a $5 certification fee for each BAIID each month to the Ignition Interlock Program, along with a list of participants’ names, birthdates, and installation dates.

Click here to find the State Rule 1340-03-06 governing interlock fees. 

Authority: T.C.A. §§ 4-3-2009, 55-10-417, 55-10-418, 55-10-423, and 55-10-425.
Administrative History: Original rule filed December 17, 2012; effective May 31, 2013.

You are responsible for the cost of the ignition interlock device unless you have been found indigent by the judge in the court that found you guilty of DUI or other charge requiring you to use an ignition interlock device.

If you have been found indigent you can request that the State of Tennessee Department of Treasury pay for your ignition interlock device. 

Reimbursable services include:

  • Installation
  • Lease
  • Maintenance
  • Removal

We do not administer the Electronic Monitoring Indigency Fund  (EMIF), that is done by the Department of Treasury. We cannot assist with any part of the EMIF application process.

For all questions or inquiries regarding indigency please contact the Office of the Tennessee Department of Treasury: 

(615) 741.2734 (Phone)    (615) 532-4979 (fax)   EMIF@tn.gov

Division of Claims and Risk Management
502 Deaderick Street
Nashville, TN  37243-0202

Tips you should know when completing the Uniform Affidavit of Indigency form:

  • Always complete all requested information on the Affidavit of Indigency form. Incomplete forms may be denied by the Tennessee Department of Treasury.
  • Make sure all personal information on the Affidavit of Indigency form matches your personal information on the Order for Restricted License form.
  • Make sure the Court Case Docket No. on the Affidavit of Indigency, form matches the Court Case Docket No. on the Order for Restricted License form.
  • All completed Affidavit of Indigency forms must be submitted to your ignition interlock device manufacturer.

No exceptions are allowed under current state law for commercial vehicles and motorcycles. All vehicles you drive must have an interlock device installed to be in compliance of your restricted license. If your employer allows it, you can have the device installed on a non-commercial company vehicle. Anyone who uses that vehicle would be required to use the ignition interlock device, and the vehicle would be required to follow all requirements as if the vehicle belonged to you. 

If you have a medical condition that negatively impacts your ability to breathe to the point that you cannot use the ignition interlock device, you can request to have the device settings lowered. This is a minimal reduction in the amount of breath required to complete tests. 

You can request a reduction through the Ignition Interlock Program office via an email to safety.interlock@tn.gov; put "Breath Reduction" in the subject line to ensure your request is routed to the correct staff member. In the body of your email, please make sure to include who that is as well as your full name and driver's license number. This email should include a plain language letter from your primary care/respiratory specialist on their letterhead that states why you cannot breathe well enough to use the device.  Once received and approved, your request will be forwarded to your interlock provider. In the body of your email, please make sure to include who that is as well as your full name and driver's license number. 

A reduction cannot be approved before you have installed a device and attempted to use it at the original recommended setting. Each device manufacturer has different blow/hum patterns; some may be easier to use than others. If you have breathing difficulties, the Ignition Interlock Program recommends that you test multiple devices to see which is easiest for you to operate. Most manufacturers will allow you to visit a service center to do this. Just give them a call to schedule a time to do so.

Both you and the person blowing in the BAIID for you are in violation of TCA 55-10-417 which is a Class A misdemeanor and both parties are subject to arrest and incarceration.

You may also be required to restart your entire ignition interlock usage period as required by TCA 55-10-425.

If your driver license status is “Revoked-Restricted” you are subject to being arrested for “Driving On A Revoked License – TCA 55-50-504” and your vehicle is subject to seizure. If your driver license status has been reinstated and you still have the Ignition Interlock Restriction, you are subject to being charged with a violation of TCA 55-10-417 which is a Class A misdemeanor and you are subject to arrest and incarceration.

You may also be required to restart your entire ignition interlock usage period as required by TCA 55-10-425.