Effective January 1, 2011, a bail bond may not be enough if a person is arrested and has has one (1) or more prior convictions for Driving Under the Influence (DUI), vehicular homicide involving DUI, or vehicular assault, which is causing bodily injury with an automobile while intoxicated.
Under the amended Tennessee law, a person who is arrested and has prior convictions for of of the above three (3) charges, that person shall not be released on bail unless the criminal court first determines the criminal defendant is not a danger to the community. As a condition of release, the criminal court may consider the use of monitoring devices to eliminate danger to the community including, but not limited to:
(1) Ignition interlock devices;(See revised DUI requirements relating to ignition interlock)
(2) Transdermal monitoring devices or other alternative alcohol monitoring devices;
(3) Electronic monitoring with random alcohol or drug testing; or
(4) Pretrial residency in an in-patient alcohol or drug rehabilitation center.
The revised law does not specify whether or not the new criminal offense must be a DUI, vehicular homicide, or vehicular assault or any certain type of crime. It is presumable that this requirement applies to any new criminal offense for which the person is arrested, even if it is not an alcohol related offense, or a criminal offense involving a motor vehicle. Apparently the prior conviction is the only criteria for the criminal court to consider. Since the law is newly enacted, there is not an attorney general opinion or any appellate cases available for interpretation.
Always consult with a criminal attorney about any criminal charge, arrest or criminal citation. If you have a previous conviction for Driving Under the Influence (DUI), vehicular homicide involving DUI, or vehicular assault and are arrested or might be arrested for a new offense, be sure to immediately speak to a criminal lawyer about your rights to have reasonable bail set by the criminal court.