Tennessee Code Annotated
Tenn. Code Ann. § 55-10-413 (2026)
Additional fees - Ignition interlock fee - Alcohol and drug addiction treatment fee - Blood alcohol concentration test (BAT)
✓ current as of May 2026
- (a) In addition to all other fines, fees, costs and punishments now prescribed by law, an ignition interlock fee of forty dollars ($40.00) shall be assessed for each violation of § 55-10-401, which occurred on or after July 1, 2010, and resulted in a conviction for such offense.
- (b) In addition to all other criminal penalties, costs, taxes and fees now prescribed by law, any person convicted of violating § 55-10-401 will be assessed a fee of five dollars ($5.00), to be paid into the state treasury and deposited to the credit of the fund established pursuant to § 9-4-206.
- (c)
- (1) In addition to all other fines, fees, costs and punishments now prescribed by law, an alcohol and drug addiction treatment fee of one hundred dollars ($100) shall be assessed for each conviction for a violation of § 55-10-401.
- (2) All proceeds collected pursuant to subdivision (c)(1), shall be transmitted to the commissioner of mental health and substance abuse services for deposit in the special "alcohol and drug addiction treatment fund" administered by the department.
- (d)
- (1) In addition to all other fines, fees, costs and punishments now prescribed by law, in counties having a population of not less than three hundred thirty-five thousand (335,000) nor more than three hundred thirty-six thousand (336,000), or in counties having a population of more than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, a blood alcohol concentration test (BAT) fee in the amount of seventeen dollars and fifty cents ($17.50) will be assessed upon conviction of an offense of driving while intoxicated for each offender who has taken a breath-alcohol test on an evidential breath testing unit provided, maintained and administered by a law enforcement agency in the counties or where breath, blood or urine has been analyzed by a publicly funded forensic laboratory.
- (2) In addition to all other fines, fees, costs and punishments now prescribed by law, in counties having a metropolitan form of government with a population greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, a BAT fee in an amount to be established by resolution of the legislative body of any county to which this subdivision (d)(2) applies, not to exceed fifty dollars ($50.00), will be assessed upon conviction of an offense of driving while intoxicated for each offender who has taken a breath-alcohol test on an evidential breath testing unit provided, maintained and administered by a law enforcement agency in the counties or where breath, blood or urine has been analyzed by a publicly funded forensic laboratory.
- (3) This fee shall be collected by the clerks of various courts of the counties and forwarded to the county trustee on a monthly basis and designated for exclusive use by the law enforcement testing unit of the counties if the BAT was conducted on an evidential breath testing unit. If the blood alcohol test was conducted by a publicly funded forensic laboratory, the fee shall be collected by the clerks of the various courts of the counties and forwarded to the county trustee on a monthly basis and designated for exclusive use by the publicly funded forensic laboratory.
- (4) In counties having a metropolitan form of government with a population greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, this fee shall be collected by the clerks of the various courts of the counties and forwarded to the county trustee on a monthly basis. If the BAT was conducted on an evidential breath testing unit, seventeen dollars and fifty cents ($17.50) of the fee shall be designated for exclusive use by the law enforcement testing unit of the county. The county trustee shall deposit the remainder of the fee in the general fund of the county. If the blood alcohol test was conducted by a publicly funded forensic laboratory, seventeen dollars and fifty cents ($17.50) of the fee collected by the clerks of the various courts of the counties and forwarded to the county trustee on a monthly basis shall be designated for exclusive use by the publicly funded forensic laboratory. The county trustee shall deposit the remainder of the fee in the general fund of the county.
- (e) Notwithstanding any other law to the contrary, in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census, upon conviction for a violation of § 55-10-401, § 55-10-415, § 55-10-421 or § 55-50-408, the court shall assess against the defendant a blood alcohol concentration test (BAT) fee to be established by the county legislative body of any county to which this subsection (e) applies in an amount not to exceed fifty dollars ($50.00) for obtaining a blood sample for the purpose of performing a test to determine the alcoholic or drug content of the defendant's blood pursuant to § 55-10-406 that is incurred by the governmental entity served by the law enforcement agency arresting the defendant. The fee authorized by this subsection (e) shall only be assessed if a blood sample is actually taken from a defendant convicted of any of these offenses and the test is actually performed on the sample.
- (f)
- (1) In addition to all other fines, fees, costs, and punishments now prescribed by law, including the fee imposed pursuant to subsection (d), a blood alcohol or drug concentration test (BADT) fee in the amount of two hundred fifty dollars ($250) shall be assessed upon a conviction for driving under the influence of an intoxicant under § 55-10-401, vehicular assault under § 39-13-106, aggravated vehicular assault under § 39-13-115, vehicular homicide under § 39-13-213(a)(2), simple possession or casual exchange of a controlled substance under § 39-17-418, reckless driving under § 55-10-205, or aggravated vehicular homicide under § 39-13-218, for each offender who has taken a breath alcohol test on an evidential breath testing unit provided, maintained, and administered by a law enforcement agency for the purpose of determining the breath alcohol content or has submitted to a chemical test to determine the alcohol or drug content of the blood or urine.
- (2) The fee authorized in subdivision (f)(1) shall be collected by the clerks of the various courts of the counties and forwarded to the state treasurer on a monthly basis for deposit in the state general fund, to be used only as appropriated by the general assembly.
- (3) Any moneys in the TBI toxicology unit intoxicant testing fund as of June 30, 2018, shall revert to the general fund on such date, to be used only as appropriated by the general assembly.
- (g)
- (1) In addition to all other fines, fees, costs and punishments now prescribed by law, including the fee imposed pursuant to subsection (d), a blood alcohol or drug concentration test (BADT) fee in the amount of one hundred dollars ($100) shall be assessed upon conviction for a violation of § 39-13-106, § 39-13-213(a)(2), § 39-13-218 or § 55-10-401, if the blood or urine of the convicted person was analyzed by a publicly funded forensic laboratory or other forensic laboratory operated by and located in counties having a population of not less than eighty-seven thousand nine hundred (87,900) nor more than eighty-eight thousand (88,000), according to the 2000 federal census or any subsequent federal census, for the purpose of determining the alcohol or drug content of the blood.
- (2) The fee authorized in subdivision (g)(1) shall be collected by the clerks of the various courts of the counties and shall be forwarded to the county trustees of those counties on a monthly basis and designated for the exclusive use of the publicly funded forensic laboratory in those counties.
Amended by 2022 Tenn. Acts, ch. 900, s 8, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 1044, Secs.s 3, s 4 eff. 5/21/2018.
Amended by 2017 Tenn. Acts, ch. 16, s 1, eff. 3/24/2017.
Amended by 2016 Tenn. Acts, ch. 876, s 10, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 154, s 13, eff. 7/1/2013.
Acts 1989, ch. 239, § 1.
Notes of Decisions
Cited in 7
cases, 2006–2019 · leading case: State of Tennessee v. Rosemary L. Decosimo (Tenn. Crim. App. 2018).
State of Tennessee v. Rosemary L. Decosimo (Tenn. Crim. App. 2018). “On January 31, 2014, Decosimo filed a motion to dismiss the indictment, or in the alternative, to suppress the evidence from her blood test, arguing that Code section 55-10-413 is unconstitutional because it creates a fee system that violates the right to due process and a fair…”
State of Tennessee v. Robert Allison Franklin (Tenn. Crim. App. 2018). “In this motion, Franklin argued that Code section 55-10-413 is unconstitutional because it creates a fee system that violates his right to due process and a fair trial.”
State of Tennessee v. Rosemary L. Decosimo, 555 S.W.3d 494 (2018). “The challenged statute earmarks the fees imposed to an intoxicant testing fund, and monies within this fund do not revert to the State's general fund but "remain available for appropriation to the [TBI] as determined by the [G]eneral [A]ssembly.”
State of Tennessee v. Sedrick Darion Mitchell (Tenn. Crim. App. 2018). “21, 2018), in which a panel of this court held that the similarly worded Tennessee Code Annotated section 55-10-413(f), which gives the TBI $250 for each DUI conviction that is obtained using a blood or breath test, is unconstitutional.”
State of Tennessee v. Scottie D. Pennington (Tenn. Crim. App. 2006). “See T.C.A. § 55-10-413(a) (2003). -3- innocence on this offense to the trial court.”
State of Tennessee v. Adam Lee Ipock (2018). “Tenn. Code Ann. § 55-10-413 (f). -17- training within the TBI,” and that this mechanism “calls into question the trustworthiness of the TBI forensic scientists’ test results.”
State of Tennessee v. Jared Worthington (2019). “See Tenn. Code Ann. §55-10-413 (f). 5 After our supreme court’s reversal of the case, the State filed a Motion to Reconsider in which it formally withdrew its request “for the Court to order the funds from the court costs not be dispersed to [the] TBI.”
— Tenn. Code Ann. § 55-10-413(a) — 1 case
State of Tennessee v. Scottie D. Pennington (Tenn. Crim. App. 2006). “See T.C.A. § 55-10-413(a) (2003). -3- innocence on this offense to the trial court.”
— Tenn. Code Ann. § 55-10-413(f) — 4 cases
State of Tennessee v. Rosemary L. Decosimo (Tenn. Crim. App. 2018). “On January 31, 2014, Decosimo filed a motion to dismiss the indictment, or in the alternative, to suppress the evidence from her blood test, arguing that Code section 55-10-413 is unconstitutional because it creates a fee system that violates the right to due process and a fair…”
State of Tennessee v. Robert Allison Franklin (Tenn. Crim. App. 2018). “In this motion, Franklin argued that Code section 55-10-413 is unconstitutional because it creates a fee system that violates his right to due process and a fair trial.”
State of Tennessee v. Rosemary L. Decosimo, 555 S.W.3d 494 (2018). “The challenged statute earmarks the fees imposed to an intoxicant testing fund, and monies within this fund do not revert to the State's general fund but "remain available for appropriation to the [TBI] as determined by the [G]eneral [A]ssembly.”
State of Tennessee v. Sedrick Darion Mitchell (Tenn. Crim. App. 2018). “21, 2018), in which a panel of this court held that the similarly worded Tennessee Code Annotated section 55-10-413(f), which gives the TBI $250 for each DUI conviction that is obtained using a blood or breath test, is unconstitutional.”
— Tenn. Code Ann. § 55-10-413(f)(1) — 1 case
State of Tennessee v. Robert Allison Franklin (Tenn. Crim. App. 2018). “In this motion, Franklin argued that Code section 55-10-413 is unconstitutional because it creates a fee system that violates his right to due process and a fair trial.”
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