Tennessee Code Annotated
Tenn. Code Ann. § 55-10-414 (2026)
Seizure and forfeiture of vehicles
✓ current as of May 2026
- (a) The vehicle used in the commission of a person's second or subsequent conviction of § 55-10-401, or the second or subsequent conviction of any combination of § 55-10-401, and a statute in any other state prohibiting driving under the influence of an intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department of safety is designated as the applicable agency, as defined by § 40-33-202, for all forfeitures authorized by this section.
- (b) In order for subsection (a) to be applicable to a vehicle, the conviction making the vehicle subject to seizure and forfeiture must occur in Tennessee and at least one (1) of the previous convictions must have occurred within five (5) years of the current conviction.
- (c) It is the specific intent that a forfeiture action under this section shall serve a remedial and not a punitive purpose. The purpose of the forfeiture of a vehicle after a person's second or subsequent DUI conviction is to prevent unscrupulous or incompetent persons from driving on Tennessee's highways while under the influence of alcohol or drugs. Driving a motor vehicle while under the influence of alcohol or drugs endangers the lives of innocent people who are exercising the same privilege of riding on the state's highways. There is a reasonable connection between the remedial purpose of this section, ensuring safe roads, and the forfeiture of a motor vehicle. While this section may serve as a deterrent to the conduct of driving a motor vehicle while under the influence of alcohol or drugs, it is nonetheless intended as a remedial measure. Moreover, the statute serves to remove a dangerous instrument from the hands of individuals who have demonstrated a pattern of driving a motor vehicle while under the influence of alcohol or drugs.
- (d) Only POST-certified or state-commissioned law enforcement officers will be authorized to seize these vehicles under this section.
Amended by 2015 Tenn. Acts, ch. 463,s 1, eff. 5/18/2015.
Added by 2013 Tenn. Acts, ch. 154,s 14, eff. 7/1/2013.
Notes of Decisions
Cited in 9
cases, 2001–2018 · leading case: State of Tennessee v. Sanford Lee Parker (Tenn. Crim. App. 2008).
State of Tennessee v. Sanford Lee Parker (Tenn. Crim. App. 2008). “” Tenn. Code Ann. § 55-10-414 (1).3 In this case, the Defendant’s sufficiency argument is based upon the witnesses’ credibility.”
State of Tennessee v. Janice Carol Biskner (Tenn. Crim. App. 2001). “OPINION The defendant, Janice Carol Biskner, was convicted by a Hamilton County jury of child endangerment, Tenn. Code Ann. § 55-10-414 (1), a Class A misdemeanor; driving while license revoked, Tenn.”
State of Tennessee v. Ricky J. Jones & Shane Eugene McClanahan (Tenn. Crim. App. 2014). “1 W e note that McClanahan was charged with violating not only Tennessee Code Annotated section 55-10-401 but also Code section 55-10-414, the statute making it a Class A misdemeanor to violate Code section 55-10-401 while accompanied by a child under thirteen years of age.”
Caitlin J. Groves v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2018). “See Tenn. Code Ann. § 55-10-414 (a) (2017) (subjecting vehicles “used in the commission of a person’s second or subsequent conviction” of driving or being in control of a vehicle under the influence of any intoxicant “to seizure and forfeiture”).”
State of Tennessee v. Robert S. Neal (Tenn. Crim. App. 2002). “See Tenn. Code Ann. § 55-10-414 ; see also State v.”
State of Tennessee v. Steven Thomas Geyer & Tammy Syvilla Geyer (Tenn. Crim. App. 2006). “Additionally, he was charged with child endangerment based upon his committing DUI while accompanied by a child under thirteen years of age, see T.C.A. § 55-10-414 (2004) (repealed July 2005), and driving on a suspended license.”
State of Tennessee v. James Kenneth Carroll (Tenn. Crim. App. 2005). “” Tenn. Code Ann. § 55-10-414 (2003). In the instant case, there is no dispute that the appellant was driving the vehicle on a public road in Tennessee while he was accompanied by his two children, both of whom were under thirteen years of age.”
State of Tennessee v. Tammy Hart (Tenn. Crim. App. 2003). “Tennessee Code Annotated section 55-10-414 (1998) defines child endangerment as follows: A person who violates § 55-10-401, and who at the same time of the offense was accompanied by a child under thirteen (13) years of age: (1) Commits the offense of child endangerment, a Class…”
State of Tennessee v. James Walter Grooms (Tenn. Crim. App. 2003). “Tenn. Code Ann. § 55-10-414 (1) (1998). 1 However a warrantless arrest for driving under the influence is permitted at the scene of an accident based upon probab ly cause established through the personal investigation of the investigating officer.”
Tenn. Code Ann. § 55-10-414(1): 1 case
State of Tennessee v. Robert S. Neal (Tenn. Crim. App. 2002). “See Tenn. Code Ann. § 55-10-414 ; see also State v.”
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