In Tennessee, as in all states, a reduction in driving ability caused by taking alcohol, illegal drugs, or prescribed medicine is a crime. And like we see in other states, should a police officer consider that a driver (regardless of age) is showing signs of impaired operation of the vehicle, they are allowed to charge the driver with a DUI. If you or a loved one has received an underage DUI, reach out to a Memphis DUI defense lawyer soon, and we’ll fight side by side to make sure your family has the best result possible.
Tennessee’s Zero-Tolerance Underage DUI Law
There is a common misconception that underage drivers who operate a vehicle under the influence of alcohol receive more leniency from officers. It’s critical to understand that this is far from the truth. In fact, Tennessee, like all states, has a Zero-Tolerance Policy in place that creates different standards for drivers under the age of 21 when it comes to alcohol.
Legal Standard for Drivers Under 21
Because those under the age of 21 are prohibited from consuming alcohol, Tennessee imposes the following laws under TN Code § 55-10-415:
- Minors (under the age of 21) are prohibited from operating a vehicle under the influence of any drugs or alcohol that inhibits their ability to safely operate a motor vehicle; OR
- The alcohol concentration of a minor (under the age of 21) is 0.02% or higher
How the BAC Standards Differ Between Minors and Adults
As it is illegal for those under 21 to consume alcohol, this policy drastically reduces the BAC of a driver under 21 from that of the standard adult legal limit. As such, an adult over the age of 21 can face a DUI if their blood alcohol concentration (BAC) is at or over 0.08%. A minor under 21 will face a DUI if their BAC is at or over 0.02%.
Penalties for Underage DUI Charges in Tennessee
The penalties you can face for an underage DUI in Shelby County will vary depending on the different factors present in your case, such as your age, prior offenses, and the amount of alcohol in your system.
Underage DUI (Age 18-20): Class A Misdemeanor
Those between the ages of 18 and 20 can be charged with a Class A misdemeanor when caught driving over the legal limit for drivers under 21. As such, if convicted, drivers can face:
- A license suspension of up to one year
- A $250 fine
- Mandatory participation in a community service program
- Permanent criminal record
Underage DUI (Under 18): Delinquent Act
Those under 18 who are caught driving with alcohol in their system will face the same penalties listed above. However, the only difference is that this will not appear on an adult criminal record. The court also reserves the right to impose additional, youth-specific consequences at its discretion.
Underage DUI with BAC at 0.08% or Higher: Standard Adult Penalties
Any driver under the age of 21 who is caught driving at or over the standard adult legal limit with a BAC of 0.08% or higher will face the standard adult penalties, which include the following:
- One-year license revocation
- Between 48 hours and one year in jail,
- Fines of up to $1,500
- Mandatory participation in a substance treatment program
- Installation of an ignition interlock device
Penalties for Repeat Underage DUI Offenses
Repeat offenses carry even heavier penalties, as it indicates to the court a lack of remorse and rehabilitation. Being convicted twice in 10 years will involve a two-year license suspension, and if the same driver is convicted a third time, their license may be suspended for up to 10 years.
It’s also important to understand that, in the event that an accident occurs, the penalty an underage driver will face can be enhanced. This is especially true if a minor causes an accident that results in injuries
How an Underage DUI Can Impact the Future
It’s important to understand that the impacts of a DUI don’t just go away when you complete the terms of your sentence. A conviction can follow you well into the future.
Long-Term Consequences of Underage DUI Offenses
- Criminal record
- Limitations on military enlistment
- Difficulty securing housing or rental properties
- Limitations on job opportunities
- Difficulty obtaining professional licenses
- Higher insurance premiums
- Loss of scholarships or financial aid
What Defenses Can a Minor Charged with a DUI Use?
There are several different tactics a lawyer might use to defend against an underage DUI.
Challenge the Traffic Stop
Your lawyer might attempt to question whether the officer should have stopped you at all. Although police have a certain amount of leeway when deciding to stop someone, they must at least do so because of a traffic violation or on reasonable suspicion that you committed a crime.
Challenge the Breathalyzer or Chemical Testing
Your lawyer may also question the validity of the breathalyzer test, as calibration issues, mistakes on the officer’s part, or a medical condition you have can all lead to an incorrect result. Similarly, they may challenge the result if they believe the sample provided was contaminated or severely delayed.
Challenge Officer Observations
An attorney may argue on the grounds that the officer conducted inaccurate field testing to determine your impairment, or even misinterpreted your behavior as a sign of inebriation. For example, they may claim that you were stuttering or slurring when, in reality, you may have been nervous about the interaction.
What to Do After an Underage DUI Arrest in Memphis
In the event you are arrested for an underage DUI, taking the necessary steps to protect yourself is critical. As such, you should:
- Invoke your Fifth Amendment right to remain silent
- Ask for legal counsel
- Gather documentation of medical conditions that could impact BAC
- Obtain the police report and other details of the traffic stop that led to the arrest
Contact an Experienced Tennessee DUI Lawyer Today
If you or your child is charged with an underage DUI in Shelby County, working with an experienced criminal defense attorney with Ballin, Ballin & Fishman, P.C. is critical to fight for the best possible outcome. Our team understands the impact these charges can have, which is why we will do everything in our power to assist you through these difficult times. Contact us today to learn more.