subject: Underage DWI in Tennessee [print this page] Underage DWI in Tennessee Underage DWI in Tennessee
In Tennessee, the crime of underage driving while impaired applies to anyone under the age of 21. This article will examine the differences between this state's underage and "of age" DUI/DWI laws, as well as differences between laws for minors and laws for juveniles. This article deals specifically with Tennessee, as that is where I am licensed to practice law. If you are outside of Tennessee your laws may be different.
The biggest difference between underage (under 21) and of age (21 or over) Tennessee DUI/DWI laws is the required level of alcohol concentration in the person's blood to establish intoxication per se. For "of age" drivers the level is .08%, but for underage drivers the level is just .02%. Obviously, it is much easier to be charged with a per se DWI violation under the age of 21 than it is being 21 or over. By per se violation, I mean that that number by itself--.02 or higher--will establish intoxication. The state is not required to (though it may wish to) put on further proof such as the driver's behavior or actions.
To fully analyze Tennessee underage DWI laws you have to distinguish between minors and juveniles. Minors are anyone between the ages of 18 and 20. Legally they are adults, but for the DWI laws they are underage. Juveniles are anyone below 18. They are not treated like adults legally, but instead would go through a different process.
For anyone at least 18 but under 21, the penalty for underage DWI in Tennessee is a Class A misdemeanor punishable only by a driver's license suspension of one year and a $250 fine. There is no incarceration, and thus no probation. Qualified individuals would be eligible to have the offense diverted and removed from their record. A conviction for underage DWI does not allow the individual to apply for a restricted driver's license.
For juveniles (those under 18), the offense is considered a delinquent act rather than a criminal act, and the juvenile is prosecuted in juvenile court. Adverse rulings against juveniles are not considered convictions, but are called findings of delinquency. Juvenile proceedings are more informal than adult proceedings. For instance, there are no jury trials in Tennessee juvenile courts. However, juvenile clients have the right to be represented by a lawyer, the right to present evidence and cross examine adverse witnesses, and the right against self-incrimination.
A finding of delinquency against a juvenile DWI offender will likely result in a period of supervised probation, fines, and/or loss of driver's license. A restricted may be issued by the court, but only if the court finds by clear and convincing evidence that an economic, educational, or health-related hardship will result without a license. Because of these penalties, I recommend having experienced, competent representation for the juvenile. Finally, it is important to remember that a finding of delinquency is not a criminal conviction, and that once the juvenile becomes an adult the matter is removed from their record.
