Understanding Underage DUI Laws
Driving under the influence (DUI) is a serious offense, and for individuals under 21, the legal consequences can be even more severe. Many states enforce a “zero tolerance” policy, meaning that any measurable amount of alcohol in a minor’s system can result in a DUI charge.
Zero Tolerance Laws
- In most states, drivers under 21 cannot have a blood alcohol concentration (BAC) above 0.02%, and some states set the limit at 0.00%.
- Penalties can include fines, license suspension, mandatory alcohol education programs, and possible jail time.
Legal Consequences of Underage DUI
- License suspension or revocation
- Hefty fines and legal fees
- Mandatory participation in alcohol education programs
- Possible probation or community service
- Long-term impact on car insurance rates
- A criminal record that may affect college admissions and job prospects
Underage DUI Penalties in Tennessee
In Tennessee, the consequences for an underage DUI (under 21) are strict and include:
- License Suspension: One-year suspension with no restricted or hardship license available during this period
- Fines: A fine of up to $250
- Community Service: Courts may impose public service work at their discretion[6].
- Criminal Record: Conviction is classified as a Class A misdemeanor for those aged 18–20, or a delinquent act for those under 18, which can impact future opportunities
Unlike an adult DUI conviction, an underage DUI in Tennessee does not carry a mandatory 48-hour jail sentence. This is a significant consideration when negotiating a DUI charge, as reducing an adult DUI to an underage DUI may be a favorable outcome.
Additionally, this charge is eligible for Tennessee’s diversion statute. If an individual completes their probation successfully, their case may be dismissed and expunged after one year, offering a path to a clean record.
Repeat offenses or aggravating factors, such as causing an accident, lead to harsher penalties, including longer suspensions and additional charges.
Steps to Take After an Underage DUI Arrest
If you or a loved one has been charged with an underage DUI, taking the right steps immediately can impact the outcome of the case.
1. Remain Calm and Cooperative
- Do not resist arrest or argue with law enforcement.
- Be polite but avoid self-incrimination.
2. Understand Your Rights
- You have the right to remain silent.
- You can request an attorney before answering any questions.
3. Seek Legal Representation
Hiring a DUI defense attorney experienced in underage cases can help you navigate the legal process and identify potential defense strategies.
How to Fight an Underage DUI Charge
Even if you have been charged, there are legal defenses that may help mitigate or dismiss the charges.
Challenging the Traffic Stop
- Law enforcement must have a valid reason for pulling you over, such as reckless driving or a traffic violation.
- If the stop was unlawful, any evidence gathered may be inadmissible in court.
Questioning the Breathalyzer or Field Sobriety Tests
- Breathalyzers must be properly calibrated and administered by a trained officer.
- Field sobriety tests can be subjective and influenced by medical conditions or environmental factors.
Proving a Lack of Probable Cause
- If there was no reasonable suspicion for the stop, your attorney may file a motion to suppress evidence.
Negotiating for Lesser Penalties
- First-time offenders may qualify for alternative sentencing such as diversion programs or probation.
How an Underage DUI Can Affect Your Future
Beyond legal penalties, an underage DUI conviction can have long-term consequences.
Impact on Education
- Colleges may deny admission or rescind scholarships due to a criminal record.
- Some universities have strict policies regarding student conduct.
Employment Challenges
- Employers conducting background checks may see a DUI conviction.
- Professional licenses may be affected.
Insurance Rate Increases
- A DUI conviction leads to significant car insurance rate hikes.
- Some insurers may refuse to renew policies for high-risk drivers.
Preventing Underage DUI Charges
The best way to avoid DUI charges is to prevent the situation altogether.
Responsible Choices
- Designate a sober driver before consuming alcohol.
- Use ride-sharing services or public transportation.
- Stay overnight at a safe location if drinking.
Parental and Community Support
- Parents should educate teens on the dangers of drunk driving.
- Schools and community organizations can provide resources for safe transportation.
Frequently Asked Questions (FAQs)
1. What happens if I refuse a breathalyzer test as an underage driver?
Refusing a breathalyzer test can result in automatic license suspension under implied consent laws.
2. Can an underage DUI charge be expunged from my record?
Expungement eligibility varies by state. In some cases, a first-time offense can be removed after completing probation.
3. Do I need a lawyer for an underage DUI charge?
Yes. A DUI attorney can evaluate your case, identify defense strategies, and negotiate reduced penalties.
4. Will a DUI affect my ability to get a job?
A DUI conviction may appear on background checks, potentially impacting employment opportunities.
5. How long does an underage DUI stay on my record?
This depends on the state. Some states allow expungement after a certain period, while others keep DUI convictions on record permanently.
Conclusion An underage DUI charge is a serious matter, but with the right legal approach, it is possible to fight the charges and protect your future. If you or a loved one is facing an underage DUI, consult with an experienced attorney to explore your legal options.