What are the Penalties for Underage DWI in Tennessee?

When an individual who is under the age of 21 is pulled over on suspicion of drunk driving he/she may be charged with Underage Driving While Impaired (Underage DWI). Since it is illegal for anyone who is under age 21 to purchase or drink alcohol, driving drunk is against the law for minors. A minor can be charged with Underage DWI with a BAC (blood alcohol concentration) of just 0.02%, which is less than the 0.08% or higher for adults over age 21.

Penalties for underage DWI varies according to the age of the driver

There are different penalties for the offense of underage DWI that become increasingly steep depending on the driver’s age at the time of the arrest.

Driving While Impaired between the ages of 13 – 17 (First offense)

• License suspension for one or two years or until age 17 (May apply for early withdrawal of suspension after 90 days or one year)
• Restricted license

(T.C.A. 55-10-701)

Driving While Impaired between the ages of 16 – 20

• License revoked for one year (No provision for restricted license)
• $250 fine
• The Court may impose community service hours

(T.C.A 55-10-415)

Between the ages of 16 and 18 an underage DWI is a Delinquent Act and it is adjudicated in juvenile court. If the driver is between age 18 and 21 the offense is a Class A Misdemeanor.

If an individual is convicted of underage DWI may face additional consequences depending on the circumstances surrounding their case such as, increased auto insurance premiums or cancellation of the policy and other consequences regarding employment.

Can an underage DWI be expunged in TN?

Yes, unless specifically excluded by the Tennessee Legislature, an underage DWI can be expunged from your record once you have met the required conditions:

• The applicant must be age 18 or older
• They must wait one year after their last juvenile adjudication
• The court must find that the applicant has had good behavior in the year prior to the request for expungement (Not convicted of any subsequent crimes)
• All court fees and fines must be paid in full prior to the petition for expungement

If an individual is convicted of underage DWI may face additional consequences depending on the circumstances surrounding their case, such as increased auto insurance premiums or cancellation of the policy and other consequences regarding employment.

Regardless of the person’s age, a DUI charge can be a harrowing experience. For minors, a run-in with the law at a young age can alter the course of their entire lives. If your child has been arrested and charged with underage DWI you are probably frightened and have a lot of questions. We at the Law Offices of Adrian H. Altshuler & Associates, will be your trusted advocate as you battle the complex juvenile justice system. We will pursue the best possible outcome for your child given their specific situation. Contact us today to discuss your case with a compassionate criminal defense attorney who will fight aggressively for your child’s rights.