Nashville Underage DUI Lawyer

Tennessee does not take driving under the influence (DUI) lightly. Those under the age of 21 who are caught operating a vehicle with drugs or alcohol in their system can have suspended driving privileges and a life-altering criminal record. If you are facing underage DUI charges, you should reach out to a Nashville underage DUI lawyer.

Nashville is world-renowned due to its influential country music scene and vibrant nightlife. It is also home to a large number of colleges and universities, such as Vanderbilt University of Tennessee State University. Bars and honky-tonks on Broadway are a recipe for young adults to partake in this nightlife and consume alcohol, even if they are not legally old enough to do so.

Students drinking often leads to a DUI. Unfortunately, among drivers ages 15 to 20 who were killed in motor vehicle crashes, 29% had been drinking at the time.

Like every state in the U.S., Tennessee’s legal drinking age is 21, and they have a Zero Tolerance Policy on the lawbooks. State law limits underage drivers to a blood alcohol concentration (BAC) of 0.02%, while it is 0.08% for drivers aged 21 or older. The penalties for underage DUI and of-age DUI are similar, but underage charges are notably less severe.

The penalties for a first-time offense depend on whether the individual is 18 or not. For those under the age, the offense is considered a delinquent act and is handled by the juvenile court system. Their driver’s license will likely be suspended for one year, and they could be required to pay fines up to $250 and participate in community service work.

If the individual is 18 or older but not yet 21 at the time of the first offense, it is considered a Class A misdemeanor. They will face a mandatory one-year license suspension, fines of up to $250, and the possibility of community service work.

Underage DUI convictions are put on an individual’s criminal record, potentially impacting future career aspirations and educational pursuits. According to the American Association of Collegiate Registrars and Admissions Officers, 66% of U.S. colleges consider criminal history in admissions decisions, with 20% of those viewing misdemeanor convictions as a significant negative factor.

Post-education, 92% of U.S. employers conduct background checks, and any conviction can potentially influence hiring decisions.  Underage DUI charges are not the only ones on the table. Depending on the situation, there may be charges such as:

• consumption of alcohol under 21
• possession of alcohol under 21
• using a false ID to obtain alcohol
• child endangerment

Individuals with an underage DUI conviction may be able to have their record expunged. This means it will be erased and not show up on background checks. There are eligibility criteria for expungement, though, including:

• All terms of your sentence are completed
• You were under the age of 18 at the time of the conviction
• You are now at least 18 years of age
• The conviction was at least five years ago
• It was prosecuted as a delinquent act

Expungement does not happen automatically. You are required to file a petition with the Juvenile Court of Davidson County. If your underage DUI conviction happened when you were over the age of 18 and was classified as a Class A misdemeanor, this can’t be expunged.

If you’re facing DUI charges in Tennessee, you should reach out to an experienced DWI attorney as soon as you can. At McNally Law, our team can get to work immediately by meticulously analyzing the facts of the arrest, uncovering potential vulnerabilities in the prosecution’s case, and crafting strong defense strategies.

We can also negotiate with prosecutors for reduced or dismissed charges, explore alternative sentencing paths, and advocate for educational or treatment options that won’t leave you with long-term consequences.

Q: What Qualifies as an Underage DUI in Tennessee?

A: An underage DUI in Tennessee occurs when a person under the age of 21 is driving under the influence of alcohol or drugs with a BAC of 0.02% or higher. If the person is under 18, it is considered a delinquent act that typically does not include jail time or probation.

Q: Are Parents Notified if Their Child Was Stopped for an Underage DUI?

A: Whether or not parents will be notified will depend on the individual’s age. If they are under 18 years old, law enforcement is required to contact their parents or legal guardians as soon as possible. Individuals aged 18 to 20 who are stopped for DUI are considered adults in the Tennessee criminal justice system. Their parents may be contacted if the situation is severe or if the adult child is still living with them.

Q: What Should I Do After Being Charged With Underage DUI?

A: If you have been charged with an underage DUI, and you are 18 years old or older, you should contact an underage DUI attorney immediately. Your attorney will act as your advocate from the beginning by explaining the charges against you and helping you understand the potential consequences. From there, they can investigate the circumstances of your arrest, work on defense strategies, and negotiate with the prosecution.

Q: Can I Fight an Underage DUI Charge?

A: Yes, you can fight an underage DUI charge. If you want a chance to fight the charges, you should reach out to an underage DUI attorney. Their knowledge and experience in the Nashville legal system can be pivotal when it comes to challenging the legality of the traffic stop, questioning the accuracy of BAC tests, arguing insufficient proof of impairment, or that your rights were violated.