DUI With a Minor Passenger

A DUI arrest becomes especially serious when a child is riding in the vehicle. Under Tennessee law, a DUI conviction involving a minor passenger can result in additional mandatory penalties beyond those imposed for the underlying offense.

Killen Law represents individuals facing DUI charges in Nashville and throughout Middle Tennessee. We can review the circumstances of your arrest, examine the evidence, and explain your legal options.

Reach out to us at (615) 549-8117 to discuss your charges today!

Tennessee DUI Law When a Minor Is in the Vehicle

Under Tennessee Code Annotated § 55-10-402, a person convicted of DUI may face additional penalties when a child under 18 is in the vehicle at the time of the offense. The child does not have to be injured for the enhanced penalties to apply.

The prosecution must still establish the underlying DUI offense. The circumstances of the traffic stop, the officer’s observations, and any breath or blood test results may be relevant to the case.

Penalties for DUI With a Minor Passenger in Tennessee

A DUI conviction involving a minor passenger can result in additional incarceration and fines beyond the penalties for the underlying DUI. Tennessee law provides for an additional mandatory minimum of 30 days of incarceration and a $1,000 fine.

If a child suffers serious bodily injury or dies as a result of an impaired-driving incident, more serious criminal charges may apply. The potential consequences depend on the facts and the applicable statutes.

Defending Against a DUI When a Minor is Present

The presence of a minor does not remove the prosecution’s obligation to prove the DUI charge. Depending on the circumstances, a defense may involve examining:

The traffic stop: Whether the officer had a lawful basis to stop the vehicle.
Field sobriety tests: Whether testing was properly administered and interpreted.
Chemical testing: Whether breath or blood testing procedures and results can be challenged.
Evidence of impairment: Whether the officer’s observations and other evidence support the allegations.

Killen Law evaluates the evidence and circumstances of each case to identify potential defenses and determine an appropriate strategy.

DUI Defense in Nashville, Brentwood, Franklin, and Mount Juliet

A DUI charge involving a minor passenger can affect your freedom, driving privileges, finances, and future. Michael Killen represents clients facing criminal charges in Nashville and throughout Middle Tennessee.

Depending on the evidence and circumstances, a defense may focus on challenging the prosecution’s case, negotiating a favorable resolution, or preparing for trial. The goal is to pursue the outcome best supported by the facts and the client’s circumstances.

Discuss Your Legal Options With Killen Law

If you are facing a DUI charge involving a minor passenger in Nashville or elsewhere in Middle Tennessee, Killen Law can help you understand the allegations, potential penalties, and available legal options.

Your future matters, and so does what you do next. Call or text (615) 549-8117.