Nashville Underage DUI Lawyer

Nashville Underage DUI Defense for Drivers Under 21

An underage DUI charge can be especially concerning for a young person and their family. In Tennessee, drivers under 21 are subject to a much lower alcohol concentration threshold than drivers who are 21 or older. An arrest can also lead to the loss of driving privileges, financial penalties, and other consequences that can interfere with school, work, and future plans.

Killen Law represents people facing underage DUI charges in Nashville and throughout Middle Tennessee. Michael Killen has handled a significant number of DUI cases, including cases involving drivers under 21, and understands the legal and practical concerns that can accompany these charges.

Every case has its own circumstances. Michael Killen takes the time to understand what happened, examine the evidence, explain the available options, and work hard for the person facing the charge.

Get in touch with Michael at (615) 549-8117 to discuss the charges today!

When a DUI Charge Involves a Driver Under 21

Tennessee law treats alcohol-related driving by people under 21 differently from an ordinary adult DUI. Under Tennessee Code § 55-10-415, a person under 21 can be charged with underage driving while impaired when driving or being in physical control of a motor vehicle while impaired by alcohol, an intoxicant, marijuana, a controlled substance, a drug, or another substance affecting the central nervous system.

The law also establishes a 0.02% blood or breath alcohol concentration threshold for drivers under 21. This is substantially lower than the 0.08% BAC threshold commonly associated with adult DUI offenses.

As a result, a young driver may face an underage DUI charge even when the alcohol concentration is far below the level that would generally constitute a per se DUI for an adult.

The circumstances surrounding the traffic stop and DUI investigation can therefore be important. The reason for the stop, the officer’s observations, testing, statements, video, and other evidence may all need to be examined when evaluating the charge.

Understanding Tennessee's 0.02% BAC Rule

The 0.02% threshold is one of the most important distinctions between an underage DUI and a standard Tennessee DUI.

For a person under 21, Tennessee law provides that an alcohol concentration of 0.02% or more in the person’s blood or breath can establish a violation of the underage driving while impaired statute.

But an underage DUI is not simply a matter of looking at a number on a breath or blood test. The circumstances surrounding the testing and the investigation can matter as well. Questions may arise concerning how testing was performed, what the officer observed, and whether the evidence accurately reflects the circumstances at the time of the alleged offense.

Underage DUI cases can also involve allegations concerning drugs or other intoxicating substances. The specific allegations and evidence should be examined based on the circumstances of each case.

The Consequences of an Underage DUI Can Reach Beyond Driving

The consequences of an underage DUI can extend beyond the immediate traffic offense.

For drivers 18 through 20 years old, Tennessee law classifies underage driving while impaired as a Class A misdemeanor. A conviction carries a one-year driver’s license suspension and a $250 fine, and the court may order public service work.

For someone under 18, the offense is treated as a delinquent act. The law also provides for a one-year driver’s license suspension and a $250 fine, with public service work available at the court’s discretion.

Losing a driver’s license can be particularly difficult for a young person who depends on a vehicle to get to school, work, college, or other important obligations. An underage DUI charge can also create concerns about insurance, employment, education, and other future plans.

The specific consequences depend on the person’s age, the allegations, and the circumstances of the case.

The Evidence Behind an Underage DUI Charge

An underage DUI charge should not be evaluated solely by looking at the citation or the allegations made at the time of arrest. The evidence developed during the investigation can provide important information about what actually occurred.

Depending on the circumstances, a case may involve:

The reason law enforcement stopped the vehicle
The officer’s observations of the driver
Field sobriety testing
Breath or blood testing
Statements made during the traffic stop or investigation
Body-camera or dash-camera footage
Police reports and other records
The circumstances surrounding chemical testing

Michael Killen reviews these details when evaluating an underage DUI case. The purpose is to understand the circumstances surrounding the charge, identify issues that may be important to the defense, and help the client understand the options available.

A Young Person's Future Deserves Serious Attention

For a young person, an underage DUI charge can arrive at an important point in life. School, college, employment, transportation, and future plans may all be affected by the consequences of a conviction or driver’s license suspension.

Michael Killen understands the concerns that can accompany these cases and works hard for the person facing the charge. He takes the allegations seriously, examines the evidence, communicates with the client about the available options, and works to protect the client’s interests throughout the process.

There is no single approach that is appropriate for every underage DUI case. Killen Law evaluates the circumstances of each case individually and works toward the resolution that best addresses the client’s situation.

Put DUI Defense Experience to Work

Michael Killen has extensive experience handling DUI and criminal cases, including a significant number of cases involving young drivers facing underage DUI charges. That experience allows him to understand the legal issues these cases can present as well as the concerns that can come with a DUI charge at a young age.

Killen Law represents clients in Nashville and throughout Middle Tennessee. Michael takes the time to understand the circumstances of each case, review the evidence, explain the available options, and work hard for the person facing the charge.

Every case is different, and the right approach depends on the facts, the evidence, and the individual circumstances involved. Michael Killen provides direct attention to each client and works to pursue the resolution that best serves the client’s interests.

If you or your child is facing an underage DUI charge, contact Killen Law to discuss your situation.

Get in touch today and let our experience work for you.