Thus, as in a DUI case for persons 21 years of age or over, a person is legally considered to be impaired "per se" (automatically) if their blood alcohol level meets or exceeds the legal limits referred to above. This holds true even if the other evidence does not indicate the person's ability to drive is actually impaired. A person can also be convicted of Underage DWI for operating a vehicle while under the influence of a drug, even if it was prescribed by a physician. Further, a person under the age of 21 can be charged with Driving Under the Influence (DUI/DWI), but cannot be charged with both DUI and Underage DWI.
Additionally,
a person could be charged with an Implied Consent Violation if
he or she refuses to submit to a chemical test to determine
the alcohol or drug content of the person's blood. For
additional information regarding Tennessee's Implied Consent
Violation, please click here.
THE
CONSEQUENCES: Upon conviction for Underage Driving While
Impaired (Underage DWI), a person is subject to the following
penalties.
For
persons ages 16 to 18, the Offense of Underage DWI is a
Delinquent Act (a Juvenile Court proceeding) and is punishable
only by a one year driver's license suspension and a fine of
$250.00. The
court may also impose public service work and court
costs.
For persons ages 18 to 21, the Offense of Underage DWI is a Class A Misdemeanor, punishable only by a one year driver's license suspension and a fine of $250.00. In this circumstance, the defendant is not eligible for a restricted driver's license, as would be someone convicted of "Adult" Driving Under the Influence (DUI). The court may also impose public service work and court costs.
License
revocation for one year may also required when a defendant is
found to have refused to submit to a chemical (blood, breath, or urine) test after being lawfully requested to do so. This Implied Consent Violation may apply even where the defendant is
not convicted of DUI.
In addition to the
penalties imposed by the court, a person convicted of Underage
DWI will likely face additional consequences. For further
information regarding the collateral consequences of a DUI
conviction, please click here. |
