(a) A person under twenty-one (21) years of age shall not drive or be in physical control of an automobile or other motor-driven vehicle while:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 55-10-415

  • Driver: means :
    (A) For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101
  • Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
  • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and self-control that the driver would otherwise possess; or
(2) The alcohol concentration in the person’s blood or breath is two-hundredths of one percent (0.02%) or more.
(b) The fact that a person who drives while under the influence of narcotic drugs or barbital drugs is or has been lawfully entitled to use the drugs does not constitute a defense to a violation of this section.
(c) This section establishes the offense of underage driving while impaired for a person under twenty-one (21) years of age. The offense of underage driving while impaired is a lesser included offense of driving while intoxicated.
(d) The offense of underage driving while impaired by a person eighteen (18) years of age or older but under twenty-one (21) years of age is a Class A misdemeanor punishable by:

(1) Driver license suspension of one (1) year;
(2) A fine of two hundred fifty dollars ($250); and
(3) Public service work, in the discretion of the court.
(e) The act of underage driving while impaired by a person under eighteen (18) years of age is a delinquent act punishable by:

(1) Driver license suspension of one (1) year;
(2) A fine of two hundred fifty dollars ($250); and
(3) Public service work, in the discretion of the court.
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