Underage driving while impaired – Penalties

(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: (A) For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101Vehicle: 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 55-8-101Year: 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.