tncode

Tennessee Code

55-10-415. Underage driving while impaired - Penalties.

(a) (1) A person age sixteen (16) or over but under age twenty-one (21) may not drive or be in physical control of an automobile or other motor driven vehicle while:

(A) The alcohol concentration in the person's blood is more than two hundredths of one percent (0.02%);

(B) Under the influence of alcohol;

(C) Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or

(D) Under the combined influence of alcohol and any other drug set out in subdivision (a)(1)(C) to a degree which makes the person's driving ability impaired.

(2) For purposes of this section, "drug producing stimulating effects on the central nervous system" has the same meaning and includes the same items set out in §55-10-401(b).

(b) The fact that any person who drives while under the influence of narcotic drugs or barbital drugs is or has been entitled to use such drugs under the laws of this state does not constitute a defense to the violation of this section.

(c) This section establishes the offense of underage driving while impaired for any person age sixteen (16) or over but under age twenty-one (21). The offense of underage driving while impaired is a lesser included offense of driving while intoxicated.

(d) (1) The offense of underage driving while impaired for a person age eighteen (18) or over but under age twenty-one (21) is a Class A misdemeanor punishable only by a driver license suspension of one (1) year and by a fine of two hundred fifty dollars ($250). As additional punishment, the court may impose public service work.

(2) The delinquent act of underage driving while impaired for a person age sixteen (16) or over but under the age of eighteen (18) is punishable only by a driver license suspension of one (1) year and by a fine of two hundred fifty dollars ($250). As additional punishment, the court may impose public service work.

(e) A person age sixteen (16) or over but under the age of eighteen (18) who commits the offense of underage driving while impaired commits a delinquent act.

[Acts 1993, ch. 491, § 1; 1998, ch. 1046, § 3.]

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