Tennessee Code Annotated
Tenn. Code Ann. § 55-10-415 (2026)
Underage driving while impaired - Penalties
✓ current as of May 2026
- (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:
- (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.
Amended by 2016EX2 Tenn. Acts, ch. 1,s 1, eff. 9/19/2016.
Amended by 2016 Tenn. Acts, ch. 1088,s 1, eff. 9/19/2016.
Amended by 2016 Tenn. Acts, ch. 1030,s 1, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 154,s 15, eff. 7/1/2013.
Acts 1993, ch. 491, § 1; 1998, ch. 1046, § 3.
Notes of Decisions
Cited in 10
cases, 1998–2011 · leading case: State v. Burns, 6 S.W.3d 453 (Tenn. 1999).
State v. Burns, 6 S.W.3d 453 (Tenn. 1999). “1998) (child abuse or neglect is a lesser-ineluded offense of any kind of homicide, statutory assault, or sexual offense if the victim is a child and the evidence supports such a charge); Tenn.Code Ann. § 55-10-415(c) (1998) (the offense of underage driving while impaired is a…”
State v. Humphreys, 70 S.W.3d 752 (Tenn. Crim. App. 2001). “1998) (designating child abuse or neglect as a lesser-included offense of any kind of homicide, statutory assault, or sexual offense if the victim is a child and the evidence supports the charge); Tenn.Code Ann. § 55-10-415(c) (1998) (designating the offense of underage driving…”
State v. Rush, 50 S.W.3d 424 (Tenn. 2001). “1998) (designating child abuse or neglect as a lesser-included offense of any kind of homicide, statutory assault, or sexual offense if the victim is a child and the evidence supports the charge); Tenn.Code Ann. § 55-10-415(c) (1998) (designating the offense of underage driving…”
State v. Crain, 972 S.W.2d 13 (Tenn. Crim. App. 1998). “After being indicted for the offense of driving while impaired pursuant to Tenn.Code Ann. § 55-10-415, defendant moved to dismiss the indictment alleging the unconstitutionality of the statute.”
Mason v. State, 781 So. 2d 99 (Miss. 2000). “Tenn. Code Ann. § 55-10-415 (d). "As an additional punishment, the court may impose public service work.”
State of Tennessee v. Jaroz Dantae Thomas (Tenn. Crim. App. 2010). “Tenn. Code Ann. § 55-10-415 (d)(1). In State v.”
State of Tennessee v. Justin Kenneth Boldus (Tenn. Crim. App. 2011). “See T.C.A. § 55-10-415(a)(1)(A) (providing that an underage driver may not operate a motor vehicle when his or her blood alcohol level exceeds .”
State of Tennessee v. James N. Harrell (Tenn. Crim. App. 2006). “See T.C.A. § 55-10-415. Defendant checked the answer “no” to question number 29 in the pretrial diversion application, which is “[w]as there evidence the defendant was under the influence of alcohol that actually contributed to the offense?” These observations are particularly…”
State of Tennessee v. Guy William Rush (Tenn. 2001). “1998) (designating child abuse or neglect as a lesser-included offense of any kind of homicide, statutory assault, or sexual offense if the victim is a child and the evidence supports the charge); Tenn. Code Ann. § 55-10-415 (c) (1998) (designating the offense of underage…”
Michael Dale Mason v. State of Mississippi (Miss. 1999). “Tenn. Code Ann. § 55-10-415 (d). "As an additional punishment, the court may impose public service work.”
— Tenn. Code Ann. § 55-10-415(a)(1)(A) — 1 case
State of Tennessee v. Justin Kenneth Boldus (Tenn. Crim. App. 2011). “See T.C.A. § 55-10-415(a)(1)(A) (providing that an underage driver may not operate a motor vehicle when his or her blood alcohol level exceeds .”
— Tenn. Code Ann. § 55-10-415(c) — 3 cases
State v. Burns, 6 S.W.3d 453 (Tenn. 1999). “1998) (child abuse or neglect is a lesser-ineluded offense of any kind of homicide, statutory assault, or sexual offense if the victim is a child and the evidence supports such a charge); Tenn.Code Ann. § 55-10-415(c) (1998) (the offense of underage driving while impaired is a…”
State v. Humphreys, 70 S.W.3d 752 (Tenn. Crim. App. 2001). “1998) (designating child abuse or neglect as a lesser-included offense of any kind of homicide, statutory assault, or sexual offense if the victim is a child and the evidence supports the charge); Tenn.Code Ann. § 55-10-415(c) (1998) (designating the offense of underage driving…”
State v. Rush, 50 S.W.3d 424 (Tenn. 2001). “1998) (designating child abuse or neglect as a lesser-included offense of any kind of homicide, statutory assault, or sexual offense if the victim is a child and the evidence supports the charge); Tenn.Code Ann. § 55-10-415(c) (1998) (designating the offense of underage driving…”
— Tenn. Code Ann. § 55-10-415(d) — 1 case
State v. Crain, 972 S.W.2d 13 (Tenn. Crim. App. 1998). “After being indicted for the offense of driving while impaired pursuant to Tenn.Code Ann. § 55-10-415, defendant moved to dismiss the indictment alleging the unconstitutionality of the statute.”
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