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The Garza Law Firm, PLLC defends Tennessee Driving Under the Influence and Tennessee Boating Under the Influence charges, as well as other Personal Injury and Criminal Defense cases, across the State of Tennessee. The Garza Law Firm serves the following cities and counties, including but not limited to: • Alcoa • Anderson County • Athens • Blount County • Bradley County • Campbell County • Chattanooga • Claiborne County • Cleveland • Clinton • Cocke County • Cookeville • Crossville • Cumberland County • Dandridge • Englewood • Etowah • Gatlinburg • Grainger County • Greene County • Greeneville • Hamblen County • Hamilton County • Hancock County • Harriman • Hawkins County • Jefferson City • Jefferson County • Johnson City • Knoxville • Knox County • Lenoir City • Loudon County • Madisonville • Marion County • Maryville • Maynardville • McMinn County • Meigs County • Monroe County• Morgan County • Morristown • New Market • Newport • New Tazewell • Oak Ridge • Oliver Springs • Overton County • Pigeon Forge • Polk County • Putnam County • Rhea County • Roane County • Rutledge • Scott County • Sequatchie County • Sevier County • Sevierville • Sullivan County • Sweetwater • Tazewell • Tellico Plains • Unicoi County • Union County • Vonore • Wartburg • Washington County
Tennessee Underage DWI or Underage Driving While Intoxicated
Young driver less than 21 years of age can often be charged with either a Tennessee Driving Under the Influence charge or may be charged with Underage Driving While Intoxicated, a lesser included offense of DUI. The penalties for Underage DWI are less than DUI and the it is a lower level, Class B Misdemeanor, rather than a Class A Misdemeanor, such as a Tennessee DUI.
However, an Underage DWI conviction will often be viewed just the same as a Tennessee DUI by a potential employer, university or other institution. One reason for this perception is that DWI is the term used by some states for the very same offense that Tennessee law refers to as DUI (in some state DUI is referred to as OUI or operating under the influence).
Tennessee Underage DWI is addressed in Tennessee law as follows:
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 that makes the person's driving ability impaired.
Although a less severe offense than DUI, Underage DWI can be more harsh in two ways:
1) The punishment for DWI includes loss of driver’s license for 1 year (as with DUI), however, there is not provision under Tennessee law for a restricted license.
2) The State of Tennessee only has to prove that the blood alcohol concentration in the driver’s blood was .03 or greater at the time of driving.
For the reasons above, it is our firm’s opinion and approach that an Underage DWI deserves the same degree of serious attention that a regular Tennessee Dui or adult Tennessee DUI deserves.
Do not hesitate. Call 888-DUI-CALL (888-384-2255) as soon as possible in order to make a free appointment to discuss your Tennessee Underage DWI or Driving While Intoxicated offense.
“I literally put my life in Mr. Garza’s hands, and I thank God every day that I made the decision to do so. Thanks to Marcos, my case didn't even go to trial - it was dismissed at the probable cause hearing. My children and I will be forever grateful for what he has done for us....we have been able to put this life-changing event behind us and move on with our lives.”