Dave was extremely professional but more importantly I was treated as a person not a case. He always returned calls and emails in a very timely manner. I would definitely recommend Dave to help with legal needs! -Jennifer S.

As someone who never had a lawyer, David made everything as simple as possible. He is very easy to communicate with and provides all the answers and support you will ever need. If I ever need a lawyer again, David will be my first choice to contact. -Andrew

I was falsely accused of something and had an order filed against me. Ben represented me during court and successfully had the order dismissed. He also went above and beyond to make sure it would not show up on my record. – Brittany.

Under 21 Alcohol Related Criminal Offenses

OFFENSEPENALTY
Tenn. Code Ann. § 1-3-113
Unlawful for person under 21 to purchase, possess, transport or consume alcoholic beverages unrelated to employment.
The class of offense is not specified but is a misdemeanor per 39-11-111. Pursuant to TCA 39-11-114, it is a Class A misdemeanor. Therefore, 11 mos. 29 days and fine of up to $2500 applies. Statute makes no mention of impact to driving privileges. However for individuals under 18, T.C.A. 55-10-701 would require the denial of driving privileges.
Tenn. Code Ann. § 37-1-156
Contributing to the delinquency of a minor
Class A misdemeanor.
Tenn. Code Ann. 39-15-404
Relates to the furnishing of alcohol to a minor by an adult.
Class A misdemeanor and punishable as such and additionally the offender shall be sentenced to 100 hours of community service work. The court in its discretion may send an order to the Dept. of Safety denying the offender’s driving privileges. If the offender does not have driving privileges then the court may impose 200 hours of community service.
Tenn Code. Ann § 55-10-415
Driving while impaired 18 to 21 for driving under the influence of any intoxicant or with a BAC over .02
>18 years and <21 years old: Class A Misdemeanor that is punishable only by suspension of driving privileges for 1 year and by a fine of $250. Court may impose community service. No provision for restricted license. Not eligible for judicial diversion since no incarceration and thus no probation is permitted, but would be eligible for pre-trial diversion.
>16<18: Same as above, but delinquent act not misdemeanor. Note that no jail time is applicable in conflict with general penalty relating to delinquent children, see T.C.A. § 37-1-131.
Tenn. Code Ann. § 57-3-412 (a)(3)(A)
Prohibits the possession, consumption, or transporting of alcoholic beverages unrelated to employment by anyone under 21.
Class A misdemeanor.Regardless of disposition, the record can be expunged 6 months after the date of the violation and such offense cannot be used against them in any criminal proceeding.
Under section (a)(5)(C), an order denying the offender of driving privileges is required, and the court and dept of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.
Tenn. Code Ann. § 57-3-412 (a)(4)
Prohibits the purchase of alcohol for or at the request of anyone that is under 21.
Class A misdemeanor.1st offense: fine of not less than $25 nor more than $500, 2nd and subsequent offenses: minimum $50 fine with max of $1,000.
In addition to the fines stated above, all offenders are additionally subject to all penalties imposed by T.C.A. 39-15-404. (see above, 100 hours community service work, potential loss of license).
Tenn. Code Ann. § 57-3-412 (a)(5)(A)
Prohibits the purchase or attempted purchase of alcoholic beverages by anyone under 21.
Class A misdemeanor. “In addition to any criminal penalty imposed by this section (see above),” an order denying the offender of driving privileges is required, and the court and dept of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.
Tenn. Code Ann. § 57-3-412 (c)
Penalty for someone under 21 using a fake id.
Class A misdemeanor.
(1) Less than 18: fine of $50 and not less than 20 hours community service.
(2) >18<21: Fine of not less than $50 but no more than $200 OR by imprisonment in jail for a minimum of 5 days and a max of 30 days.In addition to above, an order denying the offender of driving privileges is required, and the court and dept of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.
Tenn. Code Ann. § 57-4-203 (b)(2)
(A) Prohibits the purchase, attempted purchase, or possession of alcohol by a person under 21 in a public place.
(B) Exhibiting a fake id saying you are 21.
Exact same penalty as stated in 57-3-412 (c). see above.
Tenn. Code Ann. § 57-5-301(d)(1)(A)
Unlawful for minor to purchase or attempt to purchase any “such beverage.” (presumed beer).
Such Statutes under Title 57, Part 5 appear to relate particularly to beer.Punishment is under 57-5-303, which defines it as a Class C misdemeanor. An order denying the offender of driving privileges is required, and the court and dept of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.
Tenn Code. Ann. § 57-5-301(d)(1)(A)(2)
Prohibits purchasing beer for someone under 21.
Class A misdemeanor that shall also be punished pursuant to 39-15-404.
Tenn Code. Ann. § 57-5-301(d)(1)(A)(3)
Making a fake Id to show you are 21 or presenting such.
Statute provides exact same punishment as in 57-3-412(c).
Tenn. Code Ann. § 57-5-301(e) unlawful for someone under 21 to have beer in their possession.Class A misdemeanor. Regardless of disposition, the record can be expunged 6 months after the date of the violation and such offense cannot be used against them in any criminal proceeding. Under section (d)(1)(B)(i), an order denying the offender of driving privileges is required, and the court and dept of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.

 

While convictions under 57-5-301 (e) and 57-3-412(a)(3)(A) are absolutely expungeable regardless of disposition, they do cause a defendant’s driving privileges to be suspended. A court does have authority to reinstate driving privileges after 90 days under 55-10-701.

Obviously a plea under judicial diversion to any statute would not require a loss of driving privileges. Likewise a conviction under 1-3-113 by statute would not require a loss of driving privileges.

Our defense attorneys tailor our legal strategies to the specific circumstances of your case based on the evidence, your prior record, and any potential risk to your livelihood. Whether you are facing charges of DUI per se, DUI by consent, or serious felony DUI charges, our AV-rated* criminal trial attorneys will bring their experience to bear on your behalf.

David L. Raybin
Ben Raybin

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell Ratings evaluate two categories–legal ability and general ethical standards.