Here’s What Happens Next
It usually begins with a late-night phone call. A parent answers, still half-asleep, and hears words that stop everything: “Your child has been pulled over for drinking and driving.”
In those first moments, fear and confusion take over. Parents want to know what happens next, how serious the charge is, and whether this mistake will follow their child for life. For teens, the shock is just as real—blue lights, roadside tests, and the sudden weight of adult consequences.
Tennessee law treats underage drinking and driving very seriously. Even a small amount of alcohol can lead to a DUI charge. The effects reach beyond court to school, sports, scholarships, and future opportunities. This guide explains what parents can expect, what the law says, and how families can move forward.
When the Call Comes: The First Shock After a DUI Arrest
By the time parents are contacted, much has already happened. Police may have stopped the car for swerving, at a checkpoint, or after noticing signs of alcohol. Field tests or chemical tests usually follow.
Even if a teen insists they “only had a sip,” the law does not excuse it. If the test shows alcohol above the threshold, charges are filed.
What happens next depends on circumstances. If no one was hurt and it’s a first offense, teens are often released into a parent’s custody after intake. If there was an accident, passengers, or a prior record, the intake officer may keep the child until a hearing.
That first night feels overwhelming. Parents sign paperwork, receive a court date, and leave with unanswered questions. But the night of the arrest is only the start of the process, not the end.
Zero Tolerance: Why Even One Drink Counts
Tennessee applies a strict standard for young drivers. Under Tenn. Code Ann. § 55-10-415, anyone under 21 can face a DUI if their blood alcohol concentration is 0.02% or higher.
Adults are charged at 0.08%. For minors, lawmakers chose 0.02% to reflect that they cannot legally drink at all. The standard is meant to capture any meaningful use of alcohol.
In 2025, Tennessee also expanded testing methods. Along with breath and blood, officers may now use oral fluids testing (saliva-based) to confirm alcohol or drugs. The results are admissible in court. This change makes it harder for teens to argue that their drinking “wasn’t enough to matter.”
The First 24 Hours: From Stop to Release
Once the stop occurs, the process moves quickly.
At the roadside: If alcohol is suspected, officers request chemical testing. Under Tenn. Code Ann. § 55-10-406, refusal brings license revocation. Since 2025, refusal can still be charged even if a warrant later produces a blood test.
After arrest: Teens are not placed in adult jail. They are processed through a juvenile intake office or facility. Parents are notified, and intake staff decide whether the child can go home or must stay until court.
Within 24 hours: Families receive paperwork and notice of a court date. At this stage, little is decided beyond setting the case in motion.
Inside Juvenile Court: How DUI Cases Are Treated
Juvenile court in Tennessee is not the same as adult criminal court. The goal is rehabilitation, not punishment. Instead of convictions, teens may be adjudicated delinquent.
Judges have discretion to order probation, alcohol education, counseling, community service, and license suspension. The approach is corrective, but it carries real consequences.
In more serious cases, prosecutors may seek to transfer the case to adult court. Under Tenn. Code Ann. § 37-1-134, transfer is possible if the offense involved injury, repeat violations, or extreme risk. Most first offenses remain in juvenile court, but the option exists.
As for records, many parents assume everything disappears at 18. That is not automatic. Under Tenn. Code Ann. § 37-1-153, expungement is possible, but only after a petition is filed and conditions are met. Until then, records can appear in background checks for schools, the military, or jobs.
The Ripple Effects: School, Sports, and Scholarships
Court orders are only part of the story. A DUI can spill into nearly every part of a teen’s life.
- School discipline: Some schools suspend or impose counseling when students are arrested, especially if the incident happened during a school event.
- Sports eligibility: Athletic codes often treat DUI as misconduct. Teens may be suspended or removed from teams.
- Scholarships and college admissions: Many scholarships require good standing. Applications often ask about arrests. A record that has not been expunged can raise questions.
- Employment: Teens who rely on driving for part-time jobs may lose work opportunities if their license is suspended.
Parents often find these consequences harder than the official penalties. They shape opportunities long after court obligations end.
License Suspensions and Interlocks: New Rules for 2025
For most teens, the biggest immediate penalty is loss of driving privileges. A first DUI usually means a one-year license suspension.
Courts can also require ignition interlock devices. Under Tenn. Code Ann. § 55-10-419, these devices prevent a car from starting if alcohol is detected. As of 2025, families receiving SNAP, TANF, or Medicaid may qualify for reduced costs.
The law also added grace periods for missed calibration appointments, which prevents automatic violations for simple scheduling issues. Still, tampering with or bypassing the device remains a serious violation that delays reinstatement.
Why Parents Often Turn to a Lawyer
Juvenile DUI cases are complex. They involve unique procedures, separate rules, and consequences beyond the courtroom.
A lawyer explains what adjudication means, when probation applies, and how expungement under § 37-1-153 works. They also guide families through DMV hearings, interlock requirements, and school issues.
Perhaps most importantly, attorneys can negotiate alternatives. Alcohol classes, counseling, or driver education sometimes replace harsher penalties if presented effectively. Timing matters. Parents who let their teen admit guilt too quickly may lose access to those options.
For a broader picture of how young people face the system, see Juvenile Crime Services on the Davis & Hoss website.
Looking Ahead: Protecting a Teen’s Future
A DUI at 16 or 17 feels devastating, but it does not have to define a lifetime. Tennessee law is strict, yet it is also designed with rehabilitation in mind.
For parents, the key is understanding the rules, staying engaged, and taking steps early to protect opportunities. Mistakes made at this age carry weight, but they don’t have to close every door.
Frequently Asked Questions
- What is the BAC limit for drivers under 21 in Tennessee?
The limit is 0.02%, under Tenn. Code Ann. § 55-10-415.
- Can a teen refuse a breath or blood test?
Yes, but refusal leads to license revocation under § 55-10-406. Since 2025, refusal can still be charged even if a warrant later allows a blood draw.
- Do juvenile DUI records clear at 18?
No. Records may be expunged under § 37-1-153, but only if conditions are met and a petition is filed.
- What happens to a license after a first DUI?
A first offense usually results in a one-year suspension, plus possible probation, service, and education programs.
- Can a teen’s case be transferred to adult court?
Yes, under § 37-1-134, but this is rare and typically reserved for serious or repeat offenses.
- How does a DUI affect college and scholarships?
Many programs ask about arrests. A DUI can raise questions unless the record is later expunged.
- Are ignition interlocks required for minors?
Judges may order them under § 55-10-419. As of 2025, some families qualify for cost relief.