Can an Underaged DUI Be Expunged in TN?
The matter of whether an underaged driving under the influence (DUI) conviction can be expunged in the State of Tennessee is complicated but worthy of careful consideration. Your child has their entire future stretching out in front of them, and you would hate for one lapse in judgment to limit their opportunities going forward. If your child is facing a DUI charge or has one on their record, there are a range of legal intricacies to navigate, but an experienced Tennessee criminal defense attorney is standing by to help.
Expungement
Expungement refers to the opportunity to delete a criminal conviction from one’s record – and because criminal records are a matter of public information – doing so can be exceptionally beneficial in relation to all the following:
- Job opportunities
- Educational opportunities
- Opportunities related to renting an apartment or obtaining a home loan
Having a criminal record of any kind can also tarnish the individual’s reputation, which can directly affect their social standing and any professional licensure they may hold. Expungement, however, is only available for some charges, and DUI is not one of them.
The Rules Are Different for Those under the Age of 21
To be convicted of driving under the influence – or DUI – in Tennessee, you need to be at or above the legal limit of .08 percent blood alcohol concentration (BAC). Or, if your BAC is below the legal limit, the police will need to demonstrate that your driving was dangerously impaired by alcohol.
Things are different, however, for those under the legal drinking age of 21. In Tennessee, an underage driver with a BAC of .02 percent or higher can be charged with underage driving while impaired. If the accused is under the age of 18, the charge is a delinquent act, which is addressed by the juvenile court and can be expunged through a formal request to that court. If, however, the accused is 18 or older, the charge is a Class A misdemeanor, which – if it leads to a conviction – cannot be expunged.
It is important to also note that, if the accused is at least 18 and they have a BAC of at least .08 percent or they exhibit signs of impairment, they can potentially face an adult DUI charge. This charge is more serious still, and as such, it can’t be expunged.
Turn to an Experienced Tennessee Criminal Defense Lawyer for the Help You Are Looking For
Joshua Crain at The Law Offices of Joshua T. Crain is an accomplished criminal defense attorney who recognizes the important role that your child’s record will play in their future and is committed to doing what it takes to help minimize the impact of a prior conviction – or to potentially eliminate it altogether. The stakes are far too high to leave to chance, so please do not put off reaching out by contacting us online or calling 615-697-6242 for more information about what we can do to help you today.