This article provides an overview of Tennessee’s laws regarding alcohol consumption by minors and related offenses. The state has established clear legal standards and penalties to address underage drinking, furnishing alcohol to minors, and driving under the influence. Understanding these laws is important for residents and visitors alike.
Tennessee’s Legal Drinking Age Standard
The legal age to purchase, possess, or consume alcoholic beverages in Tennessee is 21.1FindLaw. Tennessee Code Title 1. Code and Statutes § 1-3-105 This standard is largely due to the National Minimum Drinking Age Act of 1984, which required states to raise their drinking age to 21 or risk a reduction in federal highway funding.
While individuals 18 and older may be employed to sell or serve alcohol, the age for personal consumption remains strictly enforced.2Justia. Tennessee Code § 57-4-203 (2024) – Prohibited practices – Hours of sale – Authority of commission – Penalties This distinction highlights the state’s focus on regulating access to alcohol for those deemed underage.
Penalties for Underage Alcohol Violations
Individuals under 21 caught illegally possessing, consuming, or attempting to purchase alcohol face a Class A misdemeanor charge.3Justia. Tennessee Code § 57-5-301 (2024) – Sales to minors or intoxicated persons prohibited – Employment of certain offenders prohibited – Hours of sale and consumption – Loitering by minors – Possession by minors unlawful – Signs on vendors’ premises This offense carries a maximum jail sentence of 11 months and 29 days and a potential fine of up to $2,500.4Justia. Tennessee Code § 40-35-111 (2024) – Authorized terms of imprisonment and fines for felonies and misdemeanors The court can also impose other penalties, including participation in an alcohol awareness program or community service.
A conviction for underage possession or consumption also requires the court to revoke the individual’s driver’s license. The loss of license can last for one year, or until the person reaches 18, whichever is longer. For those who do not yet have a license, the conviction prevents them from obtaining one for the same duration.
Consequences for Furnishing Alcohol to Minors
Providing alcohol to anyone under the age of 21 is an offense in Tennessee. Adults who give or sell alcoholic beverages to a minor can be charged with a Class A misdemeanor, with penalties including up to 11 months and 29 days in jail and fines reaching $2,500.5Justia. Tennessee Code § 39-15-404 (2024) – Enticing minor to purchase alcoholic beverages or beer – Giving or purchasing of alcoholic beverages or beer for minor – Allowing underage consumption of alcoholic beverages, wine, or beer This law applies to private citizens hosting parties and employees of licensed establishments.
Beyond criminal charges, there can be civil liability. Tennessee’s laws allow lawsuits against businesses that sell alcohol to a person known to be under 21 if that minor then causes injury or death. Social hosts providing alcohol to a minor who then causes harm can also lead to civil liability. For businesses, a conviction for selling to a minor can also lead to the suspension or revocation of their license to sell alcohol.
Exceptions to Underage Drinking Prohibitions
Tennessee law provides exceptions to its prohibitions on underage alcohol consumption. One exception allows a person 18 or older to possess and sell alcohol as part of their employment. Another exception permits a minor to consume alcohol as part of a religious ceremony. Tennessee does not have an exception for parents to provide alcohol to their own children in a private residence, and doing so is illegal.
Using Fake IDs for Alcohol Procurement
The use of false identification to obtain alcohol is a distinct criminal offense in Tennessee. It is unlawful for a person under 21 to present a fake ID or make a false statement to purchase alcohol, which can lead to penalties including fines, community service, and jail time.6Justia. Tennessee Code § 39-16-303 (2024) – Using a false identification
This offense is separate from the charge of underage possession. An individual can face charges for both using the fake ID and for the subsequent possession of alcohol if the attempt is successful. The creation or distribution of fraudulent identification also carries its own set of penalties.
Underage DUI Laws in Tennessee
Tennessee enforces a “Zero Tolerance” policy for individuals under 21 who drive after consuming alcohol. While the standard Blood Alcohol Content (BAC) limit for adults is 0.08%, the threshold for underage drivers is 0.02%.7Justia. Tennessee Code § 55-10-415 (2024) – Underage driving while impaired – Penalties This low limit means that even a single drink can place an underage driver in violation of the law.
The penalties for an underage DUI conviction include a first offense being a Class A misdemeanor, carrying a one-year driver’s license revocation and a $250 fine. The court may also order the offender to complete community service.