A mistake shouldn’t define your academic future. Fight back with an experienced DUI defense team.
So, you’re a college student and you’ve just been arrested for Underage Driving While Impaired or DUI. What should you do? You’re likely nervous, concerned about how this impacts your enrollment in the school, and worried about the impact this may have on your life. Our team is here to guide you through those concerns and make sure that you are taken care of as best as possible so you can focus on your education. At Barnes & Fersten, our goal is to fight for your future so you can stay focused on your education while we work to reduce or dismiss the charges against you.
Underage Driving While Impaired is a crime in Tennessee that carries many of the same penalties as a DUI. A conviction for Underage DWI can result in fines, court costs, and public service work. Further, a conviction would also result in a year-long suspension of your license. If you or your child has been charged with Underage Driving While Impaired, it’s important to obtain the best DUI attorney in Tennessee to defend their case.
Underage Driving While Impaired is governed by the state’s criminal code, specifically Tennessee Code Annotated (T.C.A.) 55-10-415. According to the statute, a person commits UDWI while operating a motor vehicle while under the influence of drugs or alcohol or having a BAC above 0.02%.
Does the situation change if you’re a student but you’re over 21 years old? Absolutely. Once you are legally allowed to consume alcohol, the penalties for driving under the influence change with it. Instead of just fines, community service and a license suspension, you face the additional concerns of jail time, probation, and a non-expungable offense. Because DUIs are not expungable in Tennessee, it’s crucial that you get in contact with an experienced DUI attorney to ensure all avenues are explored in keeping your record clean.
Just because you’re under 21, does that mean that you are safe from a DUI? Not necessarily. UDWI is defined by statute as “a lesser included offense of driving while intoxicated.” What does that mean? Well for starters it means that the elements are similar. Similar to how there are two different kinds of DUI, plain DUI and DUI per se, there are also two different kinds of UDWI. The benefit of an UDWI is that there is no probationary period, meaning that immediately upon the conclusion of your case the charge is eligible for expungement. This means that your record will be cleared, and you can legally pretend that the charge never occurred. For DUI, that is unfortunately not the case. As mentioned, a DUI is non-expungable, meaning that it is imperative that you receive the best defense possible to ensure that all avenues are explored in averting a conviction as charged.
Another key difference between DUI and UDWI is the BAC differences required by the per se portion of the statute. DUI, governed in Tennessee by TCA 55-10-401, makes it a crime to operate an automobile or other motor driven vehicle with a BAC of 0.08% or higher. The UDWI has an incredibly low threshold, being only a 0.02% BAC to be in violation of the statute. So how does a police officer or district attorney decide to charge or prosecute between the. The most important factor is going to be a person’s age. A person under the age of 21 may even be charged by the officer with the lesser included offense of UDWI at the time of the arrest. However, it is ultimately up the prosecutor assigned to your case to decide how they want to go forward, and it is important to make sure you have representation to negotiate and reach the best outcome possible, whether that be a dismissal or a reduction to a lesser offense.
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While DUI and UDWI cases share similarities, defending a college student DUI requires additional legal considerations. We routinely use strategic defenses, including:
🔹Challenging the Traffic Stop: Did the officer have reasonable suspicion to pull you over? If not, your case may be dismissed.
🔹Field Sobriety Test Defenses:
🔹Challenging BAC and Chemical Tests:
🔹Medical or Other Conditions That Mimic Impairment:
📞 A college DUI can have long-term consequences, but it doesn’t have to define your future. Contact Barnes & Fersten today to start building your defense.
If you’re a college student arrested for DUI or Underage Driving While Impaired, where your arrest occurred can impact your case in ways you may not expect. Many universities have separate disciplinary policies for students who face criminal charges—even if the incident happened off-campus. Here are some examples worth considering:
Students at the University of Tennessee face unique challenges after an arrest because the university has its own police department. If UTPD made the arrest*, the university is already aware of the charges, and disciplinary action may follow—even while the criminal charge is still pending.
According to UTK’s Student Conduct and Community Standards guidelines, the process will include 2-4 steps. First, UTK will send an email to you providing written notice that a report has been filed. This is not guilt, rather this is just a way that the University puts you on notice that they are aware that charges were taken against you and what your options are. From there, the University can begin an in-house investigation outside of the criminal charges.
While this process may seem overwhelming, remember: your academic future is not automatically at risk. Having an experienced DUI attorney can help protect both your criminal record and your standing at the university.
📝 UTK Students: Click here to review your school’s policies on criminal charges.
*📌 UTK compiles reports from multiple law enforcement agencies, including Knox County Sheriff’s Office and Knoxville Police Department. This means even if your arrest wasn’t made by UTPD, the university may still find out about the incident.
At Maryville College, their Code of Conduct states that students must “…promptly notify the Dean of Campus Life in writing of any Charge or Conviction occurring while the student is enrolled at the University.”
Does this you’re being thrown out of college? No. the policy outlines the process for handling a charge while a student at Maryville College, including review meetings, keeping the university informed of the progress, and the “student’s obligation to advise the University of the final disposition.” In short, Maryville College wants to track charges faced by students, but it does not mean that you will be automatically facing expulsion or suspension.
📝 Maryville Students: Click here to review your school’s policies on criminal charges.
A DUI or Underage Driving While Impaired charge doesn’t have to be the end of the road. The consequences of a conviction are serious, but with the right legal defense, you can fight back. Your education, career, and reputation are too important to leave to chance.
At Barnes & Fersten, we understand what’s at stake. While you focus on your studies, we’ll handle the legal complexities—analyzing evidence, challenging weaknesses in the prosecution’s case, and aggressively advocating for the best possible outcome in your case.
Our attorneys have extensive experience defending DUI cases throughout East Tennessee, including Knoxville, Blount, Sevier, Gatlinburg, Pigeon Forge, Anderson, Loudon, Roane, Cumberland, Union, Campbell, Hamblen, McMinn, and surrounding counties. Our goal is to reduce or dismiss charges so you can move forward with both your education and future confidence.
📞 Call us today at (865) 805-5703 for a free consultation.
📝 Or fill out our contact form to start building your defense now.
Barnes & Fersten PLLC was founded with you, our future client, as the focal point. We work hard every day to deliver each client a high-quality, personalized and aggressive representation.
