Tennessee Underage Consumption Laws

From 2022 to 2024, there has been a 17% increase in underage alcohol sales violations in Tennessee. There have also been increases in alcohol-related crashes and hospitalizations for underage individuals in the state, along with increases in alcohol-related deaths. This growing issue is one law enforcement and the courts are actively working to reduce.

Many people are unclear about underage consumption laws or fail to realize that several other alcohol-related laws in Tennessee come with serious consequences.

Legal drinking age in Tennessee

The legal drinking age in Tennessee is the same as in the rest of the United States. An individual has to be age 21 or over to purchase or consume alcohol. A federal law passed in 1984 encouraged states to adopt age 21 as the minimum drinking age by tying compliance to federal highway funding. Before then, states set the legal age limits.

Underage drinking laws in Tennessee

Tennessee has several laws related to underage drinking:

Consumption

A person can be charged with underage consumption if a prosecutor can prove they consumed alcohol and were under the age of 21. Underage consumption is a crime, and a conviction could appear on a person’s criminal record.

Possession

Possession of alcohol as an underage person is also a crime. A conviction for underage possession could also come with fines, penalties, a criminal record, or jail time.

Purchase of alcohol

Underage individuals are prohibited from purchasing alcohol. Law enforcement may use underage individuals in compliance checks to identify unlawful alcohol sales. Those caught purchasing alcohol under the age of 21 may face serious, long-term consequences.

Furnishing alcohol to minors

Individuals can be charged with supplying alcohol to those under the age of 21. This is illegal no matter the relation to the underage individual. People who furnish alcohol to underage individuals may face criminal charges and serious consequences if convicted.

False identification to obtain alcohol

Some individuals obtain false identification to purchase alcohol. This is a serious criminal offense that carries significant consequences if convicted.

Driving under the influence

Drinking and driving is a serious criminal offense in Tennessee. If convicted, people may lose their licenses, face jail time, or have to pay hefty fines. There is very little tolerance for underage drinking and driving.

Does Tennessee allow parents to give their underage children alcohol?

Some states allow parents to give their children alcohol within their homes. Tennessee does not allow this. Any adult who gives an underage person alcohol and is caught may face criminal charges.

Are there exceptions to the underage drinking laws?

There are limited exceptions to Tennessee’s underage alcohol laws. Tennessee law generally makes it unlawful for someone under the age of 21 to consume alcohol. Tennessee also provides limited immunity for certain alcohol offenses when someone seeks medical assistance in good faith for an overdose.

Exceptions may also apply to employment and religious ceremonies. If someone is between the ages of 18 and 21, they can sell, serve, or transport alcohol if it’s related to their job. Some religious ceremonies may also involve alcohol and underage participants.

Consequences of underage drinking

So, what are the long-term consequences of underage drinking? It depends on the age and the situation, but in general:

Minors under 18

Minors under 18 will face juvenile court and related charges. The consequences vary greatly depending on several factors. In limited circumstances, a 17-year-old may potentially be transferred to criminal court if Tennessee’s statutory requirements are met. It’s recommended that minors facing underage consumption charges seek legal counsel.

Adults ages 18 to 20

Consequences for adults ages 18 to 20 also vary depending on the case circumstances. In general, people may face jail time, penalties, fines, or license suspension. We strongly encourage anyone in this age range with underage charges to speak to an attorney about their legal options.

Underage alcohol consumption FAQs

Anyone under the age of 21 is considered underage when it comes to alcohol. We’ve answered common questions we get about underage alcohol situations below:

What if I’m holding someone else’s drink at a party?

Anyone under the age of 21 who is caught holding a drink could be charged under possession laws and, if there is evidence they consumed alcohol, under consumption laws. It’s best to avoid all interactions with alcohol until age 21.

Can I serve alcohol as a bartender if I’m under the age of 21?

Generally, yes. People ages 18 to 20 may serve alcohol as part of their employment if they meet applicable server-permit requirements. If the establishment permits smoking, servers must be at least 21.

What is the BAC limit for underage drivers?

There is little tolerance for underage drinking in Tennessee. For drivers under the age of 21, a BAC of 0.02% or more violates Tennessee’s underage driving while impaired law. For comparison, 0.08% is the per se DUI threshold.

What are the long-term consequences of an underage alcohol consumption charge?

An underage consumption conviction can have consequences beyond the immediate penalties. Criminal charges can appear on background checks, although Tennessee provides a special expungement process for qualifying underage alcohol violations after six months. This could impact employment and housing opportunities. Anyone facing an underage consumption charge is encouraged to speak to an experienced defense attorney.

Can a defense lawyer help me?

They may be able to help you, depending on the circumstances of your situation. We recommend you reach out to request a consultation to learn more about your legal options.

In general, defense lawyers help their clients by building a strong defense and advocating for their rights. They may argue for reduced penalties and fight to get charges dropped when possible.

The Law Offices of Adrian H. Altshuler & Associates may be able to help.

Facing an underage alcohol charge can be stressful, especially when you are unsure what comes next. Individuals facing these charges may benefit from speaking with a lawyer about their options. Law Offices of Adrian H. Altshuler & Associates offers free initial consultations to understand your legal situation. Contact us today to learn more about your legal options with a free appointment.