Virginia Cracks Down on Underage Drinking and Driving
According to Washington Regional Alcohol Program statistics, motor vehicle accidents are the leading cause of death in the United States for 15 to 20 year-olds. In 2008, 31 percent of the teenage drivers who died in car accidents had been drinking.

July 20, 2011 /24-7PressRelease/ -- According to Washington Regional Alcohol Program statistics, motor vehicle accidents are the leading cause of death in the United States for 15 to 20 year-olds. In 2008, 31 percent of the teenage drivers who died in car accidents had been drinking. In 2009, Virginia police arrested over 1,000 people for underage driving under the influence. A teenager is injured in an alcohol-related auto accident every 16 hours in Virginia alone.

Virginia state lawmakers responded to the problem of underage DUI in February 2011 by passing a new bill. Starting July 1, 2011, Virginia's "zero-tolerance" policy for underage drinking and driving will have increased penalties.

Underage Alcohol Consumption Law in Virginia

Before the new law went into effect on July 1, 2011, underage drinking and driving under Va. Code 18.2-266.1 was a non-jailable offense. At that time, the penalty was a six month license forfeiture, a fine of not more than $500, and in some but not all cases completion of the Alcohol Safety Action Program (ASAP).

Prior to the new law, punishments for other offenses involving young people and alcohol use were actually more severe than for underage DUI. If an underage person is found guilty of possessing, consuming, transporting or purchasing alcohol in Virginia, it is a class one misdemeanor. If a teen is convicted of underage drinking, he or she faces a driver's license suspension for at least six months and up to a year, in addition to a $500 fine or 50 hours of community service. If a person misrepresents his or her age by using a fake ID to consume alcohol in Virginia, he or she could be penalized with a $500 minimum fine, 50 hours of community service, driver's license revocation for up to a year, and a possible jail sentence of up to a year.

Changes to the Law

After the new law goes into effect on July 1, 2011, the penalties for underage DUI will mirror those for underage consumption or possession in Virginia. Those under the age of 21 years found guilty of driving with a blood alcohol concentration (BAC) of .02 or higher will have a class one misdemeanor on their records. A one-year driver's license suspension is now mandatory for those convicted of underage DUI, in addition to either a $500 fine or 50 hours of community service. Supporters of the law hope that the mandatory one year license suspension puts teeth in the law, since a driver's license represents freedom for so many young people.

Virginia's law is a zero-tolerance law and a BAC of .02 qualifies as "under the influence" for anyone under the age of 21 years old, even though people over 21 years old are not under the influence unless they have a BAC of .08 or higher. According to the National Highway Traffic Safety Administration, a person weighing 120 pounds can reach a .02 BAC by having one drink an hour.

In passing the new legislation, lawmakers reinstated the previous penalties for underage DUI that expired in 2008 in a sunset provision. Advocates of the new law argue that it eliminates the mixed message that the Virginia Code was sending Virginia teenagers by making possessing alcohol a more serious offense that driving after drinking.

Virginia legislators have proposed similar legislation in the past but the bills died because some believed that criminalizing a status offense would result in Virginia losing federal grant money for violating the Juvenile Justice and Delinquency Prevention Act. In this case, the law would treat drivers differently for having .02 to .08 BAC if they were under 21 years old than if they were over 21 years old. However, federal officials assured Virginia legislators that it would not be a problem for the state to crack down on underage DUI. After receiving that confirmation from the federal government, Virginia lawmakers passed the bill unanimously.

Advocacy groups support the new legislation as a positive step in eliminating the problem of underage DUI. Program manager for the Virginia branch of Mothers Against Drunk Driving (MADD) Christopher Konschak said that he hopes the new law will make teenagers consider the choices they make with respect to alcohol and driving.

A charge of driving under the influence is a serious matter for anyone, but that is especially true for those who are underage. Fairfax traffic defense lawyer Matthew Kensky of MacDowell & Associates cautioned that under the new changes, a person under 21 years of age who is convicted of violating Va. Code 18.2-266.1, "would have a permanent criminal record for a Class 1 Misdemeanor, and therefore young adults facing this charge need to consult with an experienced traffic attorney prior to appearing in court." If you are facing underage DUI or other juvenile crime charges, do not hesitate to contact an experienced criminal defense attorney who can discuss your situation and inform you of your options.

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