Virginia has a strict policy against underage drinking and driving. Anyone under 21 cannot legally buy, possess, or consume alcohol. If an underage driver is found with any alcohol in their system, they could face a suspended license, fines, and even jail time. It’s essential to consult a DUI defense lawyer if you are dealing with a DUI under 21 charge to understand your options for keeping your driving privileges.
Virginia DUI Laws for Underage Drivers
Drivers under 21 can face the same DUI penalties as those 21 and older, but the rules are stricter for underage drivers. They have a lower blood alcohol concentration (BAC) limit. Even a tiny amount of alcohol can result in a DUI charge, even if the driver appears to be driving safely.
Legal Limit for Under-21 DUIs
Under Virginia’s zero-tolerance policy, drivers under 21 can face penalties for a BAC between 0.02% and 0.08%. Even if they are acquitted, underage drivers caught in this range can have their licenses suspended.
Drivers of any age convicted with a BAC of 0.08% or higher face more severe penalties. The consequences depend on their BAC level and previous DUI offenses.
Penalties for Underage DUIs
If someone under 21 is caught driving after drinking, it’s classified as a Class 1 misdemeanor. The penalties for this can include:
- License Suspension: One-year suspension from the date of conviction.
- Fines: Mandatory fines.
- Community Service: Completion of 50 hours.
- DUI Education: Attendance in alcohol education or treatment programs.
If the BAC is 0.08% or higher, the penalties are the same as for any adult DUI offense, which may include: - Fines ranging from $250 to $2,500.
- Up to a year in jail.
- Mandatory minimum jail time for higher BACs (5 days for 0.15% or higher, and 10 days for 0.20% or higher).
- A seven-day administrative license suspension.
- A 12-month license suspension.
- Setting up an ignition interlock device for six months.
- Completion of the VASAP.
License Suspension for Under-21 DUIs
An underage driver with a suspended license may be eligible for a restricted license. This allows limited driving for essential trips, such as work or school. The individual may need to complete a VASAP program to obtain a restricted license.
Higher Insurance Rates After a DUI
Young drivers often face higher insurance rates than older drivers, and a DUI conviction will increase those rates even more. Most drivers convicted of DUI will need special insurance coverage known as a Financial Responsibility Certificate, which may be required for three to four years. Since a DUI stays on a driver’s DMV record for 11 years in Virginia, their insurance rates could remain high for a long time.
College Students with Under-21 DUIs
Many DUI arrests in Virginia involve college students who may experiment with drinking. In college towns like Charlottesville, strict enforcement increases the chances of encountering legal trouble related to drinking and driving.
Colleges and universities often have their own rules regarding student behavior. A DUI could lead to disciplinary action, including loss of scholarships, removal from sports, suspension, or expulsion. Suppose you’re a college student facing a DUI. In that case, speaking with an experienced DUI defense lawyer about your rights and options is crucial.
Underage Possession or Fake ID Penalties
If an underage driver is found to be under the influence, they may face additional charges such as:
- Possession of a fake ID.
- Underage possession of alcohol.
- Unlawful possession of marijuana.
Multiple charges can complicate a case, as prosecutors may offer plea deals that involve dropping. Some charges can be changed for a guilty plea to others. Before accepting any plea deal, it’s essential to understand your rights. You might have a stronger case than you think. Meet with a skilled DUI lawyer to get help for the best strategy for handling an under-21 DUI charge.
Under-21 DUI Defense Lawyer
Facing a DUI charge as a minor can have serious consequences. Suppose you want to retain your driving privileges in Virginia and avoid a criminal record. In that case, it’s vital to contest the charges against you. Contact an attorney with experience defending underage DUIs. Call (703) 988-3711 or (301) 840-0080 today for a free consultation.
