The state of Virginia takes drinking and driving very seriously. Driving drunk can be classified as a misdemeanor, which is a felony offense that can lead to fines, suspension of licenses, and even jail time. This can lead to many negative consequences down the road, such as increased insurance rates and a permanent criminal record. However, this is just for adults! Teen drinking and driving is even more serious, and has much higher thresholds for what may be considered a DUI. Understanding the potential costs and staying sober on the road can help prevent damage and loss in an alcohol-related accident. For more information on underage DUIs, consider speaking with an experienced Virginia traffic lawyer from Driving Defense Law. Schedule a consultation by calling the offices at (757) 929-0335.
What Is Underage DUI?
Teen drinking and driving is defined as any driver under the age of 21 operating a motor vehicle after consuming alcohol, or operating a vehicle with a blood alcohol content (BAC) of more than 0.02%. This may occur when teens opt to risk driving intoxicated for fear of upsetting their parents by calling for a ride. In addition to this, because of underage drinking laws, many teens who drink choose to do so in remote or hidden locations, and the impairment of alcohol may lead them to make reckless decisions that can lead to great harm.
Zero Tolerance Policy
While the legal limit for adults is a BAC of over 0.08%, the rules are different for teen drinking and driving. The state of Virginia imposes a much lower limit on underage drivers to send a clear message that underage drinking and driving will not be tolerated. This means that, for minors, operating a vehicle with a BAC of over 0.02% is enough to be charged with a DUI. In addition to this, the consequences for a DUI or DWI may be more severe for minors, as they are also breaking underage drinking laws as well as a traffic violation.
Penalties for Underage DUI
There are various consequences, some direct punishment for lawbreaking and some unintended results, that may come from teen drinking and driving. These may include fines, suspension of licenses, and even jail time according to the Code of Virginia. Teen drinking and driving is a complex subject, as it involves multiple infractions of the law. An experienced DUI lawyer from Driving Defense Law can help to clarify the legal particulars surrounding a case.
Fines and Penalties
A teen convicted of a DUI may be required to pay fines of up to $2,500 and a minimum of $500. In addition to this, they may be sentenced to jail time up to a year. For higher BACs of 0.15% and 0.20%, there is also a minimum required jail time. In many cases, the offender must also complete a certain number of community service hours, depending on the decision of the judge.
License Suspension
Underage DUI offenses will result in a suspension of license for a period of one year from the date of conviction. Depending on the severity of the offense, this suspension may be longer if the offender has violated other statutes. However, there are certain circumstances in which a teen driver may be issued a restricted license that provides for them to drive between home, school, and court-appointed meetings. To obtain this license, the individual may need to attend a Virginia Alcohol Safety Action Program to qualify.
Higher Insurance Rates
In addition to the court’s decisions on punishment, the teen may also experience increased insurance rates. Many young people already have very high insurance rates, but a DUI will make those rates climb even higher. Some drivers may need to get a special form of coverage called a Financial Responsibility Certificate. This is especially relevant in Virginia, as DUI offenses remain on record at the DMV for 11 years, which may mean these increased rates stick around until the charge finally leaves the record.
Repeat Offenses
Teen drinking and driving offenses are serious, but they become even more so on second and third offenses. For repeat offenses, drivers can have their licenses suspended for longer, and face greater fines, and longer jail time. License suspension can be up to three years on a second offense, and third-time offenders may even be facing felony charges.Complying with restrictions and being responsible can not only prevent further fines and legal hardships but can also protect the life and property of others on the road.
Exceptions to Underage Drinking Laws
While there are no exceptions to teen drinking and driving laws, there may be a possible exception to underage drinking. If the parents or guardians of a minor consent to their responsible consumption of alcohol inside their own house, the minor may be allowed to partake.However, in the event of an underage DUI, this law will not exempt one from the consequences of teen drinking and driving.
Frequently Asked Questions
Listed below are some frequently asked questions regarding teen drinking and driving.
Are Minors Required to Submit to Breathalyzer Tests?
Just as adults are, minors are required to submit to breathalyzer tests. The implied consent law means that anyone driving a motor vehicle consents to having their blood tested for drugs, alcohol, or other chemicals.
Can a DUI Affect College Scholarships for Students?
The effects of being convicted of a DUI or DWI may not stop in the courtroom. Many schools and colleges have underage drinking policies, and teen drinking and driving may result in unintended consequences, including loss of scholarship.
Contact a Virginia DUI Attorney Today
Teen drinking and driving is a serious matter in Virginia. In 2022, 27% of all traffic fatalities were alcohol-related. In addition to that, teen alcohol consumption is strictly forbidden except under very specific circumstances. By driving under the influence, an individual endangers not only their license and freedoms but also the lives and property of themselves and others. Staying sober on the road and being responsible with substances is incredibly important. By promoting responsibility and protecting those on the road, people can create a safe environment and reduce traffic fatalities and property damage.For more detailed information on the complexities of Virginia traffic law and DUI offenses, consider speaking with a DUI attorney from Driving Defense Law who will serve you with integrity and diligence. Consider scheduling a consultation by calling the office at (757) 929-0335.
