Penalties Just Got Harsher for Underage Drinking and Driving in Virginia

As part of the national move toward zero tolerance for underage drinking and driving, Virginia lawmakers unanimously approved a bill that significantly toughens the penalties for drinking and driving under the age of 21.

The bill was authored by Delegate Bill Janis, R-Henrico, who was honored this summer for his efforts to fight drunk driving by The Century Council, a charitable organization that promotes responsible drinking and driving and is funded by distillers.

As of July 1, 2011, the infraction became a Class 1 misdemeanor. The penalties for an underage driver in Virginia convicted of having a blood alcohol content of 0.02 or more will lose his or her license for one year (formerly for six months) and either pay a fine of at least $500 (formerly up to $500) or perform 50 hours of community service.

Of course, if an underage driver's BAC were 0.08 or more, he or she would be eligible for a regular driving-under-the-influence charge. The penalties for a first 0.08 DUI offense include a mandatory 10 days in jail, a mandatory $250 fine and a one-year license revocation.

Drivers under 21 can also be convicted of driving under the influence of drugs. According to the Virginia Department of Motor Vehicles, drivers under 21 are more likely to use drugs and drive than older drivers are.

The lawmakers' concerns are well supported by the facts. According to the federal Substance Abuse and Mental Health Services Administration, on average over half of Virginia's 18- to 20- year-olds reported drinking alcohol in the past month (2004 to 2008 data). In addition, the National Institute on Alcohol Abuse and Alcoholism reports that for a driver under 21, the chance of a fatal crash rises faster with a higher BAC than it does for an older driver.

The patterns in Virginia mirror the national findings. According to the Virginia DMV, DUIs were handed out in the commonwealth to 1,285 drivers younger than 21 in 2010.

If you are charged with underage drinking and driving, or if you are the parent of someone so charged, be sure to contact an experienced criminal defense attorney as early as possible to educate you about the situation and take all necessary steps in your (or your child's) defense.