For drivers under 21, Virginia is effectively a zero tolerance state. Under Va. Code § 18.2-266.1, a person under 21 who drives after illegally consuming alcohol with a blood alcohol concentration of 0.02 percent or more, but less than 0.08, commits a Class 1 misdemeanor. To put 0.02 in perspective, a single drink can get many people there. This offense is often called baby DUI, and the nickname badly undersells it.
A conviction under the zero tolerance law carries a mandatory one year loss of your driver’s license, plus a mandatory minimum $500 fine or at least 50 hours of community service. The court can authorize a restricted license for school and work in appropriate cases, and completion of the Virginia Alcohol Safety Action Program is typically required.
If an underage driver blows 0.08 or higher, the zero tolerance statute no longer applies and the charge becomes a standard DUI under Va. Code § 18.2-266, with everything that entails, including mandatory license revocation and possible jail time. In other words, being under 21 does not shield you from the adult DUI law. It just adds a second, stricter law underneath it.
These cases involve technical issues around stops, field sobriety tests, and breath testing that reward experienced counsel. Joel has defended DUI cases in the New River Valley for decades. Call him at 540-961-5297, and read more on his page about underage DUI charges in Blacksburg.