What Will Happen When a Person Under 21 Years Old Is Arrested for DWI/DUI in Virginia?
Persons under 21 who are stopped for drinking and driving can be charged with a standard DWI/DUI (under code section 18.2-266), just as another person can. However, the officer also has the option of charging the driver under code section 18.2-266.1, often referred to a “baby DUI” which makes it “unlawful” for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol and having a blood alcohol concentration of 0.02 percent or more. A violation of this section is a Class 1 misdemeanor. Punishment includes (i) a 12 month loss of license and (ii) a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service.
