Every state has laws deterring individuals from driving a vehicle under the influence of alcohol. However, people make mistakes, and sometimes those mistakes include getting behind a wheel after drinking a little too much.
States also make known their strong interest in deterring underage individuals from drinking and driving, and Virginia is now taking an exceptionally strong stance on this issue. On July 1, 2011 Virginia passed a new law and created increasingly strict penalties for underage drinking and driving violations.
New Underage Drinking and Driving Punishments
According to WTOP.com, Virginia will have a zero tolerance policy for underage drinking and driving. If someone under the age of 21 has a Blood Alcohol Content (BAC) of 0.02 (or higher), then they will be subject to minimum penalties of a one year forfeiture of their license, combined with either a $500 minimum fine or 50 hours of community service.
These minimum penalties are viewed by many as unforgiving, especially considering a 0.02 BAC is attainable by many after only a single alcoholic drink. Also, depending on the circumstances, an underage individual could face Virginia's maximum penalties. These include a maximum of 12 months in jail and up to a $2500 fine.
Regardless if a minor faces the minimum or maximum penalties imposed by this new law, all underage individuals stand to lose a lot if they get behind wheel after having consumed alcohol.
Resistance to the New Regulations
The drinking age itself can often be a point of contention with a significant portion of the population believing it should be reduced to 18.
People also question whether young drivers who currently drink and drive will be deterred by the new consequences at all. For example, the Richmond Times Dispatch reported many young adults will continue to engage in this practice regardless of the new law and its punishments.
Parent's Responsibilities and Liabilities
Virginia's Department of Alcoholic Beverage Control points out it is not only the underage person who can face charges, but often their parents can as well.
For example, if a parent provides alcohol to their child (or other minors), they may be held responsible if someone as a result of alcohol use:
- Hurts themselves or someone else
- Damages Property
- Injures or kills themselves or others while driving
These new laws make it even more important for underage individuals, and often their parents, to get proper legal advice from an experienced criminal defense attorney if they find themselves affected by this new, or existing, criminal law(s).
