Virginia Underage DUI Lawyer
Underage DUI cases are prosecuted strictly in Loudoun County because there is no significant inclination to reduce or dismiss underage DUI cases just because the person is under 21. Often times it is even seen a greater violation than if the person is over the age of 21 because now the person is committing two different violations: driving under the influence of alcohol and consuming alcohol while under the legal age. As a result, if you are charged with a DUI while under the age of 21 it is imperative you seek the legal counsel of a Virginia underage DUI lawyer.
A DUI lawyer in Virginia can assist you in building a strong defense all the while protecting your legal rights and minimizing the harm of the accusation as much as possible. To learn more call and schedule a free consultation today.
Underage DUI Laws
Depending on the circumstances of the case, someone under 21 may be charged under VA Code 18.2-266 just like an adult. For an underage driver, a legal limit for the Blood Alcohol Level (“BAC”) is .02% which is essentially a no tolerance or zero tolerance law.
If someone under the age of 21 has alcohol in his system above .08 or is deemed to be otherwise in violation of VA Code 18.2-266, meaning that an officer deemed him to be driving under the influence of drugs and alcohol, or driving under the influence while intoxicated with drugs or alcohol, the individual may be charged with a full-fledged adult DUI even if he is under the age of 21.
However, if someone is under 21 and his BAC is under .08, as registered on certificate of analysis, he may be charged with violation of VA Code 18.2-266.1, otherwise known as Baby DUI. Baby DUI statute has been amended quite often in the recent years. The current status of that statute makes it a very close in punishment to the full-fledged adult DUI which means an underage DUI lawyer in Virginia should still be contacted.
Determining Impairment in Underage DUI Cases
The statutes that determine whether or not you are charged with an adult DUI or underage DUI are identical to the statute used to determine whether or not you are going to be charged with DUI in the first place. If your blood alcohol is recorded and it is less than .08 but above .02 you should expect to be charged with underage DUI for violation of VA Code Section 46.2 – 266.1 and should immediately consult with a VA underage DUI lawyer.
However, under the variety of other circumstances under which you may be charged with DUI, including having a BAC recorded over .08, not having a BAC recorded but charged with driving while intoxicated, or driving under the influence of drugs or driving under the influence of drugs or alcohol, irrespective of the fact that you are under 21, you are charged under the same section as a person over 21 under similar circumstances. Therefore, being under 21 is not a shield to try to receive some sort of lesser or reduced punishments.
Importance of An Underage DUI Lawyer
If you are over the age of 18 but under the age of 21, you should expect that your case would be handled nearly identically to an adult over 21 accused of the same thing. If you are over the age of 18, you are an adult in the eyes of the law and you will be treated as such. For this reason, it is very important that you take your charge as seriously as you can and consult with a Virginia underage DUI lawyer as soon as possible.