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Virginia's Use and Lose Laws |
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| Use & Lose Laws: Adult 18.2-266 - Driving Under the Influence of Alcohol and Drugs. When operating a motor vehicle, boat or water craft in Virginia, you are legally considered driving or operating under the influence if your blood alcohol content (BAC) is 0.08% or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or water craft is impaired. If your driving is affected because your are under the influence of any drug, you may face the same penalty as driving under the influence of alcohol. 18.2-270 - Penalties A second DUI offense within five years carries a mandatory jail sentence of at least five days and up to 30 days. A third DUI offense will be prosecuted as a Class 6 felony. If your BAC is 0.20% or higher at the time of the first or second offense, you face additional mandatory jail time. 18.2-270 - Transporting Children While Driving Under the Influence. You are subject to a extra penalty if you have children under age 18 in the motor vehicle when you are driving under the influence of alcohol or drugs. There is an additional fine of up to $1000 and up to 80 hours of community service for second conviction. 46.2-301.1 - Vehicle Impoundment The vehicle you are driving will be immediately impounded or immobilized for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days following conviction. The owner of the vehicle may petition the court for release of the vehicle. Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a Class 1 misdemeanor. 46.2-391.2- Administrative License Revocation Your driver's license will be automatically revoked by the arresting officer for seven days if your BAC is 0.08% or higher or if you refuse to take a breath test. You no longer have the option of requesting a blood test instead of a breath test for an alcohol related offense. 18.2-323.1 - Open Container You may be charged with drinking while operating a motor vehicle with an open container of alcohol, if your are stopped by law enforcement and you have an open container of alcohol in the passenger compartment and the contents have been partially removed, and you exhibit signs that you have been drinking. The passenger area means the area designed to seat the driver and passengers and any area within the driver's reach, including an unlocked glove compartment. |
Use & Lose Laws: Under 21 VIRGINIA IS TOUGH on underage drinkers driving under the influence of alcohol or drugs. 18.2-266.1 - Equal Penalties Persons under age 21 who drive while under the influence of drugs or with a blood alcohol content (BAC) of 0.08% or higher are subject to the same penalties as persons age 21 or older. 18.2-266.1 - Zero Tolerance for Under 21 If your are under age 21, and you drive with a BAC of at least 0.02% but less than 0.08%, you will receive a fine of up to $500 and a six-month driver's license suspension. 18.2-270.1 - Ignition Interlock System If convicted of a second DUI offense within five years of a first offense, you will lose your license for three years. You must use an ignition interlock for six months for more on every motor vehicle you own or co-own whether you apply for a restricted license (after one year) or a full license (after three years, applies to both adult and under 21) 4.1-304 - Persons to Whom Alcoholic Beverage May Not Be Sold If you sell alcoholic beverages to a person under age 21, you are subject to a fine up to $2,500 and 12 months in jail. 4.1-305 - Underage Possession of Alcohol If you are under age 21 and you are in possession of an alcoholic beverage, you face a fine of up to $2,500 and 12 months in jail. 4.1-306 - Purchase Alcohol for Underage Persons If you purchase alcoholic beverages for a person you know to be under age 21, you face a fine of up to $2,500 and 12 months in jail. 4.1-309 - Drinking/Possessing Alcohol on School Grounds Drinking or possessing alcoholic beverages on public school grounds can result in a fine of up to $1000 and six months in jail. 4.1-305B - Misrepresentation of Age If you are unde age 21 and you use or attempt to use an altered, fictitious or simulated document or student ID to establish a false age in an attempt to purchase alcoholic beverages you will:
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This guide is an informational tool. It does not supersede the Code of Virginia, Virginia Administrative Code or any other statute. Source: Alcohol Safety Action Program & Code of Virginia (9/02)
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