CHAPTER 683
An Act to amend and reenact § 18.2-266.1 of the Code of
Virginia, relating to penalties for underage drinking and driving.
[H 1407]
Approved March 26, 2011
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-266.1 of the Code of Virginia is amended
and reenacted as follows:
§ 18.2-266.1. Persons under age 21 driving after illegally
consuming alcohol; penalty.
A. It shall be unlawful for any person under the age of 21 to
operate any motor vehicle after illegally consuming alcohol. Any such person
with a blood alcohol concentration of 0.02 percent or more by weight by volume
or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by
volume or less than 0.08 grams per 210 liters of breath as indicated by a
chemical test administered as provided in this article shall be in violation of
this section.
B. A violation of this section shall be punishable by
is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person's
license to operate a motor vehicle for a period of six months one
year from the date of conviction and by (ii) a mandatory
minimum fine of not more than $500 or performance of a mandatory
minimum of 50 hours of community service. This suspension period shall be
in addition to the suspension period provided under § 46.2-391.2. The penalties
and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and
18.2-271 shall not apply to a violation of this section. Any person convicted
of a violation of this section shall be eligible to attend an Alcohol Safety
Action Program under the provisions of § 18.2-271.1 and may, in the discretion
of the court, be issued a restricted license during the term of license
suspension.
C. Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon
adjudicating a juvenile delinquent based upon a violation of this section, the
juvenile and domestic relations district court shall order disposition as
provided in subsection B.
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