Underage DUI Defense Lawyer in Norfolk, VA

Are you under 21 and facing a driving under the influence (DUI) charge in Norfolk, Virginia Beach, or another part of Hampton Roads, Virginia? It is important to act quickly to protect your rights. Without prompt action, you could lose your driver’s license, face fines, or even risk jail time. A criminal conviction can have long-term consequences.

Take your underage DUI charge in Virginia seriously from the beginning. If you or a loved one is facing this situation, consult with a Norfolk, Virginia, DUI defense attorney at Welch & Wright, PLLC. Our legal team can begin investigating your charge right away and developing a strong defense strategy. Contact our law firm today to schedule a free initial consultation and discuss your legal options with a Virginia underage DUI attorney.

What Is Underage DUI?

In Virginia, underage DUI refers to driving under the influence of alcohol for drivers who are under 21 years old. If the driver is under 18, the case is typically heard in juvenile court, which focuses on rehabilitation and may impose different procedures and penalties. The state enforces a strict “zero tolerance” policy, setting the legal blood alcohol concentration (BAC) limit at 0.02% for these drivers. This means that even a small amount of alcohol can lead to criminal charges. In contrast, the legal limit for adult drivers is 0.08%. Virginia’s approach aims to deter underage drinking and driving by imposing immediate and significant consequences, helping to reduce accidents and protect young drivers and others on the road.

Why Should I Hire a DUI Attorney for My Case?

The benefits of having legal representation are significant. An underage DUI attorney can:

• Protect your rights
• Help you understand the law and court procedures
• Negotiate a plea deal when appropriate
• Work to reduce penalties where possible
• Build a strong defense strategy
• Review whether law enforcement had reasonable suspicion to stop you
• Evaluate the administration of field sobriety tests
• Assess the officer’s experience with preliminary breath tests.
• Obtain and review the video of the traffic stop for your defense
• Offer alternative explanations for signs of impairment
• Explain the possible outcomes of a conviction
• Help protect your driving privileges

Why Choose Welch & Wright, PLLC

An underage DUI is a serious charge with consequences that can last a lifetime. It is important to work with an attorney who understands these cases and knows how to reduce the impact of an underage drinking conviction or, in some situations, pursue a dismissal.

In many cases, the Virginia underage DUI lawyers at Welch & Wright, PLLC, have been able to have DUI charges dismissed for a variety of reasons, including violation of a driver’s rights and mistakes made while conducting a DUI breath test or blood test.

If needed, our trial attorneys are prepared to take every underage DUI case to court. We know the courts in the Hampton Roads area and throughout Virginia, and our law office has a strong record of achieving favorable results for our clients.

Testimonials

“Nick has handled the case carefully & kept me well informed. He walked me through the process & prepared me for the court. I would definitely recommend him. Thank you!” — Fizan

“Nick Wright is an exceptional attorney who demonstrated a proactive and assertive approach throughout my case. He developed a clear strategy from the outset and remained diligent in its execution, ultimately securing a favorable outcome. I highly recommend his services.” — Srinivas

“Mr Wright was awesome from day one. He responded very quickly. Was very honest and helpful keeping me informed. He came out of court with a very favorable outcome, i would recommend Mr Wright to anyone and im happy i choose him to represent me. Thanks again!” — Mark

What is the New 2024 DUI Law in Virginia?

In 2024, Virginia reported 6,979 DUI-related crashes that caused 293 deaths and injured 4,400 people. Fatalities increased by 6.9% since 2022, according to Governor Glenn Youngkin’s office.

Recent changes to the law updated the penalties and procedures for underage drinking and driving. The new law took effect on July 1, 2024.

Key changes include:

• Courts continue to have discretion to grant a restricted driver’s license during the 12-month suspension period. Many judges allow the request after approximately 30 days if the driver completes VASAP and installs an ignition interlock device.
• For a first offense with a BAC of 0.15% or less, a properly issued restricted license may be used for work, school, medical appointments, religious services, and other court-approved purposes.
• Tampering with an ignition interlock device is a Class 1 misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $2,500.
• Driving with a BAC of 0.02% or higher while your license is revoked or restricted for DUI remains a Class 1 misdemeanor.

What Is Virginia’s Implied Consent Breath Test Law?

Virginia’s implied consent law applies to anyone licensed to drive, no matter which state issued their license. By driving on Virginia’s roads, you consent to taking a blood test, a breath test, or both if law enforcement stops you for suspected DUI.

Virginia DUI Laws for Underage Drivers

Virginia enforces a “zero tolerance” law for underage drinking and driving. The legal blood alcohol concentration (BAC) limit is 0.02% for drivers under 21 years old.

The underage drinking laws in Virginia include:

• A mandatory minimum fine of $500 or 50 hours of community service.
• A 12-month driver’s license suspension.
• Possible requirements for alcohol education, counseling, or treatment.
• Eligibility for a restricted license at the court’s discretion after 30 days if you meet the state’s requirements.

Key differences between underage and adult drinking laws include:

• A BAC limit of 0.02% for underage drivers compared to 0.08% or higher for adults.
• The mandatory minimum fine for underage drivers is twice that of the adult minimum of $250.
• Both adults and drivers under 21 can face up to 12 months in jail for a first-offense DUI, although judges sometimes impose suspended sentences for youthful offenders with low BACs.
• A first-offense DUI carries a mandatory 12-month license suspension for both adult and under-21 drivers. Underage drivers may request a restricted license as early as 30 days after conviction if they meet court-ordered conditions; adults must petition the court under § 18.2-271 for restricted privileges.
• Adults do not have the option of completing community service instead of paying the fine.

Legal Limit for Under-21 DUIs

The legal limit for drivers under 21 is 0.02% as part of Virginia’s zero-tolerance policy. Virginia enforces this strict limit for several reasons, including:

• The legal drinking age is 21, so drivers younger than that cannot legally purchase alcohol.
• Young drivers typically have less experience and face a higher risk of crashing. Any amount of alcohol can significantly increase the risk of an accident.
• Zero-tolerance laws aim to deter underage drinking and driving by making the consequences immediate and reducing alcohol-related crashes.

Steps to Take Immediately After an Underage DUI Arrest

If law enforcement arrests you for underage DUI, there are important steps you can take to protect your rights. Follow these guidelines if you are arrested:

• Remain calm and comply with law enforcement requests. Being respectful can help avoid escalating the situation.
• Obtain a copy of the police report.
• Document everything you remember about the incident, including the location, time, and circumstances of the arrest.
• Notify your parents if you are under 18. They can help you find an attorney and guide you through the process.
• Contact an underage DUI defense lawyer who can explain your options and help develop a strong defense strategy.

Penalties for Underage DUI in Virginia

Under Virginia Code § 18.2-266.1, drivers under 21 convicted of DUI face specific penalties, including:

• A 12-month driver’s license suspension
• Up to 12 months in juvenile detention or jail sentence
• A minimum fine of $500 or 50 hours of community service
• Installation of an ignition interlock device for 12 months
• Completion of an Alcohol Safety Action Program course

Higher Insurance Rates After a DUI

A DUI can significantly increase vehicle insurance premiums. Drivers may also be required to file an SR-22, which is a certificate of financial responsibility that proves you maintain the necessary insurance coverage. An SR-22 typically involves higher minimum coverage limits and continuous monitoring by your insurer, leading to increased costs and administrative challenges.

Long-term financial consequences include:

• Insurance premiums that remain higher over time
• Prolonged rate increases after a conviction
• Limited options when shopping for insurance
• Greater difficulty restoring full driving privileges

College Students With Under-21 DUIs

If you are a college student and the court convicts you of underage DUI, you may face additional consequences depending on your school, including:

• Disciplinary actions imposed by the institution
• Loss of academic scholarships or financial aid
• Restrictions or loss of campus housing
• Suspension or removal from athletics programs

Underage Possession or Fake ID Penalties

Possessing or using a fake ID to buy alcohol is a Class 1 misdemeanor under Virginia Code § 4.1-305. Possessing certain fictitious or altered identity documents under § 18.2-204.2 is a Class 2 misdemeanor. A conviction can result in a driver’s license suspension of 30 days to one year, but it does not trigger the mandatory ignition interlock and Alcohol Safety Action Program requirements that follow a DUI conviction.

The Impact of an Underage DUI on Your Future

A conviction for underage DUI can have long-term consequences, as a Class 1 misdemeanor remains on your criminal record. These consequences may include:

• Difficulty obtaining employment
• Denial of applications for higher education
• Barriers to receiving professional licenses
• Disclosure on background checks required by employers and landlords

How Likely Is Jail Time for a First DUI in Virginia?

Jail time for a first underage DUI offense is uncommon but still possible. Second and subsequent offenses for underage drivers carry the same penalties as those for adults.

An underage DUI with a BAC of 0.08% or higher is treated the same as an adult offense, which can include up to 12 months in jail and higher fines. If convicted of a DUI with aggravating factors, such as having a minor in the vehicle, causing injury, or damaging property, an underage driver faces the same enhanced penalties under Virginia law.

Can Underage Drivers Face DUI Penalties Without Being Impaired?

In Virginia, underage DUI penalties are based on blood alcohol concentration (BAC), not on signs of impaired driving. Even if a driver under 21 does not appear impaired, having a BAC of 0.02% or higher can lead to charges and penalties.

Can Juvenile Drivers Convicted of DUI in Virginia Obtain a Restricted Driver’s License?

Yes. Drivers under 21 who are convicted of DUI in Virginia may be eligible for a restricted license if their regular license is suspended. This type of license allows limited driving for essential purposes, such as work, school, medical appointments, or court appearances.

A judge decides whether to grant a restricted license and typically requires the driver to complete the Virginia Alcohol Safety Action Program. However, completing the program does not guarantee approval. Because each case is unique, juveniles charged with DUI should consult an attorney as soon as possible after an arrest.

What Are Valid Legal Defenses to an Underage DUI Charge?

Underage DUI charges may be challenged in several ways, depending on the circumstances, including:

• An improper traffic stop that violated your rights
• Faulty or improperly administered breathalyzer tests
• Lack of probable cause for the arrest
• Errors in legal procedures or documentation

It is important to work with an underage DUI attorney who can review the details of your case and develop a defense strategy tailored to your situation.

What Can I Do as a Parent to Prevent Underage DUI?

Parents play an important role in preventing underage DUI by discussing the dangers of alcohol and driving. Staying actively involved in teens’ lives and understanding their social circles can help parents recognize potential risks.

Resources for parents include school programs and community workshops that teach responsible choices.

Explaining laws such as Virginia’s zero-tolerance policy can help reinforce the importance of safe driving.

You can also set up a code word with your teen. If they ever feel unsafe and need a ride home, they can text you the code word. It is important to let them use it without fear of punishment so they feel safe reaching out.

Protect Your Future. Contact Welch & Wright, PLLC, for Underage DUI Defense in Virginia.

Facing an underage DUI charge in Virginia can have lasting consequences for your record, education, and career. The legal process moves quickly, and early legal representation is critical.

At Welch & Wright, PLLC, our experienced Virginia DUI defense team is ready to review your case, explain your options, and build a strong defense strategy tailored to your situation.

Contact our law firm by calling 757-707-8803 or by completing our online contact form to schedule your free consultation with a Norfolk DUI defense attorney today.