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Virginia statute

Va. Code Ann. § 18.2-266.1 — Persons younger than 21 years of age driving after illegally consuming alcohol; penalty

Current through 2026 Regular Session

Part of Article 2: Driving Motor Vehicle, Etc., While Intoxicated, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-266.1

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-266.1Primary source, current through the 2026 Regular Session
A. It is unlawful for any person younger than 21 years of age 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 is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $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 be issued a restricted license during the term of license suspension, provided, however, that such person is required to install an ignition interlock system pursuant to § 18.2-270.1 for a period not to exceed one year. 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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Legal terms used in this section

Questions this section answers

Is persons younger than 21 years of age driving after illegally consuming alcohol a felony or a misdemeanor in Virginia?

Persons younger than 21 years of age driving after illegally consuming alcohol is a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-266.1.

Which Virginia statute covers persons younger than 21 years of age driving after illegally consuming alcohol?

Persons younger than 21 years of age driving after illegally consuming alcohol is governed by Va. Code Ann. § 18.2-266.1 (Persons younger than 21 years of age driving after illegally consuming alcohol; penalty).

This reference is informational and is not legal advice.