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I Have Been Arrested For a Virginia DUI, But I Am Under 21. Will I Go To Jail?

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If you have been arrested for a Virginia DUI, and you are under the age of 21, there is a chance that you will serve time in jail as a result of your DUI conviction. This is because in Virginia, DUI laws state that a minor will face the same penalties as an adult for a DUI conviction.

The law is called the equal penalties law, and despite being under the legal drinking age, you may face penalties that include: 

  • A 6-month suspension of your driver's license;
  • A fine of no more than $500;
  • An alcohol safety program;
  • 5 days in jail, if your Blood Alcohol Content (BAC) is at least .15% at the time of driving; and/or
  • 10 days in jail, if your BAC is at least .20% at the time of driving. 


That being said, you will generally not have to serve time in jail when convicted of a first Virginia DUI. You will, however, need to meet the terms that a court sets forth as your punishment. If you don't meet the terms of your sentence, you may face stiffer fines, longer license suspensions, and subsequent arrests.

If you have recently been charged with a Virginia DUI, and you are under 21, you may want to know what penalties you face. To learn more, visit our article Can I Get A Virginia DUI If I Am Under 21? 

Virginia DUI defense attorney Bob Battle has the experience and ability to help his clients use the prosecution's errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts
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