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Can I Get A Virginia DUI If I Am Under 21? (Part B)

What do Virginia statutes actually say?

There are several Virginia statues which punish the underage possession of alcohol, as well as a Virginia DUI for underage drivers. These statutes include:

Zero Tolerance for Under 21

If you are under the age of 21 in Virginia, and you drive with a BAC of at least 0.02% but less than 0.08%, then you may receive a fine of up to $500 and a 6-month driver's license suspension.

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 in Virginia are subject to the same penalties as persons aged 21 years or older.

Underage Possession of Alcohol

No person to whom an alcoholic beverage may not lawfully be sold shall consume, purchase or possess, or attempt to consume, purchase or possess, any alcoholic beverage.

If you are under the age of 21, and you are in possession of an alcoholic beverage in Virginia, you may face a fine of up to $2,500 and 12 months in jail.

Misrepresentation of Age

No person under the age of 21 years shall use or attempt to use any motor vehicle operator's license, birth certificate or student identification card of another person in order to establish a false identification or false age for himself to consume, purchase or attempt to consume or purchase an alcoholic beverage. Penalties for this include:

  • A fine of $500 but not more than $2500;
  • At least 50 hours of community service;
  • Up to 12 months in jail; and/or
  • Suspension of your driver's license for up to 12 months. 


Hiring a Virginia DUI defense attorney

If you have been charged with any of these violations, you should get the professional help of a Virginia DUI defense attorney. A Virginia DUI defense attorney can investigate your case, and may do what it takes to beat your underage DUI charge.

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