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Underage DUI

Fredericksburg Underage DUI Defense Lawyers

Call our Dedicated DUI/DWI Defense Lawyers in Virginia Now

Has your child been arrested for drunk driving? Because those under the age of 21 are already prohibited from consuming alcohol, the legal standard for a DUI-type offense when they are behind the wheel is much lower. If your child has been charged with driving under the influence or driving after illegally consuming alcohol, you should speak to an attorney immediately.

We are Cornick Ndlovu, PLC, and we have counseled numerous families whose children and young adults were facing these charges and have diligently worked to secure reduced penalties and dismissals on their behalf. With one of our attorneys being a former prosecutor, we're well-versed in the considerations a young accused person can receive in Virginia and how to compellingly argue for the most favorable outcome possible.

If your child's been accused of DUI, then time is of the essence. Call our firm at (540) 386-0204 or reach out online today to start exploring your legal options.

What Is the Law on Underage Drinking in Virginia?

One key aspect of the law is the zero-tolerance policy for drivers under the age of 21. For drivers 21 and older, the blood alcohol limit is .08. For younger drivers, however, this BAC limit is much lower. A driver under 21 can be arrested if their BAC level is found to be .02 or higher.  Essentially, if an underage driver tests positive for any amount of alcohol—often resulting from even a single drink—they can face DUI charges.

The penalties for a conviction involving an underage DUI can be severe. These can include fines, mandatory driver’s license suspension, community service, probation, and even jail time in extreme cases. Furthermore, a conviction can result in a permanent criminal record, which can impact your future educational and career opportunities. This is why it is important to have a knowledgeable Fredericksburg underage DUI defense lawyer to help navigate the complexities of the case and potentially reduce or eliminate the consequences.

What Are the Penalties for Underage DUI in Virginia?

Underage DUI/DWI is considered a Class 1 misdemeanor in Virginia. Penalties for underage DUI/DWI in Virginia can include:

  • Maximum fine of $2,500 (minimum: $500)
  • Up to one year in jail
  • Minimum administrative license suspension of seven days
  • Minimum of 50 hours of community service

Additionally, courts often require that individuals convicted of underage DUI offenses attend alcohol education or treatment programs. A conviction may follow a person throughout their life, potentially affecting future opportunities for employment, college admissions, or professional licenses.

Please note that additional (and harsher) penalties are possible with repeat offenses. If your child has been charged, we invite you to contact us today. We know how to evaluate DUI cases and know when a dismissal is called for. No matter what the circumstances of your child's arrest were, we can protect their rights and interests.

What Is the Implied Consent Law in Virginia?

In Virginia, the Implied Consent Law requires all drivers to submit to a chemical test (such as a breath, blood, or urine test) if they are lawfully arrested for driving under the influence of alcohol or drugs. By operating a motor vehicle on Virginia’s roads, drivers are considered to have implicitly consented to such tests when requested by law enforcement.

Here are the key points of the Implied Consent Law in Virginia:

  • Requirement to Submit to Testing. If a law enforcement officer has probable cause to believe that a driver is under the influence of alcohol or drugs, they can request the driver to take a chemical test to measure their blood alcohol content (BAC) or the presence of drugs. Refusal to submit to this test can result in serious consequences, even if the driver is not convicted of DUI.
  • Consequences of Refusal. Refusing to take a chemical test after being arrested for DUI carries automatic administrative penalties. For a first offense, the driver’s license will be automatically suspended for one year. If the driver has prior DUI offenses, the suspension could be longer. This suspension occurs regardless of whether the driver is ultimately convicted of DUI.
  • Alternative Testing. If a driver refuses the initial breath test, law enforcement officers can still obtain other forms of testing, such as a blood or urine test, although this may require a search warrant if the driver does not consent.
  • Penalties for Refusal. In addition to the mandatory license suspension for refusing the chemical test, refusing a test can be used as evidence in a court trial for DUI. A jury or judge may consider the refusal as an indication of the driver’s guilt in the DUI case.

It is important to note that while the Implied Consent Law is mandatory, individuals have the right to challenge the legality of the arrest or the validity of the chemical tests in court, which is why consulting with an experienced DUI attorney can be critical when facing DUI charges in Virginia.

How Do You Get a DUI Dismissed in Virginia?

If you or a loved one is facing an underage DUI charge in Virginia, we can investigate the circumstances surrounding the arrest and develop a strong defense strategy. This may include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer tests, or exploring whether your BAC was actually below the legal limit at the time of driving. By carefully reviewing the evidence, we can identify flaws in the case that could reduce or eliminate the legal consequences.

As your underage DUI attorneys in Fredericksburg, we will also examine other potential defenses, such as issues with field sobriety tests, the possibility of rising BAC, or violations of your rights during the arrest. With thorough investigation and a strategic approach, we can work to protect your rights and pursue the best possible outcome in your case.

Get in Touch with Our Underage DUI Attorneys in Fredericksburg

Facing an underage DUI charge can be overwhelming, especially when the potential consequences include license suspension, fines, probation, and even jail time. We can help you understand your rights, build a strong defense, and potentially reduce or avoid the penalties associated with a conviction.

Having legal representation is critical in ensuring that you have a fair chance at defending yourself in court. We know the local court system, the judges, and the procedures to navigate your case effectively. With our guidance, you can make informed decisions about your defense strategy and avoid costly mistakes that may affect your future.

Take a proactive step in securing a favorable result for your child and use this online form to request a free case evaluation with us today. Or call now at (540) 386-0204 to speak with our office. 

Andrew Cornick

For more than 17 years, Attorney Andy Cornick has devoted his career to the practice of criminal law. He has defended clients accused of DUI/DWI, first-degree murder, and many other crimes. As a former prosecutor with experience on the other side of the courtroom, he pursues each case with an unmatched upper hand.

"MY GOAL IS TO EMPOWER MY CLIENTS. I take great pride working within the system to prevent miscarriages of justice whenever I can." - Andrew J. Cornick

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