2006 Code of Virginia § 18.2-266.1 - Persons under age 21 driving after illegally consuming alcohol; penalty

18.2-266.1. Persons under age 21 driving after illegally consuming alcohol;penalty.

A. It shall be unlawful for any person under the age of 21 to operate anymotor vehicle after illegally consuming alcohol. Any such person with a bloodalcohol concentration of 0.02 percent or more by weight by volume or 0.02grams or more per 210 liters of breath but less than 0.08 by weight by volumeor less than 0.08 grams per 210 liters of breath as indicated by a chemicaltest administered as provided in this article shall be in violation of thissection.

B. A violation of this section shall be punishable by forfeiture of suchperson's license to operate a motor vehicle for a period of six months fromthe date of conviction and by a fine of not more than $500. This suspensionperiod 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 thissection. Any person convicted of a violation of this section shall beeligible to attend an Alcohol Safety Action Program under the provisions of 18.2-271.1 and may, in the discretion of the court, be issued a restrictedlicense during the term of license suspension.

C. Notwithstanding 16.1-278.8 and 16.1-278.9, upon adjudicating a juveniledelinquent based upon a violation of this section, the juvenile and domesticrelations district court shall order disposition as provided in subsection B.

(1994, cc. 359, 363; 1995, c. 31; 2003, c. 605.)

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