Fairfax Underage DUI Defense Attorney
Quick answer: Virginia has a separate zero-tolerance offense for drivers under 21: driving after illegally consuming alcohol, with a blood alcohol concentration of 0.02 or more but less than 0.08, under § 18.2-266.1. It’s a Class 1 misdemeanor that includes a one-year loss of the license and either a $500 fine or 50 hours of community service. Since 2026, a restricted license requires an ignition interlock. Attorney Sheryl Shane has more than 31 years of criminal defense experience. Call (703) 582-8119.
What the Law Says
It is unlawful for anyone under 21 to drive after illegally consuming alcohol. A driver under 21 with a blood alcohol concentration of 0.02 or more, but less than 0.08, is in violation. At 0.08 or above, the charge is ordinary DUI under § 18.2-266, regardless of age.
To put 0.02 in perspective, it can be reached with very little alcohol. This is a zero-tolerance law in practice.
What a Conviction Costs
A violation is a Class 1 misdemeanor, and the punishment must include:
- Forfeiture of the license for one year from the date of conviction
- Either a mandatory minimum $500 fine or 50 hours of community service
That license forfeiture is in addition to the administrative suspension that begins at arrest — two separate suspension periods. The adult DUI penalty structure, including its jail minimums, does not apply.
A person convicted can attend an alcohol safety action program and may be issued a restricted license during the suspension.
What Changed in 2026
A restricted license used to be up to the court’s discretion. Since 2026, it’s available — but only on the condition of installing an ignition interlock for up to a year. The device prevents the car from starting if it detects alcohol above a very low level, and it requires random retests while driving.
For a young driver, an interlock is a serious daily burden, and it’s new enough that most published guidance doesn’t mention it.
What the Offense Actually Is
This is a subtle point that makes a real difference. The offense is driving after illegally consuming alcohol — in any amount. The 0.02 reading doesn’t define the crime; it establishes a prima facie case. Once the Commonwealth shows a reading at that level, the burden shifts to the accused to raise a reasonable doubt about whether the consumption was illegal.
And the test result is treated as reflecting the blood alcohol level at the time of driving, unless evidence shows otherwise. A young driver can present evidence that their level at the time of driving was actually below the threshold.
Why Passing the Field Tests Doesn’t Help
Parents and teenagers often assume that doing well on field sobriety tests will help. It won’t. Because impairment isn’t an element of this offense, evidence that the driver was not impaired — including good performance on field sobriety tests — is irrelevant and inadmissible. The case turns on the alcohol reading and whether the drinking was illegal, not on how the driver performed.
Which Court Hears the Case
For drivers under 18, the case goes to the Juvenile and Domestic Relations District Court, which must order the same disposition the statute requires for adults. For drivers 18 to 20, it’s an adult case. So a 17-year-old and a 19-year-old charged with the same thing on the same night end up in different courthouses.
The Driving Record
An underage conviction is a six-point violation that stays on the Virginia driving record for three years — shorter than the eleven years for an adult DUI, but a serious mark for a new driver, and one that insurance companies notice.
A refusal to take the breath test is a separate case with its own consequences; see my Fairfax breath test refusal page.
Frequently Asked Questions
My child blew under 0.08. Can they still be charged?
Yes. For drivers under 21, a blood alcohol concentration of 0.02 or more after illegally consuming alcohol is a violation, even well below the adult limit of 0.08.
Can my teenager get a restricted license?
Possibly. Since 2026, a restricted license during the one-year suspension is available, but only if an ignition interlock is installed, for up to a year.
Will passing the field sobriety tests help my child’s case?
No. Impairment isn’t an element of underage DUI, so evidence that the driver wasn’t impaired, including good field sobriety performance, isn’t admissible. The case turns on the alcohol reading and whether the drinking was illegal.
Which court will my child’s case be in?
Drivers under 18 go to the Juvenile and Domestic Relations District Court. Drivers 18 to 20 are handled as adult cases.
How long does an underage DUI stay on the driving record?
Three years, compared with eleven for an adult DUI. It also comes with six demerit points.
This page is part of a broader cluster: for the full picture, see my DUI and driving offenses overview.
About the Attorney: Sheryl Shane
Sheryl Shane is a Virginia criminal defense attorney with more than 31 years of criminal defense experience, defending clients throughout Northern Virginia since 2000 in Fairfax, Arlington, Prince William, Loudoun, and Alexandria. A former arbitration judge and Guardian ad Litem, she maintains a deliberately small practice and personally handles every case she takes — from the first consultation through final resolution. Her office is located just minutes from the Fairfax County Courthouse.
This page was written and reviewed by Attorney Sheryl Shane and reflects Virginia law current through the 2026 Special Session I. This is attorney advertising; past results do not guarantee a similar outcome in any future case.
Contact Sheryl Shane
Sheryl Shane
Virginia Criminal Attorney
Office Address
4015 Chain Bridge Road
Fairfax, VA 22030
Phone
(703) 582-8119
Serving clients throughout Fairfax County, Arlington County, Loudoun County, Prince William County, Alexandria, and Northern Virginia.
This page provides general information about Virginia law and is not legal advice for any specific situation. Reading it, or contacting Virginia Criminal Attorney through this website, does not create an attorney-client relationship, and information sent before a formal engagement is established may not be treated as privileged or confidential.