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2018 SESSION
18102908DBe it enacted by the General Assembly of Virginia:
1. That §§ 18.2-266 and 18.2-266.1 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.
It shall be is unlawful for any person to
drive or operate any motor vehicle on any highway,
as defined in § 46.2-100,
engine, or train (i) while such
person has a blood alcohol concentration of 0.08 percent or more by weight by
volume or 0.08 grams or more per 210 liters of breath as indicated by a
chemical test administered as provided in this article, (ii) while such person
is under the influence of alcohol, (iii) while such person is under the
influence of any narcotic drug or any other self-administered intoxicant or
drug of whatsoever nature, or any combination of such drugs, to a degree which
impairs his ability to drive or operate any motor vehicle, engine or train
safely, (iv) while such person is under the combined influence of alcohol and
any drug or drugs to a degree which impairs his ability to drive or operate any
motor vehicle, engine or train safely, or (v) while such person has a blood
concentration of any of the following substances at a level that is equal to or
greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1
milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of
phencyclidine per liter of blood, or (d) 0.1 milligrams of
3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a
violation of this section shall support a conviction under clauses (i), (ii),
(iii), (iv), or (v).
For the purposes of this article, the term "motor
vehicle" includes mopeds, while operated
on the public highways of this Commonwealth.
§ 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol; penalty.
A. It shall be is unlawful for any person
under the age of 21 to operate any motor vehicle on
any highway, as defined in § 46.2-100, after illegally
consuming alcohol. Any such person with a blood alcohol concentration of 0.02
percent or more by weight by volume or 0.02 grams or more per 210 liters of
breath but less than 0.08 by weight by volume or less than 0.08 grams per 210
liters of breath as indicated by a chemical test administered as provided in
this article shall be in violation of this section.
B. A violation of this section is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service. This suspension period 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 this section. Any person convicted of a violation of this section shall be eligible 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 restricted license during the term of license suspension.
C. Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.