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- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD4198424Be it enacted by the General Assembly of Virginia:
1. That § 18.2-266.1 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-266.1. Persons under age twenty-one driving after illegally consuming alcohol; penalty.
A. It shall be unlawful for any person under the age of twenty-one to operate any motor vehicle 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 shall be punishable by forfeiture of such
person's license to operate a motor vehicle for a period of six months from
the date of conviction and by a fine of not more than $500. 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
, except that 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 shall be eligible for a restricted license
may be referred to appropriate rehabilitative or educational
services upon such terms and conditions as the court may set forth. The
court, in its discretion and upon a demonstration of hardship, may authorize
the use of a restricted permit to operate a motor vehicle by any child who
has a driver’s license at the time of the offense for any of the purposes
set forth in subsection E of § 18.2-271.1 or for travel to and from school
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.