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1997 SESSION

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974208198
HOUSE BILL NO. 2395 Offered January 20, 1997 A BILL to amend and reenact § 18.2-266.1 of the Code of Virginia, relating to under-age drinking and driving (zero tolerance). ---------- Patron-- Davies ---------- Referred to Committee for Courts of Justice ----------

Be 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 as a Class 1 misdemeanor and by forfeiture of such person's license to operate a motor vehicle for a period of six months one year 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 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 (i) order disposition as provided in subsection B such person to pay a fine of at least $500 or perform a minimum of fifty hours of community service and (ii) suspend such person's license to operate a motor vehicle for a period of not more than one year. The court, in its discretion and upon a demonstration of hardship, may authorize any person convicted of a violation of this section the use of a restricted permit to operate a motor vehicle in accordance with the provisions of subsection D of § 16.1-278.9 or subsection E of § 18.2-271.1. However, the sentence imposed pursuant to clause (i) of this subsection shall not be suspended.