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Underage DUI

Virginia Underage DUI Lawyers

Defense for Those Under 21 Years of Age in Hampton Roads & Newport News

In Virginia, it's unlawful for a person under 21 years of age to consume alcohol. Thus, the state has a zero-tolerance law concerning drinking and driving committed by underage drivers. The statute is referred to as "persons under age 21 driving after illegally consuming alcohol." However, it is commonly called an "underage DUI" or "baby DUI." Don't let the name fool you: A conviction for a baby DUI can still lead to some serious consequences, including jail time and/or fines. If you were charged with an underage DUI, you need an attorney on your side from the start of your case until its conclusion.

Backed by nearly 75 years of experience, our Coastal Virginia underage DUI lawyers are ready to provide the compassionate yet aggressive defense you need to fight your charge. We have intimate knowledge of Virginia's DWI laws and wrote the book judges, prosecutors, and other lawyers refer to in these matters. Additionally, our attorneys are Breath Test operators, have an EC/IR machine, and have hosted a seminar on the EC/IR 2. Attorney Martin is designated an ACS-CHAL Forensic Lawyer-Scientist, and we continue our education on DWI law, allowing us to provide solid legal counsel. When you choose Tillotson & Martin, you will have a team on your side that can effectively guide you through your case.

We offer a free initial consultation to discuss your circumstances. Call us at (757) 568-7978 today.

What Is an Underage DUI?

A charge for an underage DUI can be levied when a person under 21 years of age drives a motor vehicle with a blood alcohol content (BAC) at or above .02 and less than .08. This means that consuming any amount of alcohol could potentially lead to criminal accusations.

The law also means that an underage drinker can face harsh penalties even though their driving abilities were not impaired nor were they intoxicated. Technically, a BAC of .02 is not "under the influence."

If the driver had a BAC of .08 or higher, they could be charged with a regular DUI and face the penalties associated with that offense.

What Are the Potential Penalties of an Underage DUI in Virginia?

Although the offense is sometimes referred to as a baby DUI, the punishments an underage drinker could face are not small at all.

The crime is charged as a Class 1 misdemeanor, which is punishable by:

  • Up to 1 year in jail
  • 1-year driver's license forfeiture from the date of the conviction
  • Up to $2,500 in fines, with a mandatory minimum of $500 – or a mandatory minimum of 50 hours of community service
  • Referral to an Alcohol Safety Action Program (ASAP)

Protecting Your Future with Experienced Underage DUI Lawyers

At Tillotson & Martin, LLC, we understand that facing an underage DUI charge can be a frightening and overwhelming experience. Our team of experienced Virginia underage DUI lawyers is dedicated to protecting your rights, minimizing the potential consequences, and safeguarding your future.

Why choose Tillotson & Martin for your defense?

  • Extensive knowledge and experience: Our attorneys have a deep understanding of Virginia's underage DUI laws and have successfully defended numerous clients facing similar charges.
  • Personalized approach: We take the time to listen to your unique situation and tailor a defense strategy that best fits your needs and circumstances.
  • Thorough investigation: Our legal team conducts a comprehensive investigation to gather evidence, challenge the prosecution's case, and identify any potential flaws or inconsistencies.
  • Negotiation skills: We have a proven track record of negotiating with prosecutors to reduce charges, minimize penalties, or even have the case dismissed.
  • Strong courtroom presence: If your case goes to trial, our skilled litigators will aggressively advocate for your rights in the courtroom, presenting a strong defense on your behalf.

Don't face an underage DUI charge alone. Contact Tillotson & Martin, LLC today to schedule a consultation with one of our experienced underage DUI lawyers and get the dedicated legal representation you deserve.

Reach Out to Tillotson & Martin for Your Defense

If you were charged with an underage DUI, schedule a free consultation with our Coastal Virginia lawyers. With an in-depth understanding of the law and training in the science, methods, and technology used in these matters, we can provide effective defense throughout your case. For many, facing a drinking and driving charge can be frightening and frustrating. That's why we make ourselves accessible and available to answer your questions and address your concerns. When we take on a case, we bring in experts, submit the Field Sobriety and Breath Test manuals into evidence, and conduct the necessary legwork to seek a favorable outcome.

For personalized legal representation, contact us at (757) 568-7978 today.


Commonly Asked Questions

Can an underage drinker face penalties even if their driving abilities were not impaired?

Yes, an underage drinker can face penalties even if their driving abilities were not impaired. The law focuses on the blood alcohol content (BAC) level rather than impairment. A BAC of .02 or higher is considered illegal for underage drivers.

Is it possible to defend against an underage DUI charge?

Yes, it is possible to defend against an underage DUI charge. Hiring an experienced attorney who specializes in DUI defense can help build a strong defense strategy and potentially minimize the penalties or get the charges dismissed.

What should I do if I've been charged with an underage DUI?

If you've been charged with an underage DUI, it's important to seek legal representation as soon as possible. Contact a knowledgeable attorney who can guide you through the legal process, protect your rights, and work towards the best possible outcome for your case.

Helpful Resources

Put Tillotson & Martin On Your Side

Why Choose Our Firm?

  • We Wrote the Book.
    We were tasked with writing the book on Virginia DUI Law by Thomson Reuters Westlaw, the leading authority in legal publishing. Prosecutors, defense attorneys, and judges often turn to this resource.
  • We Possess the Knowledge.
    Not only are our attorneys committed to attending continued education courses, they lecture and teach courses themselves. In a field as scientific and technical as DUI Defense, keeping our knowledge up to date is crucial to crafting our clients' defense strategies.
  • We Truly Care.
    Mike Tillotson & Jeff Martin go the extra mile for their clients. Our team realizes that this is your future at stake and we will employ every strategy to ensure that we are providing you with the best representation possible.
  • We Have the Fight to Win.

    With over 75+ years of combined experience, Mike Tillotson and Jeff Martin have successfully handled thousands of DUI cases, and has tried cases across the entire state of Virginia.

Free Consultations Available

Contact Tillotson & Martin Today

Call (757) 568-7978 or Fill Out a Form for a Free Case Evaluation

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