Underage DUI Attorney in Suffolk

Protect Your Child’s Future—Call a Suffolk Juvenile DUI Attorney Today

At Tillotson & Martin, LLC, we understand the overwhelming stress an underage DUI charge can create. Our dedicated team of attorneys is committed to defending the rights of minors in Suffolk, VA. By providing a comprehensive and informed defense, we strive to ensure the best possible outcome for each client. 

Our client-centered approach and contributions to Virginia DUI law make us a trusted resource for many families.

Every case is unique, and we recognize that a DUI arrest can impact various aspects of a young person's future. Our focus is not only on the immediate legal battle but also on long-term effects. We craft defense strategies that aim to mitigate risks while providing much-needed reassurance to families during an emotionally challenging time.

Our experienced underage DUI attorney in Suffolk is ready to defend their rights and protect their future. Call (757) 568-7978 or contact us online now for a free consultation.

Understanding Virginia's Underage DUI Laws

In Virginia, a "minor" refers to any individual under the age of 21. Because minors are not legally permitted to consume alcohol, Virginia has enacted specific laws to address underage drinking and driving, distinct from the adult DUI statute (Virginia Code § 18.2-266).

Underage Drinking and Driving (Virginia Code § 18.2-266.1) - "Zero Tolerance":

This is the primary statute for underage DUI charges when alcohol is involved. It is a "Zero Tolerance" law.

A person under the age of 21 is deemed to have illegally consumed alcohol and is in violation if they operate any motor vehicle after consuming alcohol, and have a Blood Alcohol Concentration (BAC) 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.

Standard DUI (Virginia Code § 18.2-266) for Minors:

Even though the Zero Tolerance law exists, a minor can still be charged with the more serious standard DUI offense (the same charge adults face) if their BAC is 0.08% or higher, or if they are under the influence of alcohol, drugs, or a combination thereof, to a degree that impairs their ability to operate a motor vehicle safely.

Penalties for Underage DUI Convictions in Virginia

The penalties for an underage DUI conviction in Virginia are severe and designed to deter underage drinking and driving. They often involve a combination of court-imposed and Virginia Department of Motor Vehicles (DMV) imposed sanctions. These penalties escalate for repeat offenses, and the impact can be profoundly negative on a young person's future.

Underage Drinking and Driving (Zero Tolerance - BAC 0.02% to less than 0.08%):

• Classification: Class 1 Misdemeanor.
• Penalties (First Offense):
• Mandatory Minimum Fine: $500 OR performance of a mandatory minimum of 50 hours of community service.
• Driver's License Forfeiture: Mandatory forfeiture of the privilege to operate a motor vehicle for a period of one year from the date of conviction. This suspension is in addition to any administrative suspension (see below).
• Alcohol Safety Action Program (ASAP): Mandatory eligibility to attend an ASAP program. Completion of ASAP is usually required to be eligible for a restricted license.

Standard DUI (BAC of 0.08% or higher, or impaired by drugs/alcohol) for Minors:

If a minor's BAC is 0.08% or higher, or they are otherwise proven to be impaired by alcohol or drugs, they face the same penalties as an adult DUI conviction, which are significantly harsher. These are also typically prosecuted as Class 1 Misdemeanors.

First Offense Standard DUI:

• Jail Time: Up to 1 year in jail.
• Fines: Mandatory minimum $250, up to $2,500.
• License Revocation: Mandatory 1-year license revocation.
• ASAP: Mandatory completion of the Virginia Alcohol Safety Action Program (VASAP).
• Ignition Interlock Device (IID): Mandatory installation for at least 6 months if a restricted license is granted.

Mandatory Minimum Jail (for elevated BACs):

• BAC 0.15% to 0.20%: Mandatory minimum of 5 consecutive days in jail.
• BAC 0.20% or higher: Mandatory minimum of 10 consecutive days in jail.

An underage DUI conviction in Virginia can profoundly derail a young person's future, as it results in a permanent criminal record visible to employers, landlords, and educational institutions, severely limiting opportunities. This also impacts college admissions, scholarships, financial aid, and can lead to school disciplinary actions. 

Employment opportunities become difficult to secure, and auto insurance rates skyrocket due to high-risk status. Additionally, there's a significant loss of driving privileges, including mandatory Ignition Interlock Devices (IIDs) and lengthy suspensions, along with lasting social stigma, potential travel restrictions, and future professional license denials or revocations.

What to Expect in Suffolk, VA Courts

In Suffolk, underage DUI cases are typically handled in Juvenile and Domestic Relations District Courts. These courts emphasize rehabilitation over punishment, guiding minors toward better decision-making. Our role is to present a compelling case that highlights our client's commitment to positive change.

The legal process involves several steps, including arraignments, pre-trial motions, and possible court appearances. We are committed to guiding you through each phase, ensuring you and your child understand the proceedings and feel supported. We collaborate with local experts to bolster defense strategies, focusing on both immediate and future interests of your child.

Why Suffolk Families Choose Us

Families in Suffolk choose Tillotson & Martin, LLC for our demonstrated knowledge and dedication. Our attorneys are respected figures in Virginia DUI law, contributing to legal texts and educating peers on critical issues like breath and blood testing. This deep legal insight allows us to deliver personalized and effective defense strategies that distinguish us from other firms.

Our philosophy prioritizes client communication and transparency throughout the legal process. We understand the importance of keeping families informed and involved, taking steps to ensure their child's well-being and future are our primary concerns.

Secure Your Child’s Future with Experienced Legal Help

Facing a juvenile DUI charge can be daunting, but you don't have to face it alone. Let us help navigate these complexities with our dedicated team ready to bring clarity and relief to your family's challenging time.

Contact Tillotson & Martin, LLC at (757) 568-7978 to discuss your child's situation. We offer compassionate guidance and a committed defense strategy to protect their future.