VA Laws tighten on teen drunk driving

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RICHMOND - One teenager is sitting on the front porch about to drink a can of beer. Another is driving down I-95 with a blood alcohol content above the legal limit.If caught, which teenager would receive a harsher punishment. The one on the porch, according to current state law.

Members of the General Assembly recently voted to correct that disparity and increase the penalties for underage drinking and driving.

In Virginia, possession of alcohol by someone under 21 is a Class 1 misdemeanor - a crime punishable by up to 12 months in jail and a $2,500 fine.

The section of the Virginia Code dealing with underage drinking and driving makes no mention of a misdemeanor. It simply states:

"It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol ... 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."

During the General Assembly's recently concluded session, lawmakers passed legislation that will make underage drinking and driving a Class 1 misdemeanor.

The assembly passed two identical bills on the subject: Senate Bill 770, proposed by Sen. David Marsden (D-Burke) and House Bill 1407, sponsored by Delegate Bill Janis (R-Glen Allen).

Both bills won unanimous approval in the House and Senate and have been sent to Gov. Bob McDonnell to be signed into law.

The measures offer "zero tolerance" for underage drinking and driving: They would punish any driver under 21 who has a blood alcohol content of 0.02 or higher. (A BAC of 0.08 is considered legally intoxicated.)

Under the legislation, young people convicted of underage drinking and driving must forfeit their license to operate a motor vehicle for one year and either pay a mandatory minimum fine of $500 or perform 50 hours of community service.

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