Legal Question in Criminal Law in Virginia

Me and my friend were driving from a club when we got pulled over. My friend was driving my car because I was too drunk to drive, I am 21 and she is 20. We were pulled over because the cops said that we had no headlights on even though all the other lights on the front of my jeep were on. He decided to pull my friend out and ask her about drinking. He made her do a field sobriety test and take a breathlyzer test. She registered .05 and he charged her with underage possession of alcohol and I got with nothing even though he had me take a breathlyzer test as well, I registered a .12. She is a first time offender other than a speeding ticket. Is it possible to have the charge taken off her record? What is the most realistic outcome considering her BAC level, her age, and the fact that it is her first criminal offense? Also does the criminal charge have anything to do with driving or DUI? Will it even be reported to the car insurance company? Her mother seems to think that the charge will affect her car and car insurance.

Asked on 3/28/11, 2:50 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Your friend's mother is correct. Under Va. Code Sec.4.1-305, her license could be suspended up to six months and a fine assessed of up to $500.00, if

she's convicted of the minor in possession (by consumption) charge.

Your friend would be well advised to engage the services of an attorney

who should be able to minimize at least some of the adverse consequences

that could result from her being convicted of this criminal offense.

Answered on 3/28/11, 3:24 pm

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