Legal Question in DUI Law in Virginia

Re: DUI Classification

Section 18.2-266 of the Virginia Criminal Code defines what constitutes a DUI in the Commonwealth (operating a motor vehicle with a BAC of .08 or higher or under the influence of drugs---or any combination thereof) and classifies the offense as a Class 1 misdemeanor. A Class 1 misdemeanor is a jailable offense(up to one year) with a fine not to exceed $2500.

Section 18.2-266.1 of the same Title defines the offense of DUI for persons under the age of 21 who have been found to have operated such vehicle with a BAC of .02 or higher but less than .08 and prescribes a penalty of six months license suspension and a fine of not more than $500 for a person convicted of this offense.

However, this particular offense carries no jail time and is not classified as a Class 1 misdemeanor. Note, however, that if the underage person tests .08 or higher, he or she is prosecutable like any other person under the Class 1 misdemeanor statute: Sec.18.2-266 described above.