State Pushes Zero Tolerance for Underage Drinking and Driving Offenses

August 27, 2011

State Pushes Zero Tolerance for Underage Drinking and Driving Offenses

July 14th, 2011, marked the 17th anniversary of the National Minimum Drinking Age Act of 1984, which required all states to pass legislation setting 21 years old as the minimum age to drink or purchase alcohol. States that did not comply faced a 10 percent penalty in their federal highway funding.

The law was enacted as a measure to combat the problem of underage drinking and associated traffic fatalities. In 2007, nearly 31 percent of teen drivers killed in highway crashes had been drinking, and over a quarter of those killed had blood alcohol concentrations (BAC) of .08 or higher. In response to this public health issue, Virginia's legislature proposed and passed a new "zero tolerance" measure in hopes of tackling the underage drinking problem in the state.

In December, Bill Janus, a member of the Virginia House of Delegates, offered House Bill 1407. The bill provides that underage drinking is punishable as a Class 1 misdemeanor. As part of a "zero tolerance" statute, the law applies to those teen drivers found to have a BAC of .02 or higher. While the current law exacts penalties of six-month revocation and fines, the new law extends the license revocation period to one year and includes the option of a mandatory minimum fine ($500) or community service (50 hours). The Virginia State Senate offered an identical bill, Senate Bill 770. Both House and Senate incarnations passed without opposition. In March, Governor McDonnell signed the bill into law, which became effective July 1, 2011.

While the statute's .02 BAC limit may seem nebulous, the National Highway Traffic Safety Administration (NHTSA) reports that someone weighing 120 pounds could attain this alcohol concentration with one drink per hour. Lawmakers hope the low BAC limit and stricter punishments prove to be a strong deterrent for underage drinking.

The Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services completed a youth survey regarding substance use. The agency found that alcohol was the most commonly-used substance by teens. Over three-quarters of the Commonwealth's high school seniors and another two-thirds of the state's 10th graders reported alcohol use. Not surprisingly, more than 540 teens were injured in alcohol-related highway crashes in 2010.

As lawmakers continue their focus on enhancing DWI penalties, police and prosecutors will aggressively pursue these cases. For those facing drunk driving charges, it is important to discuss the case with an experienced attorney.

Article provided by A. Mark Nicewicz, Esq
Visit us at http://www.nicewicz.com