This is a very difficult problem to go through. We, American Lawyers Group, are here to help you understand this problem for you or a loved one who is going through this problem. Our experienced Virginia DUI and Criminal Defense Lawyers are ready to fight for your rights and help minimize your penalties.
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Keep reading to understand what penalties and charges that could come from driving under the influence (DUI) with a minor/child in the car in Virginia.
What is Driving Under The Influence (DUI)?
In Virginia, if this is your first offense, a DUI is anyone who unlawfully drives with a blood alcohol concentration (BAC) of 0.08% or more which is determined by a breathalyzer or a chemical test.
A Table of DUI Penalties
:
| Code Section | Description | Class | BAC Level | Penalties |
| 18.2-270(A) | Driving Under The Influence (DUI) | Class 1 Misdemeanor | BAC ≥ 0.08% | Fines: $250 – $2,500 License suspension up to 1 Year |
| 18.2-270(A) | Driving Under The Influence (DUI) | Class 1 Misdemeanor | BAC = 0.15% – 0.20% | Fines: $250 – $2,500 Mandatory 5 Days Jail |
| 18.2-270(A) | Driving Under The Influence (DUI) | Class 1 Misdemeanor | BAC ≥ 0.20% | Fines: $250 – $2,500 Mandatory 5 Days Jail + 10 Days Jail |
It is important to know that additional fines and jail time may be imposed when you had a minor in your car during the offense.
DUI with a Minor in the Vehicle
In Virginia, according to Virginia State Law, pursuant to VA Code. § 18.2-270 (D), “In addition to the penalty otherwise authorized by this section or § 16.1-278.9, any person convicted of a violation of § 18.2-266 committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days.”
A Table of DUI with a Minor in the Car Penalties:
| Code Section | Description | Class | BAC Level | Penalties |
| 18.2-270 (D) | Driving with a Minor Passenger (under 17) | Class 1 Misdemeanor OR Class 4 Felony (If Child is Injured) | BAC ≥ 0.08% | Fines: $250 – $2,500 Up to $1,000 for Child Endangerment MANDATORY 5 days Jail Time (in addition to any other DUI charges) |
These cases are often considered child endangerment, and the implications go beyond the courtroom. A DUI with a minor can result in involvement from Child Protective Services, impact custody agreements, and even jeopardize your parental rights.
It’s also important to understand the LONG-TERM impact:
- Increased insurance rates
- The potential loss of your driver’s license
- A permanent criminal record
- Challenges with employment and professional licensing.
Legal Action
If you’ve been charged, it’s crucial to act quickly. There may be legal defenses available to you, such as challenging the legality of the traffic stop, disputing the accuracy of the BAC test, or arguing that the child was never placed at actual risk.
Every case is different, and our team works diligently to investigate every detail and build the strongest defense possible.
Contact the American Lawyers Group
If you or someone you love is facing DUI charges involving a minor in Virginia, don’t wait. Contact our experienced Criminal Defense attorneys at American Lawyers Group that are ready to help you understand your options and build the best possible defense strategy! Call us today at (703) 786-8340 to schedule a consultation.