Transporting A Minor While Driving Under the Influence in Virginia
January 22, 2017 by Jean Humbrecht
Driving Under the Influence (DUI) charges in Virginia are punished with mandatory minimum penalties. These mandatory minimum penalties will be increased if certain aggravating factors are present, such as if the driver has a high Blood Alcohol Content (BAC), the driver is charged with a second or subsequent offense, or there was a minor under 17 present in the vehicle. This post focuses on the penalties for transporting a minor while driving under the influence in Virginia.
For more information on DUI charges and their penalties in Virginia, click here. For more information on increased penalties due to high Blood Alcohol Content in Virginia, click here.
Penalty for Transporting a Minor While Driving Under the Influence in Virginia
If a driver is convicted of driving under the influence of alcohol (or drugs) in Virginia and there was a minor under the age of 17 present in the vehicle at the time of the offense, the driver will be punished with an additional mandatory minimum of 5 days in jail. This is active jail time and cannot be suspended. He will also be fined an additional mandatory minimum of $500 and the fine could be as high as $1000 for transporting a minor while driving under the influence in Virginia.
The driver can also be charged with child abuse and neglect under Va. Code §18.2-371.1(B) for transporting a minor while driving under the influence in Virginia. Child abuse and neglect under Va. Code §18.2-371.1(B) occurs when a parent or guardian’s willful act or failure to act in the care of a child is so gross, wanton, and culpable as to show a reckless disregard for human life. Child abuse and neglect under Va. Code §18.2-371.1(B) is a Class 6 felony, punished with up to 5 years in prison.
The driver can be convicted of, and punished for, both child abuse under Va. Code §18.2-371.1(B) and a DUI with the enhanced penalties (Va. Code §18.2-270(D)) for the same conduct.
Transporting a Minor While Driving Under the Influence in Virginia: Statute (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.
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