'Baby DUIs' to get grown-up penalties

By Amanda McClure | Sunday, June 22, 2008

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A new Virginia law will be one of the harshest in the United States on minors caught driving under the influence of alcohol.

Motorists under the legal drinking age with a blood-alcohol count of just 0.02 - a quarter of the limit for adults, which has prompted defense lawyers to dub the offense "baby DUI" - will face a mandatory 12-month license suspension, up to 12 months in jail and a maximum $2,500 fine. The minimum fine is $500 or 50 hours of community service. The law goes into effect July 1.

"Harsher penalties should go to those who choose to act recklessly," said Delegate William R. Janis, Glen Allen Republican, who introduced the bill. He represents Goochland and Louisa counties, and part of Henrico County.

Supporters of the zero-tolerance initiative pointed out that, under current law, the penalty for underage driving under the influence is lighter than that for mere possession of alcoholic drinks. The maximum penalty for someone under 21 found guilty of drinking and driving is now a six-month license suspension and a $500 fine. The penalties for both will become the same when the new law elevates underage drunken driving to a Class 1 misdemeanor, as is underage possession.

"It doesn't seem fair to me that kids who choose to drive while under the influence are held to a lesser degree than those who were in mere possession," Mr. Janis said. "It didn't seem fair to the kids."

Henrico County judges alerted Mr. Janis to the problem after police arrests at underage parties.

"The kid arrested holding a beer could lose his license for a year," Mr. Janis said. "The kid who drove away [under the influence] only loses his license for six months."

Virginia joins Maryland and a dozen other states that have adopted zero-tolerance policies, including 12-month license suspensions.

A 150-pound male who has one beer would likely have a blood alcohol content above 0.02 and, therefore, be legally drunk behind the wheel. The state's blood alcohol limit for adults is 0.08.

"The vast majority of accidents that result in deaths involve drivers who are under 21," Mr. Janis said. "The theory is that it's dangerous enough when you're young and inexperienced, but when you add alcohol to the mix, it's just reckless and dangerous."

Virginia has seen an overall increase in alcohol-related driving accidents in the past five years. There were 358 alcohol-related driving fatalities in 2001, including 54 involving victims under the legal drinking age, compared with 378 last year, including 49 involving minors, according to the Virginia Department of Motor Vehicles.

Jeff Levy, a member of the Mothers Against Drunk Drivers national board of directors, said he hopes the stiffer punishments will shock young people away from such risky behavior.

"They're not going to take kids and put them in jail on their first offense, but something needs to be done to get their attention on the severity of their actions," he said. "Take a license away from a 16-year-old, and they won't drive because they're under parental supervision. Suspending or revoking a license is extremely effective for young kids. ... There's a certain level of acceptance for drunk driving in the country, and it's gotten out of control. This isn't just a slap on the hand anymore."

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