A. It is unlawful for any person younger than 21 years of age to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.
B. A violation of this section is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may be issued a restricted license during the term of license suspension, provided, however, that such person is required to install an ignition interlock system pursuant to § 18.2-270.1 for a period not to exceed one year.
C. Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.
1994, cc. 359, 363; 1995, c. 31; 2003, c. 605; 2008, c. 729; 2009, c. 660; 2011, cc. 134, 683; 2026, c. 1112.
Notes of Decisions
Cited in
46
cases (
2 in the last 5 years), 1996–2026 · leading case:
Mejia v. Commonwealth, 474 S.E.2d 866 (Va. Ct. App. 1996).
Mejia v. Commonwealth, 474 S.E.2d 866 (Va. Ct. App. 1996).
· cites it 36× “1(A), Jacinto Mejia contends that the trial court erred in denying his motion to strike the evidence, which was grounded on the Commonwealth's alleged failure to prove that his consumption of alcohol was illegal.”
Charles v. Commonwealth, 474 S.E.2d 860 (Va. Ct. App. 1996).
· cites it 72× “Scott Allen Charles (appellant) appeals his conviction for operating a motor vehicle after illegally consuming alcohol under the age of twenty-one, in violation of Code § 18.2-266.1. Appellant contends: (1) the trial court erred in finding that his blood alcohol test,…”
Oliver v. Commonwealth, 577 S.E.2d 514 (Va. Ct. App. 2003).
· cites it 12× “2-266 or § 18.2-266.1 or of a similar ordinance within two hours of the alleged offense.”
Hall v. Commonwealth, 529 S.E.2d 829 (Va. Ct. App. 2000).
· cites it 10× “2-266 or Code § 18.2-266.1. The Commonwealth indicted and tried appellant for aggravated manslaughter, which is statutorily defined as follows: A.”
Dist. of Columbia v. Fitzgerald, 953 A.2d 288 (D.C. 2008).
· cites it 9× “Fitzgerald previously was convicted of operating a motor vehicle after illegally consuming alcohol, in violation of Va.Code Ann. § 18.2-266.1 (2004). D.C.Code § 50-2201.”
Jacob Lynn Patterson v. Commonwealth of Virginia, 749 S.E.2d 538 (Va. Ct. App. 2013).
· cites it 4× “” Code § 18.2-266.1 states that it is unlawful for a person under 21 years of age to operate a motor vehicle with a blood alcohol content between .”
Gray v. Com., 645 S.E.2d 448 (Va. 2007).
· cites it 2× “Code § 18.2-266.1 and Code § 29.1-738.02.”
Woolridge v. Commonwealth, 512 S.E.2d 153 (Va. Ct. App. 1999).
· cites it 2× “2-266, § 18.2-266.1, or a similar ordinance, chemical analysis of a person’s breath shall be performed by an individual possessing a valid license to conduct such tests, with a type of equipment and in accordance with methods approved by the Department of Criminal Justice…”
United States v. Lambert, 594 F. Supp. 2d 676 (W.D. Va. 2009).
· cites it 8× “2 (2008) (incorporating Va.Code Ann. § 18.2-266.1 *678 (Supp.2008)); (3) possession of alcohol while under twenty-one, 36 C.”
Lamay v. Commonwealth, 513 S.E.2d 411 (Va. Ct. App. 1999).
· cites it 3× “2-266® or (ii) or both, or § 18.2-266.1 or of a similar ordinance shall elect to have either a blood or breath sample taken, but not both.”
Stevens v. Commonwealth, 603 S.E.2d 642 (Va. Ct. App. 2004).
· cites it 2× “2-266(i) or (ii) or both, or [Code] § 18.2-266.1... shall submit to a breath test.”
Cutright v. Commonwealth, 601 S.E.2d 1 (Va. Ct. App. 2004).
“2-266 or § 18.2-266.1, or 18.2-272 shall determine the innocence or guilt of the defendant from all the evidence concerning his condition at the time of the alleged offense.”
— Va. Code Ann. § 18.2-266.1(A) — 6 cases
Mejia v. Commonwealth, 474 S.E.2d 866 (Va. Ct. App. 1996).
“1(A), Jacinto Mejia contends that the trial court erred in denying his motion to strike the evidence, which was grounded on the Commonwealth's alleged failure to prove that his consumption of alcohol was illegal.”
Charles v. Commonwealth, 474 S.E.2d 860 (Va. Ct. App. 1996).
“Scott Allen Charles (appellant) appeals his conviction for operating a motor vehicle after illegally consuming alcohol under the age of twenty-one, in violation of Code § 18.2-266.1. Appellant contends: (1) the trial court erred in finding that his blood alcohol test,…”
Dist. of Columbia v. Fitzgerald, 953 A.2d 288 (D.C. 2008).
“Fitzgerald previously was convicted of operating a motor vehicle after illegally consuming alcohol, in violation of Va.Code Ann. § 18.2-266.1 (2004). D.C.Code § 50-2201.”
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