c Richmond Sunlight » 2011 » Underage drinking and driving; punishable as Class 1 misdemeanor. (SB770)

Underage drinking and driving; punishable as Class 1 misdemeanor. (SB770)

Introduced By

Sen. Dave Marsden (D-Burke)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Punishment for underage drinking and driving; penalty.  Provides that "zero tolerance" (0.02% BAC) underage drinking and driving is punishable as a Class 1 misdemeanor. Currently, the punishment is loss of license for six months and a fine of no more than $500. This bill provides that the punishment includes, but is not limited to, forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and either a mandatory minimum fine of $500 or 50 hours of community service. Amends § 18.2-266.1, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

  • 12/08/2010 Prefiled and ordered printed; offered 01/12/11 11100264D
  • 12/08/2010 Referred to Committee for Courts of Justice
  • 01/11/2011 Assigned Courts sub: Criminal
  • 01/17/2011 Reported from Courts of Justice (11-Y 0-N) (see vote tally)
  • 01/18/2011 Constitutional reading dispensed (37-Y 0-N) (see vote tally)
  • 01/19/2011 Read second time and engrossed
  • 01/20/2011 Read third time and passed Senate (37-Y 1-N) (see vote tally)
  • 01/20/2011 Reconsideration of passage agreed to by Senate (38-Y 0-N) (see vote tally)
  • 01/20/2011 Passed Senate (38-Y 0-N) (see vote tally)
  • 01/24/2011 Impact statement from DPB (SB770)
  • 02/07/2011 Assigned Courts sub: #1 Criminal
  • 02/07/2011 Placed on Calendar
  • 02/07/2011 Read first time
  • 02/07/2011 Referred to Committee for Courts of Justice
  • 02/21/2011 Reported from Courts of Justice (22-Y 0-N) (see vote tally)
  • 02/23/2011 Read second time
  • 02/24/2011 Read third time
  • 02/24/2011 Passed House BLOCK VOTE (98-Y 0-N)
  • 02/24/2011 VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
  • 02/24/2011 Reconsideration of House passage agreed to by House
  • 02/24/2011 Passed House BLOCK VOTE (99-Y 0-N)
  • 02/24/2011 VOTE: PASSAGE #2 (99-Y 0-N) (see vote tally)
  • 03/03/2011 Enrolled
  • 03/03/2011 Bill text as passed Senate and House (SB770ER)
  • 03/03/2011 Impact statement from DPB (SB770ER)
  • 03/03/2011 Signed by Speaker
  • 03/06/2011 Signed by President
  • 03/15/2011 G Approved by Governor-Chapter 134 (effective 7/1/11)
  • 03/15/2011 G Acts of Assembly Chapter text (CHAP0134)

Duplicate Bills

The following bills are identical duplicates of this one: HB1407.

In the News

Senate Panel Defies National DUI Standards

February 6, 2011
RICHMOND – A Senate committee has killed two bills that would have brought Virginia up to speed with national DUI standards.

Comments

Federalist45 writes:

WE ARE ALL CRIMINALS NOW

The State of Virginia here takes another step towards what appears to be its ultimate goal of labeling every person in the State a criminal. First, they criminalize speeding. Then, they criminalize dropping a cigarette butt onto the ground. Then, they prohibit drinking for 18-20 year olds. Then, they impose penalties 18-20 year old for driving with a BAC .02-.07 ("real adults" must be above .08). Now, they want to make sure that the 18-20 year old is labeled a criminal for this heinous crime of drinking half a beer before driving to the supermarket to pick up milk for mom.

What are we doing here, people? Why would we allow this overreach by government to impose criminal sanctions for simple errors. Drive 75 mph on I-95 South in Fairfax County in order to avoid being crushed from behind by speeding vehicles, and if the police happen to target you, you get to become a criminal. Corporal John Smith comes home to visit mom and dad on leave, after two tours in Afghanistan. Dad says, "Let's have a beer son." Son says, "Sure, dad." After their beer, Corporal Smith decides to go visit his girlfriend. On the drive over, the 20 year old war veteran with two Purple Hearts and a bronze star with "V" for valor gets pulled over. Cop does standard lie about no signaling or some other such deceit, and goes through usual harassment. Ends up noting probably cause to administer field sobriety tests and breathalyzer. Corporal Smith has a BAC of .03. CRIMINAL! Military career ruined, convicted a crime, labeled a drunk driver. He was no more drunk than if he had taken Nyquil for a cold.

This constant barrage of criminalization of our lives is demoralizing and ruinous. MADD has done some good things to fight real drunk driving. But MADD and the Virginia legislature have gone way, way too far in going after 19 year olds for having a beer. "There but for the Grace of God go I," is what 99% of them should be saying. Most are hypocrites since most did exactly what they are criminalizing in our children today. Hell, alot of these "lawmakers" have done alot worse. Our PRESIDENT has admitted to cocaine use, for Heaven's sake.

It is time to introduce not another criminal bill attacking young adults, but, rather, to introduce some rationality to our lawmaking. Why are 18-20 year olds second-class citizens? Why do 21 year olds and above "get" to intoxicate themselves to the point of .08 and drive, but not 20 year olds at one hour before their 21st birthday? Can the legislature or MADD cite to independent, objective studies that establish a rational relationship between the 18-20 year old criminalization laws and DUI deaths on the highways? Have they ever studied whether it is safer to drive 75 or 55 mph on I-95 South in Fairfax County?

The answer, of course, is "no." They have done none of that. MADD just comes along and screams and screeches loudly enough that the weakling legislators cave in and pretend to be doing something good.

A police state is not a good thing. By criminalizing our citizens for normal human behavior, our legislature is creating creating a police state. Criminalization of all of us gives the state, then, the excuse to add still more crimes in the name of public safety.

It is time to not only stop this, but to cut it back. Repeal the law that criminalizes 20 mph over the speed limit. Repeal the laws that make 18-20 year olds our "untouchables" class. Repeal the laws that make what many people do on a daily basis, in the normal course of their lives, crimes.