Teen Driving

Driving During Restricted Hours

According to Virginia State Code 46.2-335 (D), teens that only have a learner's permit cannot drive between the hours of 12 a.m. and 4 a.m. Penalties include a class 2 Misdemeanor plus court cost.

There are also curfew laws that may be violated if a teen is driving without a parent or guardian. These laws differ with the teen's age and the city in which the motor vehicle is being operated.

Number of Passengers in a Vehicle

Restricted Passengers/Learner's Permit

According to Virginia State Code 46.2-335 (C), no driver under the age of 18 can drive with more than 1 passenger who is less than 18 years old. This limitation does not apply to the driver's family or household such as (i) the driver's spouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters, and individual who has a child in common with the driver. (ii) The driver's brothers-in law, sisters in law who live in the same household as the driver. (iii) Anyone who lives in the house with the driver.

DUI Laws Pertaining to Teens

Underage Drinking and Driving

According Virginia State Code 18.2-266.1, any person under the age of 21 is subject to arrest if their blood alcohol content is .02 or greater. Basically 1 beer or alcoholic beverage will send you straight to jail.


Penalties upon conviction include suspended license for 6 months, fine not to exceed $500 and attend Alcohol Safety Action Program.

Drinking While Driving

According Virginia State Code 18.2-323.1, it is illegal for anyone to drink an alcoholic beverage while driving. The driver is subject to being charged in violation of this code if there are any open containers of alcohol in the vehicle (not including the trunk).


The penalty is a Class 4 Misdemeanor, pre-payable fine and court cost.

Texting or Use of Cell Phones While Driving

According to Virginia State Code 46.2-1078.1, it is illegal for any person to text, read a text, or read an email while driving. Furthermore, Virginia State Code 46.2-334.01 states that anyone under the age of 18 can't use a cellphone while driving whether it is hands free or not.


The penalty for texting while driving is a $20 fine. The penalty for using a cellphone under the age of 18 while driving is subject to 6 months suspension of license.