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New Penalties for Knowingly Authorizing an Unauthorized Minors to Drive

As of July 1, 2025, new penalties are in place for persons who allow unqualified individuals such as minors to operate a motor vehicle. The updated language in § 46.2-301.1(E) points to two groups of people who may be “unqualified”: those who have no legal right to operate a motor vehicle and minors who don’t have a license or learner’s permit or plans to operate outside the permit restrictions. If this unqualified person gets into an accident that leads to either injury or death, the party responsible for giving them permission to operate a motor vehicle will be guilty of a class 1 criminal misdemeanor, provided that such violation does not otherwise constitute a felony.

The added language to Virginia Code § 46.2-301.1 is underlined below:

“E. Any person who knowingly authorizes the operation of a motor vehicle by (i) a person he knows has had his driver’s license, learner’s permit, or privilege to drive a motor vehicle suspended or revoked for any of the reasons set forth in subsection A or (ii) a person who he knows has no operator’s license and who he knows has been previously convicted of driving a motor vehicle without an operator’s license in violation of § 46.2-300 or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction shall be guilty of a Class 1 misdemeanor. Any person who knowingly authorizes the operation of a motor vehicle by a (a) any person who he knows has no legal right to do so or (b) minor who he knows has no operator’s license or learner’s permit or who has a learner’s permit but who he knows will operate such motor vehicle in violation of any provision of § 46.2-335 is guilty of Class 1 misdemeanor if such violation results in a motor vehicle accident that causes injury or death to any person, provided that such violation does not otherwise constitute a felony.“

Class 1 criminal misdemeanors are serious offenses that carry high penalties. Judges have the discretion to impose the following penalties if a defendant is found guilty of a class 1 criminal misdemeanor:

• A fine of up to $2,500
• A jail sentence of up to 12 months

If you have received a ticket for allowing someone to drive a vehicle unlawfully, one of our knowledgeable traffic defense attorneys would be glad to speak with you.

Call (757) DUI-HELP or use this link to book a traffic law consultation.