"We highly recommend Mr. Manikas, he is a specialist and professional on both sides our legal system. His experience as a former prosecutor gives his clients an added advantage during the legal defense process. . . Kyle Manikas is a rising star attorney that judges are made from."
"He made strategic use of legal tools that other lawyers we had consulted never mentioned were available. He is a masterful litigator [and] achieved a remarkably positive outcome, even earning compliments from the judge for his outstanding work."
"He understands how both sides think and can anticipate the reactions and legal posturing that comes from the process. His intimate knowledge of the internal structure (Fairfax County) makes retaining Kyle's services invaluable."
"One of Northern Virginia's best"
"He knew the system inside and out, to include intangible experiences gained while working as a prosecuting attorney in the very same court where he now defends clients."
"I had received a list of quality lawyers from a Fairfax County Judge (which Kyle Manikas was on) . . . I decided to use Kyle Manikas for several reasons. First, I felt [his] time in prosecutor's office would result in strong relationships with the current prosecutors. Second, when talking to [him] on the phone, I got the sense [he] had superior understanding . . . of the . . . law and had the best feel for how things would progress."
A person under 21 who is stopped for driving under the influence can be charged with a standard DWI/DUI (under code section 18.2-266), just as any other person can. There is no minimum age limit for a charge under 18.2-266. However, the officer also has the option of charging the underage driver under code section 18.2-266.1, often referred to a “baby DUI” which makes it “unlawful” for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol and having a blood alcohol concentration ("BAC") of 0.02 percent or more. A .02 BAC is essentially one beer for the average person. A violation of this section is a Class 1 misdemeanor. Punishment includes (i) a 12 month loss of license and (ii) a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service, (iii) up to 12 months in jail, (iv) completion of the ASAP program.
People often make the mistake of thinking that because a person is underage they must be charged with a baby DUI as opposed to a standard DUI/DWI. This is simply not correct. If a person is a .08 BAC or above, the officer will almost always charge the person with a regular DUI regardless of their age. However, if the BAC is below a .08 and the driver does reasonably well on the field sobriety tests, the officer make charge the person with a baby DUI under 18.2-266.1.
What is important to note that a charge under 18.2-266.1 is still a Class 1 criminal misdemeanor and carries essentially the same consequences as a regular DUI/DWI.
If you or your child has been charged with a violation of 18.2-266.1, drinking after illegally consuming alcohol, feel free to call our office and schedule a consultation to discuss the matter.