Avoid 3 Nightmare Prom Scenarios | Tips from a Criminal Attorney

Prom is a special time in every teenager’s life. It’s a chance to dress up and have a night of fun with friends. However, prom night can turn into a nightmare quickly without the proper precautions. Here are tips for avoiding the top three nightmare prom scenarios. 

Drunk Driving

First on the list is drunk driving. This is an easy one. If you drink, don’t drive. Virginia defines intoxicated driving as a blood alcohol content of .08% or more. However, for drivers under the age of 21 the threshold drops to .02%. 

For a first-time offense, this charge carries a penalty of up to 12 months in jail, a fine of $250.00-2,500.00, and a license suspension of one (1) year. For subsequent offenses, these penalties are harsher. 

Furthermore, DUI charges apply to any form of intoxication, not just alcohol. 

Minor in Possession

In Virginia, a minor in possession of drugs or alcohol can be charged with a criminal offense. This is typically a misdemeanor charge. Penalties can include fines, mandatory programs like alcohol awareness, probation, or community service. Penalties may also include jail time and mandatory revocation of drivers license for one year. 

There are two exceptions to this rule. First, if the minor is carrying alcohol by order of his parent. Second, Virginia permits underage possession when an alcoholic beverage is provided to an underage guest in a private residence and the underage guest is “accompanied by a parent, guardian, or spouse who is twenty-one years of age or older.” Va. Code Ann. §§ 4.1-305, 4.1-200.

Sexual Assault

Prom night has long been the time for sweethearts to get cozy with each other. So, how do you protect yourself against sexual assault charges? First, understand the age of consent. Regardless of age, a person can not provide legal consent if a sexual act occurs due to physical force, threats, intimidation, impaired mental capacity, or physical disability. If you or your date are under the influence of drugs or alcohol, you can’t provide legal consent.

Furthermore, age matters. People under the age of 13 cannot provide legal consent and people 14-17 can only provide consent for sexual activity in extremely limited circumstances. Due to Virginia’s Romeo and Juliet law, a 15–17-year-old may provide consent to other teens who are close in age. For example, a 17-year-old can engage in sexual acts with another 17-year-old, 16-year-old, or 15-year-old. 

Stay Safe and Avoid Nightmare Prom Scenarios

You can enjoy your prom night while staying safe with these tips. Talk to your teens about the risks and the consequences of being charged with any of these crimes. To learn more or to discuss your case, please contact Cook, Craig and Francuzenko today.