In an Aug. 17 Metro article about a crash on the Capital Beltway that killed four young women, a spokeswoman for the Virginia State Police was quoted as saying that state police consider a driver younger than 21 with a blood alcohol level of .02 to be "intoxicated." She later acknowledged that she should have used the term "driving under the influence," because for minors there is no charge of driving while intoxicated. Minors are instead charged with driving after illegally consuming alcohol. In fact, Sources told The Post, that the driver in the crash had a blood alcohol level of .14, which is over Virginia's legal limit.
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Driver in Fatal Beltway Crash Had .14 Alcohol Level
But Sengel and other prosecutors and police officials said one thing is clear: Underage drivers who test at .02 or above will be charged with being younger than 21 and driving after illegally consuming alcohol. The so-called baby DUI law, punishable by a six-month driver's license forfeiture and a $500 fine, does not mention intoxication or impairment. As state police pointed out, however, the entire section of the law dealing with drinking and driving is titled: "Driving Motor Vehicle . . . While Intoxicated.''
Underage drivers whose blood tests at .01 could also be charged if they show signs of drunkenness but are not charged automatically, even though the legal drinking age is 21, state police said.
  ELAINE M. THACKSTON (Family Photo - Family Photo) TOOLBOXCOMMENT |
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CLOSEThackston was charged under the baby DUI law May 4, 2006, when she was pulled over by police on the Fairfax County Parkway in Herndon. She pleaded guilty after her blood alcohol tested at .04. She was fined $100, and her license was suspended for six months, court records show.
Fairfax police also stopped Thackston for going 40 mph in a 25 zone in the Burke area June 5. Her court date was scheduled for Aug. 28.
Police have said that alcohol was a factor in the Beltway crash nine days later but that it is unclear how large a role it played. Witnesses told police that Thackston appeared to be driving normally until just before impact and that she was not speeding.
The crash occurred at 10:40 p.m. as the Volkswagen headed west on the Beltway's inner loop, in the middle lane of five, toward the Springfield interchange, police said.
Along with Thackston, the crash killed her roommate at George Mason, Sarah R. Carter, 19, a West Potomac High School graduate; Carter's cousin, Lydia M. Petkoff, 18; and Petkoff's classmate, Renee N. Shelkin, 18, all of the Alexandria area.
Petkoff and Shelkin had received their West Potomac diplomas that day. The 17-year-old who survived is a West Potomac student.
Staff researcher Meg Smith contributed to this report.
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