Underage Possession of Alcohol in Virginia
Underage Possession of Alcohol Law in Virginia
In Virginia, it is against the law for those under the age of 21 to possess alcohol. The law also punishes those under 21 having fake IDs to purchase alcohol. Va. Code § 4.1-305 reads:
A. No person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304 shall consume, purchase or possess, or attempt to consume, purchase or possess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by a person less than 21 years of age is due to such person’s making a delivery of alcoholic beverages in pursuance of his employment or an order of his parent; or (iii) by any state, federal, or local law-enforcement officer or his agent when possession of an alcoholic beverage is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the alcohol was possessed or consumed, or in the county or city in which the person exhibits evidence of physical indicia of consumption of alcohol. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows that such consumption or possession was pursuant to subdivision 7 of § 4.1-200.
B. No person under the age of 21 years shall use or attempt to use any (i) altered, fictitious, facsimile, or simulated license to operate a motor vehicle; (ii) altered, fictitious, facsimile, or simulated document, including but not limited to a birth certificate or student identification card; or (iii) motor vehicle driver’s license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, birth certificate, or student identification card of another person in order to establish a false identification or false age for himself to consume, purchase, or attempt to consume or purchase an alcoholic beverage.
Consequences of Underage Possession of Alcohol
Underage possession of alcohol is considered a serious crime in Virginia, and as such, it is punished as a Class 1 Misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500. Not only that, but there is also a mandatory punishment by fine or community service meaning that the judge will impose a minimum fine of $500 or order 50 hours of community service. A conviction of underage possession of alcohol also causes a mandatory 6-month driver’s license suspension.
Given the severe consequences of this charge, and the fact that a charge like this can be detrimental at such a young age, first time offenders may be eligible for pre-conviction probation. If completed successfully, the charge for underage possession of alcohol would be dismissed. However, courts impose a number of requirements on those seeking dismissal and you must carefully follow all of the requirements in order to achieve dismissal of your case.
How Our Attorneys Can Help You
If you or your child have been charged with underage possession of alcohol, speaking with one of our criminal defense attorneys allows you to explore your specific circumstances surrounding your charge and discuss possible defenses. Our attorneys can negotiate with the prosecutor and try to dismiss the case if you are a first time offender. Our office handles underage possession of alcohol cases across Northern Virginia courts including the General District Courts in Alexandria, Arlington, Fairfax, Prince William, and Loudoun Counties. Contact us today for a free consultation regarding your underage possession of alcohol charge.
