Alcohol Offenses

Alcohol offenses in Virginia can be misdemeanors or felonies.  Some alcohol offenses in Virginia are punished with just fines, while other alcohol offenses in Virginia can be punished with several years in prison.

There are a number of alcohol offenses in Virginia.  The most common alcohol offenses in Virginia include those related to public intoxication and drinking or possessing alcohol in public, driving while intoxicated (DWI), alcohol offenses involving intoxicated persons, crimes involving underage persons, offenses related to interdicted persons, and purchasing and selling offenses, among others.  These alcohol offenses in Virginia are discussed below.

Alcohol Offenses in Virginia Involving Public Intoxication or Drinking in Public

In Virginia, it is a crime to drink alcohol in public, to be drunk in public, and to drink alcohol in certain public places.

  • alcohol offenses in VirginiaDrunk in Public (Va. Code §18.2-388): In Virginia, public intoxication, or being drunk in public, is a Class 4 misdemeanor.  It is punished with a fine up to $250.  For more information on public intoxication charges in Virginia, click here.
  • Drinking in Public (Va. Code §4.1-308): Drinking alcohol in public, or offering alcohol to another person in public, is a Class 4 misdemeanor in Virginia.  It is punished with a fine up to $250.
  • Drinking/Serving Alcohol on Public School Grounds (Va. Code §4.1-309): It is a Class 2 misdemeanor to possess or drink alcohol on any public elementary or secondary school grounds during or after school or student activities.  This offense is punished with up to 6 months in jail and a fine up to $1000.

Alcohol Offenses in Virginia Involving Driving

A number of alcohol offenses in Virginia can be committed while driving, including driving while intoxicated, drinking while driving, and operating a school bus while drinking or possessing alcohol.

  • Driving While Intoxicated (Va. Code §18.2-266): A driver can be convicted of a Virginia Driving While Intoxicated charge, or DWI, if he is operating a motor vehicle under the influence of alcohol, drugs, or a combination of both.  In Virginia, a Blood Alcohol Content (BAC) higher than .08 allows a court to infer that the offender was under the influence of alcohol.  Virginia DWI charges can be misdemeanors or felonies, depending on the number of the offender’s prior convictions and the severity of any resulting injury. For more information on Virginia DUI charges and their penalties, click here.
  • Drinking While Driving (Va. Code §18.2-323.1): It is a Class 4 misdemeanor to drink alcohol while driving a motor vehicle.  It is punished with a fine up to $250.
  • Possession/Drinking Alcohol While Operating School Bus (Va. Code §4.1-309.1): It is a Class 1 misdemeanor to possess or consume alcohol while operating a school bus and transporting children.  This offense is punished with up to 12 months in jail and a fine up to $2500.

Alcohol Offenses in Virginia Involving Intoxicated Persons

  • Intoxicated in Public (Va. Code §18.2-388): Public intoxication in Virginia is a Class 4 misdemeanor, punished with a fine up to $250.  For more information on Virginia public intoxication charges, click here.
  • Selling Alcohol to Intoxicated Person (Va. Code §4.1-304(iii)): Selling alcohol to an intoxicated person is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.
  • Buying Alcohol for Intoxicated Person (Va. Code §4.1-306(A)(ii)): Buying alcohol for an intoxicated person is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension for up to one year.  For more information on the crime of purchasing alcohol for an intoxicated person in Virginia, click here.

Alcohol Offenses in Virginia Involving Interdicted Persons

A person can be declared interdicted in Virginia (pursuant to Va. Code §4.1-333) if the Circuit Court has determined, after a hearing, that the person is a “habitual drunkard”.  Interdicted persons in Virginia are prohibited from purchasing, consuming, or possessing alcohol.

  • Interdicted Person in Possession of Alcohol (Va. Code §4.1-322): It a Class 1 misdemeanor for an interdicted person to possess or attempt to possess alcohol.  This crime is punished with up to 12 months in jail and a fine up to $2500.
  • Interdicted Person Drunk in Public (Va. Code §4.1-322): It is also a Class 1 misdemeanor for an Interdicted Person to be Drunk in Public in Virginia.  This crime is punished with up to 12 months in jail and a fine up to $2500.
  • Buying Alcohol for Interdicted Person (Va. Code §4.1-306(A)(i)): It is a Class 1 misdemeanor to buy alcohol for an Interdicted person.  In addition to the possibility of jail and a fine, the offender’s driver’s license will be suspended for up to one year pursuant to §4.1-306(B).
  • Selling Alcohol to Interdicted Person (Va. Code §4.1-304(A)(ii)): It is a Class 1 misdemeanor to knowingly sell alcohol to an interdicted person.  It is punished with up to 12 months in jail and a fine up to $2500.

For more general information on what it means to be Interdicted in Virginia, click here.

Alcohol Offenses in Virginia Involving Underage Possession

There are a number of alcohol offenses in Virginia involving minors and underage possession of alcohol, including possessing alcohol by an underage person, using a fake ID to buy alcohol, selling alcohol to an underage person, selling alcohol to an underage person without checking ID, and buying alcohol for an underage person.

  • Underage Consumption, Purchase, or Possession of Alcohol (Va. Code §4.1-305, §4.1-323): It is a Class 1 misdemeanor for anyone under 21 to consume, purchase or possess alcohol or to attempt to consume, purchase or possess alcohol.  If convicted, the offender will have to pay a minimum fine of $500 or perform 50 hours of community service, in addition to a possibility of up to 12 months in jail.  If the offender is over 18, his driver’s license will be suspended for at least 6 months.  For more information on Underage Consumption, Purchase, Possession of Alcohol in Virginia under Va. Code §4.1-305, click here.
  • Using Fake ID or Another’s ID to Purchase Alcohol (Va. Code §4.1-305(B)): It is a Class 1 misdemeanor to use a fake ID or another person’s ID to buy alcohol.  This crime is punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension for up to one year.
  • Selling Alcohol to Person Under 21 (Va. Code §4.1-304(A)): It is a Class 1 misdemeanor to sell alcohol to someone under 21.  This crime is punished by up to 12 months in jail and a fine up to $2500.
  • Selling Alcohol to Underage Person without Checking ID (Va. Code §4.1-304(B)): It is a Class 3 misdemeanor to sell alcohol to a person under 21 without asking for valid photo identification.  This offense is punished with a fine up to $500.
  • Buying Alcohol for Person Under 21 (Va. Code §4.1-306): It is a Class 1 misdemeanor to buy alcohol for a person under 21 in Virginia.  It is punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension for up to one year.  For more information on the charge of Purchasing Alcohol for an Underage Person in Virginia under Va. Code §4.1-306, click here.

Alcohol Offenses in Virginia Involving Selling

There are a number of requirements that anyone who sells alcohol in Virginia must follow.  Failure to follow these requirements could result in criminal charges, including selling alcohol without a license, selling alcohol to an intoxicated person, selling alcohol to an interdicted person, and selling alcohol to an underage person.

  • Selling Alcohol Without License (Va. Code §4.1-302): Any person who sells alcohol without a license is guilty of a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.  A second or subsequent offense will result in a mandatory 30 days in jail.
  • Selling Alcohol to Intoxicated Person (Va. Code §4.1-304(iii)): It is a Class 1 misdemeanor to sell alcohol to an intoxicated person. The offender can be punished with up to 12 months in jail and a fine up to $2500.
  • Selling Alcohol to Interdicted Person (Va. Code §4.1-304(A)(ii)): It is a Class 1 misdemeanor to sell alcohol to a person who has been interdicted.  This offense is punished with up to 12 months in jail and a fine up to $2500.
  • Selling Alcohol to Underage Person (Va. Code §4.1-304(A)(i)): It is a Class 1 misdemeanor to sell alcohol to an intoxicated person. The offender can be punished with up to 12 months in jail and a fine up to $2500.
  • Selling Alcohol to Underage Person without Checking ID (Va. Code §4.1-304(B)): Selling alcohol to an underage person without checking ID is a Class 3 misdemeanor, punished with a fine up to $500.

Alcohol Offenses in Virginia Involving Purchasing

There are also a number of alcohol offenses in Virginia involving prohibited purchases, including purchasing alcohol from an unauthorized seller, purchasing alcohol for an intoxicated person, purchasing alcohol for an interdicted person, and purchasing alcohol for an underage person.

  • alcohol offenses in VirginiaPurchasing Alcohol from Person Not Authorized to Sell (Va. Code §4.1-303): It is a Class 1 misdemeanor to buy alcohol from an unauthorized seller.  This crime is punished with up to 12 months in jail and a fine up to $2500.
  • Purchasing Alcohol for Intoxicated Person (Va. Code §4.1-306(A)(ii)): It is a Class 1 misdemeanor to buy alcohol for an intoxicated person.  It is punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension for up to one year.  Click here for more information on the crime of purchasing alcohol for an intoxicated person in Virginia.
  • Purchasing Alcohol for Interdicted Person (Va. Code §4.1-306(A)(i)): Knowingly buying alcohol for an Interdicted person in Virginia is a Class 1 misdemeanor.  It is punished with up to 12 months, a fine up to $2500, and driver’s license suspension for up to one year.
  • Purchasing Alcohol for Underage Person (Va. Code §4.1-306(A)(1)): It is also a Class 1 misdemeanor to purchase alcohol for a person under the age of 21.  This offense is punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension up to one year.  For more information on purchasing alcohol for an underage person in Virginia, click here.

Other Alcohol Offenses in Virginia

  • Delivering Alcohol to Prisoner (Va. Code §4.1-321): It is a Class 1 misdemeanor to give alcohol to a prisoner in Virginia.  This offense is punished with up to 12 months in jail and a fine up to $2500.
  • Manufacturing Alcohol without License (Va. Code §4.1-300.A): It is a Class 6 felony to manufacture alcohol without a license or bottle beer for sale.  It is punished with up to 5 years in prison.