What Does it Mean to Be Interdicted in Virginia?

Interdiction in Virginia is a process in which the Commonwealth declares a person to be a “habitual drunkard.” Once a person is declared Interdicted in Virginia, he is prohibited from purchasing, possessing, or consuming alcohol under Va. Code §4.1-322.  A violation, or attempted violation of this statute, is a Class 1 misdemeanor.

Additionally, if a person declared to be Interdicted in Virginia is charged with being drunk in public, it is charged as a Class 1 misdemeanor instead of a Class 4 misdemeanor.  A Class 4 misdemeanor is only punished with a fine up to $250 and no jail time.  However, a Class 1 misdemeanor is punished with up to 12 months in jail and a fine up to $2500.

How Does A Person Become Interdicted in Virginia?

There are 2 ways to be declared Interdicted in Virginia.  The most common is under Va. Code §4.1-333(A).  Under Va. Code §4.1-333(A), a Circuit Court can declare someone Interdicted in Virginia if the person has been convicted of a driving while intoxicated charge or “has shown himself to be a habitual drunkard.”  A petition for Interdiction usually is not filed until a person has had a large number of alcohol-related convictions.  The court must serve proper notice on the person and hold a hearing before declaring him Interdicted in Virginia.  An order of Interdiction prohibits the sale of any alcohol to the Interdicted person.  The Interdicted person is prohibited from buying, drinking, or possessing alcohol-even in his own home.

The other way to be declared Interdicted in Virginia is under Va. Code §4.1-334.  This statute provides for the Interdiction of people who have been convicted of illegally manufacturing, possessing, transporting, or selling alcohol or maintaining a common nuisance pursuant to Va. Code §4.1-317.  The statute allows the court to enter an order of interdiction prohibiting any alcohol to be sold to that person for at least one year.  Unlike Va. Code §4.1-333, the court does not have to give notice to the person they are seeking to interdict or have a hearing.

What is the Result of Being Declared Interdicted in Virginia?

Interdicted persons in Virginia are prohibited from buying, possessing, or drinking alcohol.  If an Interdicted person is caught with alcohol, he will be charged with a Class 1 misdemeanor.  It is punished with up to 12 months in jail, a fine or community service, and driver’s license suspension.

Crimes Related to Interdicted Persons in Virginia

• Interdicted Person Purchasing Alcohol (Va. Code §4.1-305(A)):  Anyone declared Interdicted in Virginia is prohibited from purchasing alcohol.  Purchasing alcohol in violation of this statute is a Class 1 misdemeanor, punished by up to 12 months in jail, a mandatory minimum fine of $500 or 50 hours of community service, and driver’s license suspension for a minimum of 6 months up to 12 months.
• Interdicted Person in Possession of Alcohol (Va. Code §4.1-322): It is a Class 1 misdemeanor under Va. Code §4.1-322 for an Interdicted person to possess alcohol.  It is punished with up to 12 months in jail, a fine of at least $500 or 50 hours of community service, and driver’s license suspension for 6-12 months.
• Interdicted Person Consuming Alcohol (Va. Code §4.1-305(A)):  An interdicted person is prohibited from even consuming alcohol. Consuming alcohol in violation of Va. Code §4.1-305(A) is also a Class 1 misdemeanor, punished with up to 12 months in jail, a mandatory minimum fine of $500 or 50 hours of community service, and driver’s license suspension for 6 months up to 1 year.
• Interdicted Person Drunk in Public (Va. Code §4.1-322): It is a Class 1 misdemeanor for a person declared Interdicted in Virginia to be drunk in public in violation of Va. Code §18.2-388.  It is punished with up to 12 months in jail and a fine up to $2500.
• Interdicted Person Attempting to Consume, Purchase, or Possess Alcohol (Va. Code §4.1-305(A)): It is a Class 1 misdemeanor for an Interdicted person in Virginia to attempt to consume, purchase, or possess alcohol.  This crime can be prosecuted in the county or city where the alcohol was bought, consumed or possessed, or where the person shows signs of having consumed alcohol.  This offense is punished with up to 12 months in jail, a mandatory minimum fine or $500 or 50 hours of community service, and driver’s license suspension for at least 6 months but not more than 1 year.
• Selling Alcohol to Interdicted Person (Va. Code §4.1-304(A)(ii)):  It is a crime to knowingly sell alcohol to an Interdicted person in Virginia.  This offense is a Class 1 misdemeanor, and the seller faces up to 12 months in jail and a fine up to $2500.
• Purchasing Alcohol for an Interdicted Person (Va. Code §4.1-306(A)(i)):  Purchasing alcohol for a person declared to be Interdicted in Virginia is also a Class 1 misdemeanor.  This crime is punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension for up to 12 months.

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