Purchasing Alcohol for Intoxicated Person
March 16, 2016 by Jean Humbrecht
There are a number of crimes related to purchasing and serving alcohol in Virginia, including Purchasing Alcohol for Intoxicated Person in Virginia (Va. Code §4.1-306(A)(ii)).
Proof of Purchasing Alcohol for Intoxicated Person in Virginia
It is a violation of Va. Code §4.1-306(A)(ii) to buy alcohol for someone the offender knew or should have known was intoxicated. The Commonwealth must prove that the offender:
purchased alcohol - for another person
- that other person was intoxicated, and
- the offender knew or should have known that the person was intoxicated.
purchased alcohol The purchase can occur from a liquor or grocery store, or even in a bar or restaurant. If the purchaser knew or should have known that the other person was intoxicated, he can be convicted of a Purchasing Alcohol for Intoxicated Person in Virginia charge under Va. Code §4.1-306.
Penalty for Purchasing Alcohol for Intoxicated Person in Virginia
It is a Class 1 misdemeanor under Va. Code §4.1-306(A)(ii) to buy alcohol for an intoxicated person. If convicted of the Purchasing Alcohol for Intoxicated Person in Virginia charge, the offender faces up to 12 months in jail, a fine up to $2500, and any alcohol purchased will be forfeited. Additionally, Va. Code §4.1-306(B) provides that the offender’s driver’s license will be suspended for up to one year. He can petition the court for a restricted license, but this is up to the discretion of the judge and could be denied.
Attempt to Purchase Alcohol for Intoxicated Person in Virginia
An offender can also be convicted of attempting to purchase alcohol for an intoxicated person under Va. Code §4.1-323 . The penalty for attempting this offense is the same as the penalty the Purchasing Alcohol for Intoxicated Person in Virginia charge.
Purchasing Alcohol for Intoxicated Person in Virginia Statute
§ 4.1-306. Purchasing alcoholic beverages for one to whom they may not be sold; penalty; forfeiture.
A1. Any person who purchases for, or otherwise gives, provides, or assists in the provision of alcoholic beverages to another person, when he knows or has reason to know that such person was less than 21 years of age, 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 when possession of an alcoholic beverage is necessary in the performance of his duties, is guilty of a Class 1 misdemeanor.
B. In addition to any other penalty authorized by law, any person found guilty of a violation of this section shall have his license to operate a motor vehicle suspended for a period of not more than one year. The court, in its discretion, may authorize any person convicted of a violation of this section the use of a restricted permit to operate a motor vehicle in accordance with the provisions of subsection D of § 16.1-278.9 or subsection E of §18.2-271.1.
C. Any alcoholic beverages purchased in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with § 4.1-338.
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