Purchasing Alcohol for Underage Person
March 1, 2016 by Jean Humbrecht
There are a number of crimes in Virginia related to the underage possession or underage purchase of alcohol. Not only it is a crime for someone under 21 to buy alcohol in Virginia, it is also a crime to purchase alcohol for an underage person. The crime of Purchasing Alcohol for Underage Person in Virginia is found in Va. Code §4.1-306.
Proof of Purchasing Alcohol for Underage Person in Virginia
It is a Class 1 misdemeanor under Va. Code §4.1–306(A)(1) to purchase alcohol for a person under the age of 21. The statute also prohibits a person from giving, aiding, or assisting a person under 21 in obtaining alcohol.
The Commonwealth must prove that the offender:
- purchased alcohol (or gave/aided/assisted another person in obtaining alcohol)
- for another person, AND
- knew (or had reason to know) the person he was purchasing for was under 21.
It is also a crime in Virginia to attempt to purchase alcohol for an underage person in Virginia under Va. Code §4.1-323. This offense is punished the same way as the charge of purchasing alcohol for underage person in Virginia under Va. Code §4.1-306.
Penalties for Purchasing Alcohol for Underage Person in Virginia
The charges Purchasing Alcohol for Underage Person in Virginia (Va. Code §4.1–306(A)(1)) and attempting to purchase alcohol for an underage person in Virginia (Va. Code §4.1-323) are Class 1 misdemeanors, punished with up to 12 months in jail, a fine up to $2500, and the alcohol that was purchased will be considered contraband and forfeited under Va. Code §4.1-306(C). Additionally, the offender’s driver’s license will also be suspended for up to 12 months under Va. Code §4.1-306(B). However, the offender can petition the court for a restricted license. This restricted license will allow the offender to drive to work, school, necessary medical appointments, and a very limited list of other places at specific times during the day. A restricted license is not automatic and issuing a restricted license is up to the discretion of the judge.
Additionally, a conviction for Purchasing Alcohol for Underage Person in Virginia under Va. Code §4.1-306 will remain on the offender’s permanent criminal record and cannot be expunged.
Purchasing Alcohol for Underage Person in Virginia: Statute
§4.1-306. Purchasing alcoholic beverages for one to whom they may not be sold; penalty; forfeiture.
A. Any person who purchases alcoholic beverages for another person, and at the time of such purchase knows or has reason to believe that the person for whom the alcoholic beverage was purchased was (i) interdicted, or (ii) intoxicated, is guilty of a Class 1 misdemeanor.
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.
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.
***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***