Underage Possession of Alcohol in Virginia

Although many people in Virginia drink alcohol before they are 21, it is not an offense that is taken lightly in court.  Underage Possession of Alcohol in Virginia under Va. Code §4.1-305 is a serious misdemeanor.  A conviction for Underage Possession of Alcohol in Virginia can have drastic consequences, including a jail sentence, high fines or community service, driver’s license suspension, and a permanent criminal record.

Proof of Underage Possession of Alcohol in Virginia

To convict an offender of Underage Possession of Alcohol in Virginia under Va. Code §4.1-305, the Commonwealth must prove:

• the person was under 21, and
• that he possessed alcohol.

Proving that an offender “possessed” alcohol in Virginia is surprisingly easy.  An offender does not need to be found holding or drinking any alcohol to be convicted of possessing alcohol.  An odor of alcohol, admissions to drinking, exhibiting signs of intoxication, and results from preliminary breath tests can all be used to prove a charge of Underage Possession of Alcohol in Virginia.  Someone can even be convicted of Underage Possession of Alcohol in Virginia just for having alcohol in his system.

Penalty for Underage Possession of Alcohol in Virginia

Underage Possession of Alcohol in Virginia is a Class 1 misdemeanor.  It is punished with up to 12 months in jail, a mandatory minimum fine of $500 or 50 hours of community service, and confiscation and forfeiture of any alcohol purchased or possessed.

Additionally, if the offender is over 18, his driver’s license will be suspended for at least 6 months but not more than 12 months.  He can apply for a restricted license, but it is up to the discretion of the judge and can be denied.  If the court does grant the request for a restricted operator’s license, the offender may be required to participate in the Virginia Alcohol Safety Action Program (ASAP) or another community-based probation services program and comply with all of the program’s requirements, including remaining alcohol-free.

If the offender is under 18, he will be denied the ability to obtain a driver’s license for 6 months.  If the offender was under the age of 16 and 3 months, he will be denied a driver’s license until 6 months after he reaches the age of 16 and 3 months.

Most importantly, a conviction in Virginia cannot ever be expunged-this means it will be on the offender’s criminal record for the rest of his life.  It is very important to consult an experienced Virginia criminal defense attorney to discuss a charge of Underage Possession of Alcohol in Virginia and any possible defenses.

Deferred Disposition and Dismissal For First Offenders

A person charged with a first offense of Underage Possession of Alcohol in Virginia may be eligible to participate in a first offender deferred disposition program under Va. Code §4.1-305(F).  If the court finds facts sufficient that the offender has committed the crime, the court can defer a finding of guilt and place the offender on probation with specified conditions.  This probation requires a treatment and/or education program, remaining on good behavior, and potentially driver’s license suspension for at least 6 months.  The offender will also have to pay any fees associated with the program and court costs.

Successful completion of this deferred disposition program will result in dismissal of the charge.  However, the arrest cannot be expunged and the person cannot take advantage of this first offender program more than once.  If the offender fails to successfully complete the program, he will be convicted of Underage Possession of Alcohol in Virginia and is subject to all of the possible penalties that come with a conviction, he will have a permanent criminal record, and will not be able to take advantage of the first offender program again.

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