Virginia Laws
Underage Possession of Alcohol: VA Code 4.1-305
a. No person to whom an alcoholic beverage may not lawfully be sold shall purchase or possess any alcoholic beverage.
b. Any person found guilty of a violation of this section shall be guilty of a class 1 misdemeanor (with a minimum fine of $500 or 50 hours of minimum community service and up to 12 months in jail and/or up to $2500 in fines); and upon conviction, such person's license to operate a motor vehicle in the commonwealth shall be suspended for a period of not less than 6 months or more than one year.
Possession of alcohol by persons under the age of 21 no longer requires that the person be holding the beverage or container in their hand. Recent Virginia Court of Appeals rulings have made it clear that possession included alcohol which had been consumed and is in one's body. The evidence of this is based upon the officer's investigation, not on the existence of a cup, can or other container. If you have consumed any alcoholic beverages illegally and you come into contact with a Law Enforcement Officer, you can be charged with under aged possession.
Purchase Alcohol for Another: VA Code 4.1-306
If any person purchases alcoholic beverages for another person and at the time of the purchase knows or has reason to believe that the person for whom the alcoholic beverage was purchased was (a) less than 21 years of age, (b) interdicted, or (c) intoxicated, he/she shall be guilty of a Class 1 misdemeanor (up to 12 months in jail and/or up to $2500 in fines).
Possession of Fictitious Identification: VA Code 18.2-204.2
It shall be unlawful for any person to manufacture, advertise for sale, sell or possess any fictitious, facsimile or simulated driver's license issued by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any foreign country or government; United States Armed Forces identification card; United States passport or foreign government visa; Virginia Department of Motor Vehicles special identification card; official identification issued by any federal, state or foreign government agency; or official university or college student identification card, or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid license or identification of any type specified in this subsection. Any person manufacturing, advertising for sale, selling or reproducing such card or facsimile thereof shall be guilty of a Class 1 misdemeanor. Any person possessing any such card or facsimile thereof shall be guilty of a Class 2 misdemeanor.
DUI Penalties: VA Code 18.2-270
(a) Except as otherwise provided herein, any person violating any provision of 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person's blood alcohol level as indicated by the chemical test administered as provided in the article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional minimum, mandatory period of 5 days or, if the level was more than 0.20, for an additional minimum, mandatory period of 10 days. The additional minimum, mandatory period of confinement shall not be suspended by the court.
- For sections (b and c), please refer to the Code of Virginia
18.2-270 (legis.state.va.us)
(d) In addition to the penalty otherwise authorized by this section or 16.1-278.9, any person convicted of a violation of 18.2-266 committed while transporting a person 17 of age or younger shall be
- Fined an additional minimum of $500 and not more than $1000 and
- Sentenced to perform forty hours of community service in a program benefiting children or, for a subsequent offense, eighty hours of community service in such a program.
DUI (Under 21): VA Code 18.2-266.1
a. It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol.
Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.
b. A violation of this section shall be punishable by forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and by a mandatory fine of $500 or performance of a mandatory minimum of 50 hours of community service. The penalties and license forfeiture provisions set forth in 16.1-278.9, 18.2- 270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.
c. Notwithstanding 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.