Alcohol Crimes Defense Attorneys

Virginia law prohibits consumption of alcohol in public, consumption by people under age 21, and behaving or appearing as though intoxicated in public places. The same law that makes public intoxication a crime also makes it a misdemeanor offense to swear or curse in public.

Many charges related to alcohol in Virginia are minor misdemeanors with fines of $250 or less. Paying the fine without contesting the charge amounts to a guilty plea and therefore a permanent criminal record. Under some circumstances, such as when the person charged is under 21, when there are previous drug or alcohol convictions, or the offense was committed on school grounds, fines can be much higher and penalties may include probation, loss of driving privileges, community service, or jail time.

Many alcohol-related charges hinge on the offense having been committed in a public place. A defense exists when it can be shown that the place did not in fact meet the definition of “public” under Virginia law or when police action brings a person out in public. An experienced criminal defense attorney can help navigate the nuances of those legal definitions.

Alcohol Offenses in Virginia

• Drinking in Public — VA Code §4.1-308
  Virginia Code §4.1-308 makes it a misdemeanor crime drink alcohol in public, or to offer a drink to another person even if that person refuses. A conviction carries a penalty of up to $250. Drinking or serving alcohol on public school grounds has a more severe penalty of up to six months in jail and a $1,000 maximum fine.
• Public Intoxication — VA Code §18.2-388
  A person who shows signs of intoxication, whether as the result of alcohol, drugs or other intoxicants, in a public place can be charged with a minor misdemeanor in Virginia. Typically the penalty is a fine up to $250, but fines can be greater if the person has previous drug or alcohol convictions. Defenses to the charge include demonstrating that the person wasn’t intoxicated or that the place wasn’t public.
• Underage Possession of Alcohol — VA Code §4.1-305
  In Virginia, someone under 21 can be arrested for underage possession of alcohol when buying, possessing or drinking alcohol, or even attempting to do so. Appearing intoxicated can give police sufficient cause to stop and question someone and administer a breath test. The crime is a misdemeanor with a minimum $500 fine, as well as probation and a sentence of 50 hours of community service, and the possibility of a driver’s license suspension.