Charged with Underage Drinking in Virginia? What You Need to Know

The information in this article is for general informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. Consult a licensed Virginia attorney about your specific situation. Reading this article does not create an attorney-client relationship nor does merely contacting our office through this website or any other means.

---

Many people who receive a summons for underage drinking in Virginia assume they are dealing with a minor citation — the kind that results in a fine and nothing more. That assumption is incorrect, and acting on it can lead to lasting consequences that a person could have avoided.

Underage possession or consumption of alcohol in Virginia is a criminal charge, not a traffic infraction. A conviction creates a criminal record. This article explains what the charge is, what the potential penalties are, and why getting ahead of the process matters.

The Charge: Virginia Code § 4.1-305

Virginia Code § 4.1-305 makes it unlawful for any person under 21 years of age to purchase, possess, or consume any alcoholic beverages. The statute also prohibits minors from misrepresenting their age to obtain alcohol.

The offense is classified as a Class 1 misdemeanor. Under Virginia law, a Class 1 misdemeanor is the most serious class of misdemeanor, carrying a maximum penalty of:

• Up to 12 months in jail
• A fine of up to $2,500

This is the same classification as first-offense DUI and certain assault charges.

A common source of confusion: people sometimes assume that being in the presence of alcohol — or being at a party where alcohol is present — is not a violation unless the minor was actively drinking. The statute covers possession, which under Virginia caselaw can include constructive possession. Whether a particular set of facts constitutes possession is a legal question. The safest general statement is that proximity to alcohol, without more, is not always sufficient, but the analysis depends on the specific circumstances.

Who Does This Apply To?

The statute applies to anyone under the age of 21. This includes:

• Teenagers under 18, who are processed in Juvenile and Domestic Relations District Court (JDR Court) if charged as juveniles
• People who are 18, 19, or 20 — legal adults under most other laws — who are nevertheless below the legal drinking age

How a case is charged — whether as juvenile or adult — matters significantly for the long-term consequences. Juvenile cases involve stronger confidentiality protections and record-sealing possibilities. Cases involving individuals 18 and older are processed in the General District Court and result in adult criminal records if convicted.

Penalties and Consequences

Criminal Record

A conviction under § 4.1-305 results in a permanent criminal record as an adult (for those 18 and older). Virginia does not automatically expunge misdemeanor convictions, and a misdemeanor on a criminal record can affect employment background checks, housing applications, professional licensing, and college financial aid eligibility.

Fines and Costs

The mandatory minimum fine for a first conviction is modest under the statute, but actual court costs, fines, and any related fees can total several hundred dollars or more. Courts vary in what they impose. The judge has wide discretion within the statutory maximum.

Jail

Active jail time on a first offense under § 4.1-305 is uncommon but legally possible. The judge has authority to impose up to 12 months. In practice, first-time offenders rarely receive active incarceration unless there are aggravating circumstances.

License Consequences

A conviction under § 4.1-305 can result in suspension of the defendant’s Virginia driver’s license. The court has authority to impose a license suspension as part of sentencing. The DMV also tracks alcohol-related convictions, and a conviction may affect demerit points and insurance premiums.

Individuals whose licenses are suspended as a result of this conviction should confirm with the DMV and with their attorney what restrictions apply and whether any restricted driving privileges may be available.

Is There a First-Offender Option?

Virginia’s first-offender deferral statute, § 18.2-251, allows some drug possession cases to be deferred and ultimately dismissed. That statute, however, applies specifically to drug offenses and does not extend to underage drinking charges under § 4.1-305.

There is no automatic first-offender deferral available for underage possession of alcohol in the same way.

That said, courts have general sentencing discretion, and outcomes for first-time offenders with no prior record are often more favorable than the statutory maximum suggests. Some courts will consider the individual’s circumstances, whether they have completed any alcohol education voluntarily, and other factors at sentencing. These outcomes are not guaranteed, vary by jurisdiction and judge, and cannot be promised. They are one reason why understanding the local court’s practices — and appearing prepared — can make a difference.

We cannot predict or promise any particular outcome in your case.

Virginia Alcohol Safety Action Program (VASAP)

Under § 4.1-305, the court may refer a person convicted of underage drinking to the Virginia Alcohol Safety Action Program (VASAP), a state-supervised program that provides alcohol education and assessment. Referral to VASAP can be a condition of a suspended sentence or probation.

Voluntary enrollment in an alcohol education program before sentencing is sometimes viewed favorably by courts and is worth discussing with an attorney before your court date.

Juvenile Cases: Different Rules Apply

If the person charged was under 18 at the time of the offense, the case will typically be handled in the Juvenile and Domestic Relations District Court. Juvenile proceedings differ from adult criminal proceedings in several important ways:

• Juvenile records are generally confidential and not open to the public
• Records may be sealed when the juvenile reaches age 19, provided certain conditions are met under Va. Code § 16.1-309.1
• Dispositions emphasize rehabilitation and can include diversion, probation, and counseling rather than criminal conviction
• Parents are typically required to attend hearings

An underage drinking charge for a juvenile is not necessarily a minor matter, but the juvenile system offers more flexibility and stronger long-term protections than adult criminal court. Early involvement of an attorney — ideally before the first court date — can preserve options including diversion.

The Importance of Acting Before Your Court Date

A recurring theme in Virginia criminal matters is that options narrow as the court date approaches. Factors that can affect how a case proceeds — whether the court is willing to consider alternatives to conviction, whether VASAP referral is available, whether the facts of the stop or contact support any challenge to the charge — generally need to be evaluated and acted on before the day of the hearing, not in the courthouse hallway.

If you or a family member has received a summons for underage drinking in Montgomery County, Radford, Pulaski, or elsewhere in the New River Valley, speaking with an attorney before your court date is worthwhile.

---

This article is general information only and is not legal advice. Do not rely on this article to make decisions about your specific situation. Contact Valley Legal or another licensed Virginia attorney to discuss your case. Attorney advertising.

Valley Legal, PLLC is located at 107 Pepper St SE, Christiansburg, Virginia 24073, and serves clients throughout the New River Valley of Virginia, including Montgomery County, Blacksburg, Radford, Pulaski, and surrounding communities.