Non-DUI Alcohol-Related Offenses in Virginia
Driving Under the Influence is the most common alcohol-related criminal offense in Virginia. According to some estimates, about half the probationers in the state were convicted of DUI. Virginia authorities have been even more aggressive in this area since coronavirus lockdowns ended. Drunk driving increased in 2020, and many law enforcement agencies still have a “take back the streets” mentality in this area.
Furthermore, many law enforcement agencies have mandatory DUI arrest policies. If officers detain drivers for DUI, they almost always make DUI arrests. Nevertheless, in a few cases, officers go to Plan B and press charges for other alcohol-related offenses. Officers may quit on DUI arrests, but a good Leesburg criminal defense lawyer always stands up for individual rights.
Public Consumption & Intoxication
Virginia is one of the only states in the Union with a public alcohol consumption law. Section 4.1‑308 prohibits drinking, offering a drink, or carrying alcohol openly in public. Usually, any outside area is a public place, even a front or back yard, except for a small designated space outside restaurants and bars (patio seating areas).
Public drinking or possession of alcohol in public is a Class 4 misdemeanor, punishable by up to a $250 fine.
These cases are almost ridiculously easy to prove. However, unless the defendant was egregiously drunk and disorderly to the point that s/he was a threat to public safety, pretrial diversion conditional dismissal is usually available in these matters.
Public intoxication is being visibly drunk in public (slurred speech, impaired coordination, etc.). This offense is also a Class 4 misdemeanor. Once again, Section 18.2-388 is not a “drunk and disorderly” law, because the statute contains no “disorderly” requirement.
To reduce the risk of PI becoming something more serious, the law authorizes “the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.”
Underage Offenses
Underage public possession or consumption of alcohol is a much more serious Class 1 misdemeanor (maximum twelve months in jail and/or a $2,500 fine). Other penalties include drivers’ license suspension and/or mandatory community service or education programs
Pretrial diversion may be available in these cases. However, because it’s a Class 1 misdemeanor, deferred disposition is a more likely outcome. Deferred disposition defendants who successfully complete probation have their conviction records erased.
Underage drivers who have a BAC above .02 could be charged with DUI. Usually, a Leesburg criminal defense lawyer must develop a defense before prosecutors offer deferred disposition in these matters. Possible DUI defenses include an illegal stop and an unreliable chemical test.
Alcohol in Vehicles (non‑DUI)
An open container in a vehicle or drinking alcohol while driving (Section 18.2‑323.1) is a Class 4 misdemeanor with up to $250 in fines, even if the driver isn’t impaired. Possessing or consuming alcohol while operating a school bus carrying children is a Class 1 misdemeanor.
Concealed Carry & Alcohol
A concealed handgun permit holder who is under the influence of alcohol (even without reaching legal DUI levels) is guilty of a Class 1 misdemeanor. A conviction triggers permit revocation and a five-year waiting period before applying for another permit. Consuming alcohol while concealed carrying in a licensed restaurant or bar is a Class 2 misdemeanor (up to 6 months in jail). Open carry allows drinking if not intoxicated, but concealed carry does not.
Work With a Tough-Minded Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.
Source:
static.prisonpolicy.org/scans/bjs/dwiocs.pdf
