STUDENT LEGAL SERVICES INFORMATION

So You’ve Been Charged With Underage Possession of Alcohol

What is Underage Possession?

Under Virginia Code § 4.1-305, it is illegal for someone under the age of 21 to consume, purchase, or possess alcohol or to attempt to do so.

The police stopped me, but I didn’t have any alcohol on me.  Can I still be prosecuted?

Yes. Under the law, you can be prosecuted either where you purchased and consumed the alcohol, or anywhere you demonstrate intoxication. (Va. Code § 4.1-305).

What kinds of proof can they use?

The police can use any proof that shows that you were drinking. This includes a breathalyzer, a field sobriety test, observations of the officer, and any statements you made, unless the evidence was collected in violation of the law.

What are the consequences if I am found guilty?

Underage possession is a class 1 misdemeanor.  The minimum mandatory penalty is a $500 fine or 50 hours of community service. (Va. Code § 4.1-305). However, the punishments can extend as far as up to one year in jail and a fine of $2,500. (Va. Code § 18.2-11). A Virginia resident who is over 18 but under 21 will also have their driver’s license suspended for between six months and one year. (Va. Code § 4.1-305).  If the court orders this, you will be required to give up your license before you leave the courthouse.  Bring someone with you to drive you home. If you are a resident of another state, and that state is a signatory of the Driver License Compact, the conviction would be reported to your home state. (Va. Code § 46.2-483). Any similar punishment is up to your state in accordance with the laws enacted there.

Is there any way to avoid all of this?

Yes, if you can get first offender status. You are only eligible for first offender status if you have not been previously convicted of underage consumption, purchase, or possession in any state. First offender status is applied at the Judge’s discretion and comes with conditions. These conditions will almost always include participation in an alcohol or drug program. The Judge can also suspend your license entirely, or with certain allowances (such as to allow you to travel to and from work). If you complete all of the terms of the program, the court will dismiss the charge. However, if you violate any of the conditions of the program, you can be found guilty and all of the penalties then apply. (Va. Code § 4.1-305(f)).

This document was produced by Student Legal Services at the College of William & Mary. It was prepared by law students, and nothing in this document should be considered legal advice. Student Legal Services is located in room 166 of the Campus Center and provides legal information to the William & Mary community upon request. For more information call (757) 221-3304 or email legalservices@wm.edu.

Last updated September 2011