{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-305.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-305.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-305.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-305.html"}],"law_id":85034,"edition_id":1,"section_id":85034,"structure_id":14560,"section_number":"4.1-305","catch_line":"Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services","history":"Code 1950, \u00a7 4-62; 1970, c. 686; 1974, c. 460; 1979, c. 537; 1981, c. 24; 1982, c. 66; 1983, c. 608; 1985, c. 559; 1990, c. 771; 1993, c. 866; 1995, c. 374; 1996, cc. 626, 730; 2000, c. 325; 2002, c. 338; 2003, cc. 845, 849; 2004, cc. 322, 461; 2005, c. 895; 2006, c. 207; 2007, c. 133; 2009, cc. 248, 726, 813, 840; 2012, cc. 250, 260; 2020, cc. 1227, 1246.","full_text":"A\n\nNo person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304 shall consume, purchase or possess, or attempt to consume, purchase or possess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by a person less than 21 years of age is due to such person’s making a delivery of alcoholic beverages in pursuance of his employment or an order of his parent; or (iii) by any state, federal, or local law-enforcement officer or his agent when possession of an alcoholic beverage is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the alcohol was possessed or consumed, or in the county or city in which the person exhibits evidence of physical indicia of consumption of alcohol. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows that such consumption or possession was pursuant to subdivision 7 of § 4.1-200.B\n\nNo person under the age of 21 years shall use or attempt to use any (i) altered, fictitious, facsimile, or simulated license to operate a motor vehicle; (ii) altered, fictitious, facsimile, or simulated document, including but not limited to a birth certificate or student identification card; or (iii) motor vehicle driver’s license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, birth certificate, or student identification card of another person in order to establish a false identification or false age for himself to consume, purchase, or attempt to consume or purchase an alcoholic beverage.C\n\nAny person found guilty of a violation of this section is guilty of a Class 1 misdemeanor, and upon conviction (i) such person shall be ordered to pay a mandatory minimum fine of $500 or ordered to perform a mandatory minimum of 50 hours of community service as a condition of probation supervision and (ii) the license to operate a motor vehicle in the Commonwealth of any such person age 18 or older shall be suspended for a period of not less than six months and not more than one year; the license to operate a motor vehicle in the Commonwealth of any juvenile shall be handled in accordance with the provisions of § 16.1-278.9. The court, in its discretion and upon a demonstration of hardship, may authorize an adult convicted of a violation of this section the use of a restricted license to operate a motor vehicle in accordance with the provisions of subsection E of § 18.2-271.1 or when referred to a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1. During the period of license suspension, the court may require an adult who is issued a restricted license under the provisions of this subsection to be (a) monitored by an alcohol safety action program or (b) supervised by a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. The alcohol safety action program or local community-based probation services agency shall report to the court any violation of the terms of the restricted license, the required alcohol safety action program monitoring or local community-based probation services and any condition related thereto or any failure to remain alcohol-free during the suspension period.D\n\nAny alcoholic beverage purchased or possessed in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with § 4.1-338.E\n\nAny retail licensee who in good faith promptly notifies the Board or any state or local law-enforcement agency of a violation or suspected violation of this section shall be accorded immunity from an administrative penalty for a violation of § 4.1-304.F\n\nWhen any adult who has not previously been convicted of underaged consumption, purchase or possession of alcoholic beverages in Virginia or any other state or the United States is before the court, the court may, upon entry of a plea of guilty or not guilty, if the facts found by the court would justify a finding of guilt of a violation of subsection A, without entering a judgment of guilt and with the consent of the accused, defer further proceedings and place him on probation subject to appropriate conditions. Such conditions may include the imposition of the license suspension and restricted license provisions in subsection C. However, in all such deferred proceedings, the court shall require the accused to enter a treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. If the accused is placed on local community-based probation, the program or services shall be located in any of the judicial districts served by the local community-based probation services agency or in any judicial district ordered by the court when the placement is with an alcohol safety action program. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, (ii) certified by the Commission on VASAP, or (iii) by a program or services made available through a community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based probation services rather than the alcohol safety action program, the local community-based probation services agency shall be responsible for providing for services or referring the offender to education or treatment services as a condition of probation.\n\t\t\tUpon violation of a condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the conditions, the court shall discharge the person and dismiss the proceedings against him without an adjudication of guilt. A discharge and dismissal hereunder shall be treated as a conviction for the purpose of applying this section in any subsequent proceedings.\n\t\t\tWhen any juvenile is found to have committed a violation of subsection A, the disposition of the case shall be handled according to the provisions of Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.","order_by":null,"text":{"0":{"id":304788,"text":"No person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304 shall consume, purchase or possess, or attempt to consume, purchase or possess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by a person less than 21 years of age is due to such person’s making a delivery of alcoholic beverages in pursuance of his employment or an order of his parent; or (iii) by any state, federal, or local law-enforcement officer or his agent when possession of an alcoholic beverage is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the alcohol was possessed or consumed, or in the county or city in which the person exhibits evidence of physical indicia of consumption of alcohol. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows that such consumption or possession was pursuant to subdivision 7 of § 4.1-200.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":304789,"text":"No person under the age of 21 years shall use or attempt to use any (i) altered, fictitious, facsimile, or simulated license to operate a motor vehicle; (ii) altered, fictitious, facsimile, or simulated document, including but not limited to a birth certificate or student identification card; or (iii) motor vehicle driver’s license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, birth certificate, or student identification card of another person in order to establish a false identification or false age for himself to consume, purchase, or attempt to consume or purchase an alcoholic beverage.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":304790,"text":"Any person found guilty of a violation of this section is guilty of a Class 1 misdemeanor, and upon conviction (i) such person shall be ordered to pay a mandatory minimum fine of $500 or ordered to perform a mandatory minimum of 50 hours of community service as a condition of probation supervision and (ii) the license to operate a motor vehicle in the Commonwealth of any such person age 18 or older shall be suspended for a period of not less than six months and not more than one year; the license to operate a motor vehicle in the Commonwealth of any juvenile shall be handled in accordance with the provisions of § 16.1-278.9. The court, in its discretion and upon a demonstration of hardship, may authorize an adult convicted of a violation of this section the use of a restricted license to operate a motor vehicle in accordance with the provisions of subsection E of § 18.2-271.1 or when referred to a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1. During the period of license suspension, the court may require an adult who is issued a restricted license under the provisions of this subsection to be (a) monitored by an alcohol safety action program or (b) supervised by a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. The alcohol safety action program or local community-based probation services agency shall report to the court any violation of the terms of the restricted license, the required alcohol safety action program monitoring or local community-based probation services and any condition related thereto or any failure to remain alcohol-free during the suspension period.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":304791,"text":"Any alcoholic beverage purchased or possessed in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with § 4.1-338.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":304792,"text":"Any retail licensee who in good faith promptly notifies the Board or any state or local law-enforcement agency of a violation or suspected violation of this section shall be accorded immunity from an administrative penalty for a violation of § 4.1-304.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":304793,"text":"When any adult who has not previously been convicted of underaged consumption, purchase or possession of alcoholic beverages in Virginia or any other state or the United States is before the court, the court may, upon entry of a plea of guilty or not guilty, if the facts found by the court would justify a finding of guilt of a violation of subsection A, without entering a judgment of guilt and with the consent of the accused, defer further proceedings and place him on probation subject to appropriate conditions. Such conditions may include the imposition of the license suspension and restricted license provisions in subsection C. However, in all such deferred proceedings, the court shall require the accused to enter a treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. If the accused is placed on local community-based probation, the program or services shall be located in any of the judicial districts served by the local community-based probation services agency or in any judicial district ordered by the court when the placement is with an alcohol safety action program. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, (ii) certified by the Commission on VASAP, or (iii) by a program or services made available through a community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based probation services rather than the alcohol safety action program, the local community-based probation services agency shall be responsible for providing for services or referring the offender to education or treatment services as a condition of probation.\n\t\t\tUpon violation of a condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the conditions, the court shall discharge the person and dismiss the proceedings against him without an adjudication of guilt. A discharge and dismissal hereunder shall be treated as a conviction for the purpose of applying this section in any subsequent proceedings.\n\t\t\tWhen any juvenile is found to have committed a violation of subsection A, the disposition of the case shall be handled according to the provisions of Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14560,"edition_id":1,"name":"Prohibited Practices Generally","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14559,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":219025,"object_type":"structure","relational_id":14560,"identifier":"1","token":"4.1\/I\/3\/1","url":"\/4.1\/I\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14559,"edition_id":1,"name":"Prohibited Practices; Penalties; Procedural Matters","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":219023,"object_type":"structure","relational_id":14559,"identifier":"3","token":"4.1\/I\/3","url":"\/4.1\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13130,"edition_id":1,"name":"Alcoholic Beverage Control Act","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218571,"object_type":"structure","relational_id":13130,"identifier":"I","token":"4.1\/I","url":"\/4.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61827,"structure_id":14560,"section_number":"4.1-300","catch_line":"Illegal manufacture and bottling; penalty","url":"\/4.1-300\/","token":"4.1\/I\/3\/1\/4.1-300","metadata":false},{"id":65213,"structure_id":14560,"section_number":"4.1-301","catch_line":"Conspiracy to violate \u00a7 4.1-300; penalty","url":"\/4.1-301\/","token":"4.1\/I\/3\/1\/4.1-301","metadata":false},{"id":58548,"structure_id":14560,"section_number":"4.1-302","catch_line":"Illegal sale of alcoholic beverages in general; penalty","url":"\/4.1-302\/","token":"4.1\/I\/3\/1\/4.1-302","metadata":false},{"id":80298,"structure_id":14560,"section_number":"4.1-302.1","catch_line":"Use of alcohol vaporizing devices prohibited; penalty","url":"\/4.1-302.1\/","token":"4.1\/I\/3\/1\/4.1-302.1","metadata":false},{"id":75614,"structure_id":14560,"section_number":"4.1-302.2","catch_line":"Sale, purchase, use of powdered or crystalline alcohol prohibited; penalty","url":"\/4.1-302.2\/","token":"4.1\/I\/3\/1\/4.1-302.2","metadata":false},{"id":81992,"structure_id":14560,"section_number":"4.1-303","catch_line":"Purchase of alcoholic beverages from person not authorized to sell; penalty","url":"\/4.1-303\/","token":"4.1\/I\/3\/1\/4.1-303","metadata":false},{"id":84231,"structure_id":14560,"section_number":"4.1-304","catch_line":"Persons to whom alcoholic beverages may not be sold; proof of legal age; penalty","url":"\/4.1-304\/","token":"4.1\/I\/3\/1\/4.1-304","metadata":false},{"id":85034,"structure_id":14560,"section_number":"4.1-305","catch_line":"Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services","url":"\/4.1-305\/","token":"4.1\/I\/3\/1\/4.1-305","metadata":false},{"id":60183,"structure_id":14560,"section_number":"4.1-306","catch_line":"Purchasing alcoholic beverages for one to whom they may not be sold; penalty; forfeiture","url":"\/4.1-306\/","token":"4.1\/I\/3\/1\/4.1-306","metadata":false},{"id":73743,"structure_id":14560,"section_number":"4.1-307","catch_line":"Persons by whom alcoholic beverages may not be sold or served for on-premises consumption; penalty","url":"\/4.1-307\/","token":"4.1\/I\/3\/1\/4.1-307","metadata":false},{"id":80597,"structure_id":14560,"section_number":"4.1-308","catch_line":"Drinking alcoholic beverages, or offering to another, in public place; penalty; exceptions","url":"\/4.1-308\/","token":"4.1\/I\/3\/1\/4.1-308","metadata":false},{"id":76473,"structure_id":14560,"section_number":"4.1-309","catch_line":"Drinking or possessing alcoholic beverages in or on public school grounds; penalty","url":"\/4.1-309\/","token":"4.1\/I\/3\/1\/4.1-309","metadata":false},{"id":76195,"structure_id":14560,"section_number":"4.1-309.1","catch_line":"Possessing or consuming alcoholic beverage while operating a school bus; penalty","url":"\/4.1-309.1\/","token":"4.1\/I\/3\/1\/4.1-309.1","metadata":false},{"id":75726,"structure_id":14560,"section_number":"4.1-310","catch_line":"Repealed","url":"\/4.1-310\/","token":"4.1\/I\/3\/1\/4.1-310","metadata":false},{"id":58125,"structure_id":14560,"section_number":"4.1-310.1","catch_line":"Delivery of wine or beer to retail licensee","url":"\/4.1-310.1\/","token":"4.1\/I\/3\/1\/4.1-310.1","metadata":false},{"id":56029,"structure_id":14560,"section_number":"4.1-311","catch_line":"Limitations on transporting lawfully purchased alcoholic beverages; penalty","url":"\/4.1-311\/","token":"4.1\/I\/3\/1\/4.1-311","metadata":false},{"id":58750,"structure_id":14560,"section_number":"4.1-312","catch_line":"Limitation on carrying alcoholic beverages in motor vehicle transporting passengers for hire; penalty","url":"\/4.1-312\/","token":"4.1\/I\/3\/1\/4.1-312","metadata":false},{"id":78527,"structure_id":14560,"section_number":"4.1-313","catch_line":"Possessing, transporting, etc., alcoholic beverages illegally acquired; penalty","url":"\/4.1-313\/","token":"4.1\/I\/3\/1\/4.1-313","metadata":false},{"id":57876,"structure_id":14560,"section_number":"4.1-314","catch_line":"Keeping, possessing, or storing still or distilling apparatus without a permit; penalty","url":"\/4.1-314\/","token":"4.1\/I\/3\/1\/4.1-314","metadata":false},{"id":79137,"structure_id":14560,"section_number":"4.1-315","catch_line":"Possession without license to sell alcoholic beverages upon premises of restaurant; exceptions; penalty","url":"\/4.1-315\/","token":"4.1\/I\/3\/1\/4.1-315","metadata":false},{"id":57688,"structure_id":14560,"section_number":"4.1-316","catch_line":"Keeping or drinking alcoholic beverages upon premises of club; 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penalty","url":"\/4.1-322\/","token":"4.1\/I\/3\/1\/4.1-322","metadata":false},{"id":57316,"structure_id":14560,"section_number":"4.1-323","catch_line":"Attempts; aiding or abetting; penalty","url":"\/4.1-323\/","token":"4.1\/I\/3\/1\/4.1-323","metadata":false}],"previous_section":{"id":84231,"structure_id":14560,"section_number":"4.1-304","catch_line":"Persons to whom alcoholic beverages may not be sold; proof of legal age; penalty","url":"\/4.1-304\/","token":"4.1\/I\/3\/1\/4.1-304","metadata":false},"next_section":{"id":60183,"structure_id":14560,"section_number":"4.1-306","catch_line":"Purchasing alcoholic beverages for one to whom they may not be sold; penalty; forfeiture","url":"\/4.1-306\/","token":"4.1\/I\/3\/1\/4.1-306","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-305\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 21 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 686; in 1974, chapter 460; in 1979, chapter 537; in 1981, chapter 24; in 1982, chapter 66; in 1983, chapter 608; in 1985, chapter 559; in 1990, chapter 771; in 1993, chapter 866; in 1995, chapter 374<\/a>; in 1996, chapters 626<\/a> and 730<\/a>; in 2000, chapter 325<\/a>; in 2002, chapter 338<\/a>; in 2003, chapters 845<\/a> and 849<\/a>; in 2004, chapters 322<\/a> and 461<\/a>; in 2005, chapter 895<\/a>; in 2006, chapter 207<\/a>; in 2007, chapter 133<\/a>; in 2009, chapters 248<\/a>, 726<\/a>, 813<\/a>, and 840<\/a>; in 2012, chapters 250<\/a> and 260<\/a>; in 2020, chapters 1227<\/a> and 1246<\/a>.<\/p>","references":[{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":74546,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","order_by":null,"url":"\/16.1-278.9\/"},{"id":68913,"section_number":"16.1-69.48:1","catch_line":"Fixed fee for misdemeanors, traffic infractions and other violations in district court; additional fees to be added","order_by":null,"url":"\/16.1-69.48_1\/"},{"id":87137,"section_number":"17.1-275.2","catch_line":"Fixed fee for felony reduced to misdemeanor","order_by":null,"url":"\/17.1-275.2\/"},{"id":78190,"section_number":"17.1-275.7","catch_line":"Fixed misdemeanor fee","order_by":null,"url":"\/17.1-275.7\/"},{"id":71520,"section_number":"18.2-251.03","catch_line":"Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence","order_by":null,"url":"\/18.2-251.03\/"},{"id":63262,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","order_by":null,"url":"\/19.2-303.4\/"},{"id":76488,"section_number":"19.2-392.12:1","catch_line":"(Effective July 1, 2026) Sealing of charges and convictions related to automatic sealing; petition","order_by":null,"url":"\/19.2-392.12_1\/"}],"refers_to":[{"id":61839,"section_number":"16.1-278","catch_line":"Cooperation of certain agencies, officials, institutions and associations","order_by":null,"url":"\/16.1-278\/"},{"id":74546,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","order_by":null,"url":"\/16.1-278.9\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":78528,"section_number":"4.1-200","catch_line":"Exemptions from licensure","order_by":null,"url":"\/4.1-200\/"},{"id":84231,"section_number":"4.1-304","catch_line":"Persons to whom alcoholic beverages may not be sold; proof of legal age; penalty","order_by":null,"url":"\/4.1-304\/"},{"id":61610,"section_number":"46.2-300","catch_line":"Driving without license prohibited; penalties","order_by":null,"url":"\/46.2-300\/"},{"id":55140,"section_number":"9.1-173","catch_line":"Purpose","order_by":null,"url":"\/9.1-173\/"}],"permalink":{"id":219055,"object_type":"law","relational_id":85034,"identifier":"4.1-305","token":"4.1\/I\/3\/1\/4.1-305","url":"\/4.1-305\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-305\/","token":"4.1\/I\/3\/1\/4.1-305","dublin_core":{"Title":"Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-305","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304<\/a> shall consume, purchase or possess, or attempt to consume, purchase or possess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200<\/a>; (ii) where possession<\/span> of the alcoholic beverages<\/span> by a person less than 21 years of age is due to such person’s making a delivery of alcoholic beverages<\/span> in pursuance of his employment or an order<\/span> of his parent; or (iii) by any state, federal, or local law<\/span>-enforcement officer or his agent when possession<\/span> of an alcoholic beverage is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the alcohol<\/span> was possessed or consumed, or in the county or city in which the person exhibits evidence<\/span> of physical indicia of consumption of alcohol<\/span>. It shall be an affirmative defense<\/span> to a charge of a violation of this subsection if the defendant<\/span> shows that such consumption or possession<\/span> was pursuant to subdivision 7 of § 4.1-200<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No person under the age of 21 years shall use or attempt to use any (i) altered, fictitious, facsimile, or simulated license to operate a motor vehicle; (ii) altered, fictitious, facsimile, or simulated document, including but not limited to a birth certificate or student identification card; or (iii) motor vehicle driver’s license or other document issued under Chapter 3 (§ 46.2-300<\/a> et seq.) of Title 46.2 or the comparable law<\/span> of another jurisdiction<\/span>, birth certificate, or student identification card of another person in order<\/span> to establish a false identification or false age for himself to consume, purchase, or attempt to consume or purchase an alcoholic beverage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person found guilty of a violation of this section is guilty of a Class 1 misdemeanor<\/span>, and upon conviction<\/span> (i) such person shall be ordered to pay a mandatory minimum fine of $500 or ordered to perform a mandatory minimum of 50 hours of community service<\/span> as a condition of probation<\/span> supervision and (ii) the license to operate a motor vehicle in the Commonwealth of any such person age 18 or older shall be suspended for a period of not less than six months and not more than one year; the license to operate a motor vehicle in the Commonwealth of any juvenile shall be handled in accordance with the provisions of § 16.1-278.9<\/a>. The court<\/span>, in its discretion and upon a demonstration of hardship, may authorize an adult convicted of a violation of this section the use of a restricted license to operate a motor vehicle in accordance with the provisions of subsection E of § 18.2-271.1<\/a> or when referred to a local community-based probation<\/span> services agency established pursuant to Article 9 (§ 9.1-173<\/a> et seq.) of Chapter 1 of Title 9.1. During the period of license suspension, the court<\/span> may require an adult who is issued a restricted license under the provisions of this subsection to be (a) monitored by an alcohol<\/span> safety action program or (b) supervised by a local community-based probation<\/span> services agency established pursuant to Article 9 (§ 9.1-173<\/a> et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. The alcohol<\/span> safety action program or local community-based probation<\/span> services agency shall report to the court<\/span> any violation of the terms of the restricted license, the required alcohol<\/span> safety action program monitoring or local community-based probation<\/span> services and any condition related thereto or any failure to remain alcohol<\/span>-free during the suspension period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any alcoholic beverage purchased or possessed in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with § 4.1-338<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any retail licensee<\/span> who in good faith promptly notifies the Board<\/span> or any state or local law<\/span>-enforcement agency of a violation or suspected violation of this section shall be accorded immunity from an administrative penalty<\/span> for a violation of § 4.1-304<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> When any adult who has not previously been convicted of underaged consumption, purchase or possession<\/span> of alcoholic beverages<\/span> in Virginia or any other state or the United States is before the court<\/span>, the court<\/span> may, upon entry of a plea<\/span> of guilty or not guilty, if the facts<\/span> found by the court<\/span> would justify a finding<\/span> of guilt of a violation of subsection A, without entering a judgment<\/span> of guilt and with the consent of the accused<\/span>, defer further proceedings and place him on probation<\/span> subject to appropriate conditions. Such conditions may include the imposition of the license suspension and restricted license provisions in subsection C. However, in all such deferred proceedings, the court<\/span> shall require the accused<\/span> to enter a treatment or education program or both, if available, that in the opinion<\/span> of the court<\/span> best suits the needs of the accused<\/span>. If the accused<\/span> is placed on local community-based probation<\/span>, the program or services shall be located in any of the judicial districts served by the local community-based probation<\/span> services agency or in any judicial district ordered by the court<\/span> when the placement is with an alcohol<\/span> safety action program. The services shall be provided by (i) a program licensed<\/span> by the Department of Behavioral Health and Developmental Services, (ii) certified by the Commission on VASAP, or (iii) by a program or services made available through a community-based probation<\/span> services agency established pursuant to Article 9 (§ 9.1-173<\/a> et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based probation<\/span> services rather than the alcohol<\/span> safety action program, the local community-based probation<\/span> services agency shall be responsible for providing for services or referring the offender to education or treatment services as a condition of probation<\/span>.\n\t\t\tUpon violation of a condition, the court<\/span> may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the conditions, the court<\/span> shall discharge the person and dismiss the proceedings against him without an adjudication of guilt. A discharge and dismissal<\/span> hereunder shall be treated as a conviction<\/span> for the purpose of applying this section in any subsequent proceedings.\n\t\t\tWhen any juvenile is found to have committed a violation of subsection A, the disposition<\/span> of the case shall be handled according to the provisions of Article 9 (§ 16.1-278<\/a> et seq.) of Chapter 11 of Title 16.1. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPURCHASING OR POSSESSING ALCOHOLIC BEVERAGES UNLAWFUL IN CERTAIN CASES; VENUE;\nEXCEPTIONS; PENALTY; FORFEITURE; DEFERRED PROCEEDINGS; TREATMENT AND EDUCATION\nPROGRAMS AND SERVICES (\u00a7 4.1-305)\n\nA. No person to whom an alcoholic beverage may not lawfully be sold under §\n4.1-304 shall consume, purchase or possess, or attempt to consume, purchase or\npossess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7\nof § 4.1-200; (ii) where possession of the alcoholic beverages by a person\nless than 21 years of age is due to such person’s making a delivery of\nalcoholic beverages in pursuance of his employment or an order of his parent; or\n(iii) by any state, federal, or local law-enforcement officer or his agent when\npossession of an alcoholic beverage is necessary in the performance of his\nduties. Such person may be prosecuted either in the county or city in which the\nalcohol was possessed or consumed, or in the county or city in which the person\nexhibits evidence of physical indicia of consumption of alcohol. It shall be an\naffirmative defense to a charge of a violation of this subsection if the\ndefendant shows that such consumption or possession was pursuant to subdivision\n7 of § 4.1-200.\n\nB. No person under the age of 21 years shall use or attempt to use any (i)\naltered, fictitious, facsimile, or simulated license to operate a motor vehicle;\n(ii) altered, fictitious, facsimile, or simulated document, including but not\nlimited to a birth certificate or student identification card; or (iii) motor\nvehicle driver’s license or other document issued under Chapter 3 (§\n46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction,\nbirth certificate, or student identification card of another person in order to\nestablish a false identification or false age for himself to consume, purchase,\nor attempt to consume or purchase an alcoholic beverage.\n\nC. Any person found guilty of a violation of this section is guilty of a Class 1\nmisdemeanor, and upon conviction (i) such person shall be ordered to pay a\nmandatory minimum fine of $500 or ordered to perform a mandatory minimum of 50\nhours of community service as a condition of probation supervision and (ii) the\nlicense to operate a motor vehicle in the Commonwealth of any such person age 18\nor older shall be suspended for a period of not less than six months and not\nmore than one year; the license to operate a motor vehicle in the Commonwealth\nof any juvenile shall be handled in accordance with the provisions of §\n16.1-278.9. The court, in its discretion and upon a demonstration of hardship,\nmay authorize an adult convicted of a violation of this section the use of a\nrestricted license to operate a motor vehicle in accordance with the provisions\nof subsection E of § 18.2-271.1 or when referred to a local community-based\nprobation services agency established pursuant to Article 9 (§ 9.1-173 et\nseq.) of Chapter 1 of Title 9.1. During the period of license suspension, the\ncourt may require an adult who is issued a restricted license under the\nprovisions of this subsection to be (a) monitored by an alcohol safety action\nprogram or (b) supervised by a local community-based probation services agency\nestablished pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title\n9.1, if one has been established for the locality. The alcohol safety action\nprogram or local community-based probation services agency shall report to the\ncourt any violation of the terms of the restricted license, the required alcohol\nsafety action program monitoring or local community-based probation services and\nany condition related thereto or any failure to remain alcohol-free during the\nsuspension period.\n\nD. Any alcoholic beverage purchased or possessed in violation of this section\nshall be deemed contraband and forfeited to the Commonwealth in accordance with\n§ 4.1-338.\n\nE. Any retail licensee who in good faith promptly notifies the Board or any\nstate or local law-enforcement agency of a violation or suspected violation of\nthis section shall be accorded immunity from an administrative penalty for a\nviolation of § 4.1-304.\n\nF. When any adult who has not previously been convicted of underaged\nconsumption, purchase or possession of alcoholic beverages in Virginia or any\nother state or the United States is before the court, the court may, upon entry\nof a plea of guilty or not guilty, if the facts found by the court would justify\na finding of guilt of a violation of subsection A, without entering a judgment\nof guilt and with the consent of the accused, defer further proceedings and\nplace him on probation subject to appropriate conditions. Such conditions may\ninclude the imposition of the license suspension and restricted license\nprovisions in subsection C. However, in all such deferred proceedings, the court\nshall require the accused to enter a treatment or education program or both, if\navailable, that in the opinion of the court best suits the needs of the accused.\nIf the accused is placed on local community-based probation, the program or\nservices shall be located in any of the judicial districts served by the local\ncommunity-based probation services agency or in any judicial district ordered by\nthe court when the placement is with an alcohol safety action program. The\nservices shall be provided by (i) a program licensed by the Department of\nBehavioral Health and Developmental Services, (ii) certified by the Commission\non VASAP, or (iii) by a program or services made available through a\ncommunity-based probation services agency established pursuant to Article 9\n(§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established\nfor the locality. When an offender is ordered to a local community-based\nprobation services rather than the alcohol safety action program, the local\ncommunity-based probation services agency shall be responsible for providing for\nservices or referring the offender to education or treatment services as a\ncondition of probation.\n\t\t\tUpon violation of a condition, the court may enter an adjudication of guilt\nand proceed as otherwise provided. Upon fulfillment of the conditions, the court\nshall discharge the person and dismiss the proceedings against him without an\nadjudication of guilt. A discharge and dismissal hereunder shall be treated as a\nconviction for the purpose of applying this section in any subsequent\nproceedings.\n\t\t\tWhen any juvenile is found to have committed a violation of subsection A, the\ndisposition of the case shall be handled according to the provisions of Article\n9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1.\n\nHISTORY: Code 1950, \u00a7 4-62; 1970, c. 686; 1974, c. 460; 1979, c. 537; 1981, c.\n24; 1982, c. 66; 1983, c. 608; 1985, c. 559; 1990, c. 771; 1993, c. 866; 1995,\nc. 374; 1996, cc. 626, 730; 2000, c. 325; 2002, c. 338; 2003, cc. 845, 849;\n2004, cc. 322, 461; 2005, c. 895; 2006, c. 207; 2007, c. 133; 2009, cc. 248,\n726, 813, 840; 2012, cc. 250, 260; 2020, cc. 1227, 1246.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}