                                 CODE OF VIRGINIA

PURCHASING OR POSSESSING ALCOHOLIC BEVERAGES UNLAWFUL IN CERTAIN CASES; VENUE;
EXCEPTIONS; PENALTY; FORFEITURE; DEFERRED PROCEEDINGS; TREATMENT AND EDUCATION
PROGRAMS AND SERVICES (§ 4.1-305)

A. No person to whom an alcoholic beverage may not lawfully be sold under &#xA7;
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 &#xA7; 4.1-200; (ii) where possession of the alcoholic beverages by a person
less than 21 years of age is due to such person&#8217;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 &#xA7; 4.1-200.

B. 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&#8217;s license or other document issued under Chapter 3 (&#xA7;
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. 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 &#xA7;
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 &#xA7; 18.2-271.1 or when referred to a local community-based
probation services agency established pursuant to Article 9 (&#xA7; 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 (&#xA7; 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. Any alcoholic beverage purchased or possessed in violation of this section
shall be deemed contraband and forfeited to the Commonwealth in accordance with
&#xA7; 4.1-338.

E. 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 &#xA7; 4.1-304.

F. 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
(&#xA7; 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.
			Upon 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.
			When 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 (&#xA7; 16.1-278 et seq.) of Chapter 11 of Title 16.1.

HISTORY: Code 1950, § 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.