Underage Possession of Alcohol Virginia Lawyer
Underage Possession of Alcohol in Virginia is not taken lightly, and in some cases can lead to a jail sentence. The Code of Virginia criminalizes the possession, purchase, or consumption of any alcoholic beverage such as liquor, wine, and beer by those under the age of 21. In fact, underage possession of alcohol is a Class 1 misdemeanor criminal offense, the same type of criminal misdemeanor as a DUI. Contact an experienced Underage Possession of Alcohol Lawyer today for a free consultation.
A conviction for underage possession of alcohol is punishable as follows:
- Maximum 12 months in jail
- Maximum $2,500 fine
- 50 hours of community service
- Alcohol Education and/or Treatment
- Random Testing
- Loss of driving privileges
- Permanent criminal record
Experienced Trial Lawyers Successfully Defend Illegal Alcohol Allegations
In the Commonwealth of Virginia, it is illegal for a person under the age of 21 to possess, consume, or purchase or attempt to consume, purchase or possess alcohol pursuant to Virginia Code Section 4.1-305. A person believed to have violated the section 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. The Commonwealth Attorney must prove your age and consumption or possession of alcohol beyond a reasonable doubt. Sometimes possession is considered what the law deems construction possession. Any statements you made about your age and your drinking can be used against you to prove the case. Additionally, police officers may ask you to blow into a preliminary breath test when you encounter them. It is also important to understand that you have the right to refuse to answer any questions and to refuse any preliminary breath testing. It is important to emphasis that the police do not need to actually recover alcohol for the prosecution to prove a violation of this statute. Virginia law clearly criminalizes recent consumption as a violation of the law, thus if you admitted to the police officer you consumed alcohol and the officer testifies that you had signs of recent alcohol consumption such as slurred speech, an odor of alcohol, among other evidence, then that can be sufficient evidence to prove a violation.
An Arrest or Summons For Illegal Alcohol is NOT a Conviction
Riley & Wells Attorneys-At-Law can help you understand the allegation you are facing, the possible defenses of your case, and the consequences of a conviction. We examine the facts and circumstances surrounding your arrest, whether the police violated the Fourth Amendment, whether the police had a reasonable suspicion to stop you, whether any warrant was supported by probable cause, and whether any other violations may have tainted the seizure of evidence the prosecution will attempt to use against you at trial. In many cases, you can prevail on a number of defense objections or motions, even if you think you are guilty.
In some cases, the best option may be to plea your case with the Court and/or the prosecutor depending on the strength of the Commonwealth’s case and the unique circumstances of the needs of the client. We can often convince the prosecution and the Court to dismiss the allegation upon completion of community service, an alcohol evaluation and abstaining from consuming alcohol while on probation. The best way to protect yourself is to seek the assistance of an accomplished Underage Possession of Alcohol Defense Lawyer. Do not give up hope and protect your rights by contacting us today for a free no obligation initial consultation.
Richmond Underage Alcohol Possession/Fake ID DISMISSED
Our Underage Possession of Alcohol Attorneys represented a University of Richmond student who was arrested for underage possession of alcohol and possession of False Identification by an undercover ABC Special Agent. Both offenses are criminal misdemeanors and are punishable by a term of incarceration, loss of driving privileges and a significant fine. The client and parents were very concerned about this incident.
The arrest took place at a downtown Richmond VA local nightclub popular with many college students. The client’s main concern was to not have a permanent criminal record. Our attorneys gathered all of the necessary information regarding the arrest and conducted the necessary legal research as it applied to our client’s case so that we would be prepared for trial. Based on the facts of our client’s case, our arguments and our representation, we were able to favorably resolve both misdemeanor allegations with no jail sentence, no loss of driving privileges, and perhaps most importantly, no permanent criminal record.
Contact Us today for an evaluation of YOUR case!