Legal Question in Criminal Law in Virginia

Underage drinking

I was stopped with a friend at a checkpoint and charged with illegal possession of alcohol after admitting to having 2 drinks earlier. I am 18 years old; I was never given a breathalizor or sobriety test, and i wasn't read my rights before questioning(not sure if that matters). I would like to know what i could expect for punishment under Virginia law, considering it is my first offense and my record is clean. I would appreciat any answers you could give me.


Asked on 11/28/00, 5:03 pm

1 Answer from Attorneys
Joseph McGrath Joseph McGrath, Attorney at Law

Re: Underage drinking

If you have been charged with possession of alcohol under section 4.1-305 ( see your summons)

it is a class 1 misdomeanor. It carries a $500.00 fine or a minimum of 50 hours community service.

Your license will be suspended for six months, but a restircted license for work or school can be given. I question whether or not you can be convicted of possession with only your admission and no test(s)or other evicence. It usually takes more ie: empty beer can in your possession etc. Please note that its is an offense to operate a vehicle with a blood/breath content of .02 or more. You did not say if you were the driver.

Read more
Answered on 12/01/00, 4:40 pm


Related Questions & Answers

More Criminal Law questions and answers in Virginia