Virginia Underage Possession of Alcohol College & University Student Guide

How to protect your future, avoid jailtime, massive fines, and losing your license


Fighting for Your Future

As a underage drinking defense lawyer, I represent students from The University of Richmond, The Virginia Commonwealth University, Virginia State University and other universities. Many of my clients and their parents are surprised by the penalties associated with various underage drinking crimes. Some convictions can include up to a year in jail and $2,500 in fines, not to mention the possibility of being kicked out of school and ruining great opportunities for the future. In this economy employers are much more selective about who they hire. A criminal conviction now, even for a misdemeanor, can have unfortunate ramifications later.

§ 4.1-305 C. Penalties for Underage Possession of Alcohol

Underage Possession of Alcohol is a Class 1 Misdemeanor
Underage possession of alcohol is classified as a CLASS 1 CRIMINAL MISDEMEANOR. In Virginia, this is the most serious misdemeanor charge and it carries the potential for:

  • jail time up to one year
  • fine up to $2500
  • permanent criminal record if convicted

Additional Penalties

In addition to the possible consequences above, Underage Possession of Alcohol also requires the following:

Mandatory fine of $500, up to $2500 or 50 hours of community service
Mandatory license suspension of 6 months to 1 year if convicted

Secondary Consequences for Underage Possession of Alcohol

In addition to the penalties a court may impose, each college and university will have their own penalties for underage possession of alcohol:

  • University of Richmond Drug and Alcohol Policy
  • VCU Alcohol and Drug Policy
  • Randolph Macon Policy
  • J. Sargeant Reynolds Policy
  • CNU Alcohol Policy

Keep in mind that most of these schools impose their own penalties above and beyond what the law requires. In addition, athletes at these schools often face a higher standard and may have another level of conduct they are required to adhere to.

The consequences of underage possession of alcohol can be far reaching.

We Frequently Represent College Students Charged with Underage Possession of Alcohol from the Following Colleges and Universities:

  • University of Richmond
  • VCU
  • Liberty University
  • University of Virginia
  • Christopher Newport University
  • Randolph Macon University
  • J. Sargeant Reynolds
  • John Tyler Community College
  • College of William and Mary

Other Common Alcohol Charges

In addition to Underage Possession of Alcohol, there are some other common charges that come up:

Purchasing alcohol for someone who is not allowed to: § 4.1-306 Class 1 misdemeanor
You are not allowed to buy alcohol for someone who cannot legally purchase it.

Public intoxication
Public can mean a private residence if the intoxication is within view of the public

Selling alcohol to someone not allowed to purchase it

Using a fake ID or using someone else’s real ID to purchase or attempt to purchase alcohol

We Can Help Get the Case Dismissed

At Leavitt & Martin, we are:

We frequently represent college students on alcohol charges and usually can get the charges dismissed. Call today for a free consultation.

At Leavitt & Martin, PLLC, we serve college students and their parents in underage drinking crime defense against charges that include:

  • Underage in possession of alcohol: It is illegal for an underage person to consume alcohol, but it is also illegal even to possess alcohol.
  • Possession of fake identification: Possession of the fake IDs used by underage people to purchase alcohol are also illegal.
  • Public drunkenness and related crimes: College is a time when a lot of young people make some bad decisions, many of them involving alcohol. It is not uncommon for underage drinkers to face charges for behaving poorly.
  • Underage driving under the influence (underage DUI): Driving under the influence of alcohol is illegal regardless of the driver’s age, but being underage can add complications and perhaps increase charges.
  • Selling alcohol to a minor: I represent clients who have been charged with selling alcohol to a minor — some who have been charged personally as well as store clerks facing these charges.
  • Disorderly conduct: I represent clients who may have had too much to drink and acted out of character.

Experienced Underage Possession of Alcohol Lawyer Practicing in the Greater Richmond Area

I have criminal defense experience in many different courts in the Richmond Area. Contact me today if you or a loved one have a pending alcohol related charge in:

  • Amelia County
  • Brunswick County
  • Chesterfield County
  • City of Colonial Heights
  • Dinwiddie County
  • City of Emporia
  • Greensville County
  • Hanover County
  • Henrico County
  • City of Hopewell
  • Mecklenburg County
  • New Kent County
  • City of Petersburg
  • Powhatan County
  • Prince George County
  • City of Richmond
  • Surry County
  • Sussex County
  • City of Waverly

Defense Against Underage Possession of Alcohol in Virginia and Other Charges

I understand the severity of the charges you or your child is facing. I will do everything I can to help minimize the damage of these charges.

I offer free initial consultations for prospective clients in Virginia. This way, if you or a college-aged child is facing Possession of Alcohol charges or other criminal charges, you can talk to an attorney without obligation and learn about your rights and options. Call 804-873-4004 or contact me online to schedule a free initial consultation with a lawyer.

Virginia Possession of Alcohol Lawyer Practicing In:

Contact Us

Contact Leavitt & Martin, PLLC. • Free Initial Consultations

Our office hours are 9 a.m. to 5 p.m., Monday through Friday, but you can call anytime, 24 hours a day, and we can often make weekend and evening appointments available.



116-B Walton Park Ln.
Midlothian, VA 23114


312 South Main Street
Emporia, Virginia 23847

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