Non-DUI Alcohol Infractions in Virginia
Halloween is the first of a series of major fall/winter holidays. It’s also the beginning of drinking season, a time when alcohol consumption vastly increases. Drinking season usually lasts from Halloween until New Year’s Day. Many people drink more than they should to celebrate the holidays. Other people drink excessively to dampen the depressing effects of the holidays. In other words, when some people attend holiday parties, they get drunk because they’re having fun. Other people get drunk to forget they’re at the party in the first place.
Alcohol is a very tightly-regulated substance in Virginia. If you drink away from home, or you give or sell alcohol to someone who’s not a family member, you’re probably violating at least one provision of Virginia law. The penalties for these violations are still as well. Only a Leesburg criminal defense lawyer can successfully resolve these cases and reduce, or eliminate, the harsh direct, and indirect, consequences of an alcohol-related offense conviction.
PCA and Related Offenses
Public Consumption of Alcohol is a Class Four misdemeanor in Virginia that’s punishable by a fine of up to $250. Many restaurants have outdoor seating areas. PCA is only permissible in these areas if the restaurant or other establishment has a proper permit. Taking a sip on the stairs is always illegal, regardless of the license status.
PCA at a school is a Class Two misdemeanor that’s punishable by up to 6 months in jail and a fine up to $1,000. This law also applies to school functions, like football games. We should also mention that PCA is more like PPA (public possession of alcohol). Drinking is not an element of these two offenses.
PI (Public Intoxication) is a related offense. This Class Four misdemeanor charge could hold up in court if the defendant was a danger to herself or others. Routine tasks like walking across the street and opening a door meet this standard.
Driving Offenses
Va. Code §18.2-323.1 is the Commonwealth’s version of an open container law. This provision, which is a Class Four misdemeanor, prohibits drinking and driving. The enhanced version of this law is Va. Code §4.1-309.1. This Class One misdemeanor (maximum twelve months in jail and/or $2,500 fine) prohibits the possession or consumption of alcohol while operating a school bus and transporting children.
Police officers often detain these suspects based on a hunch, like erratic driving. A Leesburg criminal defense lawyer could successfully argue that such stops are profiling stops and get the matters thrown out of court.
Significantly, the car or bus need not be in motion for these charges to hold up in court. The state must only prove the defendant controlled the vehicle (had the keys and the vehicle was drivable).
Alcohol Offenses in Virginia Involving Interdicted Persons
“Interdicted” is a fancy lawyer word which means a Circuit Court has determined, after a hearing, that a person is a habitual drunkard. Interdicted persons in Virginia are prohibited from purchasing, consuming, or possessing alcohol. The following offenses are Class One misdemeanors in Loudoun County:
- Interdicted person possessing or attempting to possess alcohol,
- Interdicted person intoxicated in public,
- Buying alcohol for an interdicted person, and
- Giving or selling alcohol to an interdicted person.
In Virginia, underage people have the same status. Interdicted offenses could hold up in court even if the defendant didn’t know about the judgment. Likewise, underage sales are normally illegal even if the buyer had a very convincing fake ID.
Reach Out to a Savvy Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia.
Source:
alcohol.org/guides/booziest-holidays/
