Virginia Alcohol Related Laws and Regulations

Where to Buy Alcohol
While beer and wine are readily available in grocery and convenience stores, spirits are sold in state-owned package stores. Many state stores are closed Sundays and can sell alcohol from 6 a.m. to midnight, although local ordinances prevail. Bars and on-premise establishments can serve alcohol from 6 a.m. to 2 a.m.

Legal Age for Drinking/Serving Alcohol
At 16 years old, a person can work in a liquor store and transport alcohol, but a person must be 18 to serve alcohol in a restaurant. At 21, a person can legally drink alcohol.

Open Container Laws
As long as the driver is not drinking or impaired, it is legal for the passengers in a vehicle to drink alcohol.

BAC Limits
If a person tests (breath, blood, or urine) with a BAC (blood-alcohol content) of .08 or higher, they are considered ‘per se intoxicated’ and can be arrested and convicted of DUI (driving under the influence) without further evidence.

If a driver has a BAC of .20 percent higher than the legal maximum limit of .08 percent, the courts may give them a more severe punishment.

‘Zero tolerance laws’ attempt to deter underage drivers from drinking. If a driver under the legal age of 21 tests with a BAC level of .02 percent or higher, they face DUI penalties.

Penalties
If a driver does not comply with an officer’s request to submit to a breath, blood, or urine test to determine their level of intoxication when they are suspected of being under the influence, they can face penalties due to ‘implied consent laws.’ Their refusal can result in the mandatory suspension of their driver’s license for up to one year.

When a driver is convicted of DUI, the DMV (Department of Motor Vehicles) can suspend a driver’s license for one year for the first offense, and three years for the second and third convictions.

Repeat offenders may face vehicle confiscation for a DUI conviction at their expense.

The installation of an ignition interlock device in a DUI offender’s vehicle is an expensive penalty option in Virginia. Education, treatment, or assessment or alcohol abuse may also be a requirement.

After the third conviction, DUI is considered a felony.