State and Local Alcohol Laws

2025-2026

Home Campus Life Health and Wellness Health Library Alcohol and Other Drugs State and Local Alcohol Laws

The minimum legal age for the PURCHASE, POSSESSION, and CONSUMPTION of alcoholic beverages is 21 years of age

Law	Penalties
TOBACCO – No one under the age of 21 may purchase, use, possess any tobacco, nicotine vapor, alternative nicotine, hemp intended for smoking, or alternative tobacco product (including Juuls). Sale, distribution, purchase or knowingly permit the purchase to persons under the age of 21.	1st violation –$500 fine; 2nd and subsequent violation $2,500 fine. _{VA Code § 18.2-371.2}
MIP - Minor in Possession Underage Consumption or Possession alcohol beverages	Class 1 Misdemeanor - Mandatory loss of driver’s license for 6 months (up to 1 year) AND mandatory minimum $500 fine or 50 hours community service._{VA Code § 4.1-305}
Drinking while Driving (Open Container Law)	Class 4 Misdemeanor - Fine not to exceed $250. _{VA Code § 18.2-323.1; § 18.2-11 (punishment)}
Underage Drinking and Driving Persons under 21 with a BAC of .02 or more; requires no signs of impaired driving.	Class 1 Misdemeanor - Suspension of driver’s license for 1 year AND either a $500 mandatory minimum fine or performance of a mandatory minimum of 50 hours of community service. Attend VASAP educational program. _{VA Code § 18.2-266.1}
Driving while Intoxicated .08 presumes intoxication but can be convicted on a lower BAC. Also includes specified levels of certain drugs, including marijuana.	Class 1 Misdemeanor - Fine not to exceed $2,500 (mandatory minimum of $250) and/or jail for 12 months, plus loss of driver’s license for 1 year. Ignition interlock system may be required for restricted license after the 1st offense and is mandatory after the 2nd offense. Attend VASAP educational program. _{VA Code § 18.2-270; § 18.2-271 (forfeiture of driver’s license); § 18.2-270.1 (ignition interlock system); § 18.2-11 (misdemeanor punishment)}
Drinking and Driving: BAC is .15 - .20	Mandatory jail time of 5 days plus above fines and penalties. Ignition interlock system required for restricted license. _{VA Code § 18.2-270; § 18.2-270.1 (ignition interlock system)}
Drinking and Driving: BAC is over .20	Mandatory jail time of 10 days plus above fines and penalties. Ignition interlock system required for restricted license._{VA Code § 18.2-270; § 18.2-270.1 (ignition interlock system)}
Driving on a restricted license with BAC of .02 or more	Misdemeanor - Fine not to exceed $2,500 and/or jail time for 12 months, plus loss of driver’s license for 1-3 years. _{VA Code § 18.2-272}
Drinking and Driving with a passenger 17 years or younger	Misdemeanor – Additional fines of $500-$1,000. Mandatory minimum 5 days in jail, beyond penalties for DUI._{VA Code § 18.2-270}
Implied Consent for BAC Breath Test---Unreasonable refusal to take a BAC breath test	Loss of driver’s license for 12 months. _{VA Code § 18.2-268.3}
Use of Fake ID to purchase alcoholic beverages The Executive Committee has found the use of a fake ID constitutes a violation of the Honor System.	Class 1 Misdemeanor - Mandatory loss of license for 6 months (up to 1 year) AND $500 mandatory minimum fine or 50 hours community service. Anyone who possesses a Fake ID can get up to 6 months in prison and/or a fine up to $1000. _{VA Code § 4.1-305 & § 18.2-204.2}
DIP – Drunk/Drinking in Public (Note: A public place includes any sidewalk adjoining a public street)	Class 4 Misdemeanor - Fine not to exceed $250. _{VA Code § 4.1-308; § 18.2-11 (misdemeanor punishments)}
Purchase of alcoholic beverages for intoxicated individuals OR purchasing, giving, providing or assisting in providing alcohol to person under age 21	Class 1 Misdemeanor - Fine not to exceed $2,500 and/or jail up to 12 months AND mandatory license suspension for up to 1 year. Anyone who sells alcohol to a minor without knowledge, but also without checking their ID - a fine up to $500 (Class 3 Misdemeanor). _{VA Code § 4.1-304 & § 4.1-306; § 18.2-11 (misdemeanor punishment)}
City of Lexington Noise Ordinance (11pm-7am) If heard from 50 ft. of premise	1st visit by police - written warning (1st violation – civil penalty of $250) 2nd visit by police - citation & court appearance - Fine + Court costs. (2nd violation – civil penalty of $500) _{Lexington City Code § 275-4B (sound-amplifying equipment); § 275-4H (social gatherings and parties); § 275-7 (violations and penalties)}
Possession of Marijuana Under Age 21 and Over Age 21 with more than 1 oz. Sale of Marijuana Manufacture of Marijuana	Possession of 1 oz. or less is legal (presumption that having 1 oz. or less is for personal use). Sale of 1 oz. or less = Class 1 Misdemeanor, 12 months jail and/or $2,500 fine. Intent to distribute more than 1 oz. = Class 4 Felony, 1-10 years in prison OR 12 months jail and/or $2,500 fine. Manufacture/Distribution/ Possession with intent to manufacture/sell more than 5 lbs. = Felony, 5-30 years in prison and/or $10,000 maximum fine. _{VA Code § 18.2-248.1; § 18.2-11 (misdemeanor punishment); § 18.2-10 (felony punishment)}
Paraphernalia	Class 1 Misdemeanor - Fine not to exceed $2,500 and/or jail time for 12 months. However, when sold to a minor at least three years younger than the accused, the crime becomes a Class 6 felony with up to 5 years in prison. _{VA Code § 18.2-265.3 (sale and possession with intent to sell); § 18.2-11 (misdemeanor punishment); § 18.2-10 (felony punishment)}
Possession of “cannabimimetic agents”	Class 1 Misdemeanor – 12 months jail and/or $2,500 fine. _{VA Code § 18.2-250(b); § 18.2-11}
Texting while Driving Holding of Handheld Device while Driving	Driver will be fined an amount up to $2,750 depending on certain factors. _{VA Code § 46.2-341.20:5}
GHB (Date Rape Drug)	Class 3 Felony – 5-20 years prison and $100,000 fine. _{VA Code § 18.2-251.3; § 18.2-10 (punishment)}
Affirmative defense to prosecution for simple possession of illegal drugs or paraphernalia, public intoxication, or unlawful possession, purchase, or consumption of alcohol for reporting of overdose	Affirmative defense to prosecution only applies if, in good faith, an individual seeks emergency medical attention for self or another person for a life-threatening condition resulting from the consumption or use of alcohol, a controlled substance, or combination of substances by reporting the overdose to 911, law enforcement or firefighter, or emergency services medical personnel, or renders emergency care or assistance to an individual experiencing an overdose while another individual seeks or obtains emergency medical attention. Individual must remain at the scene until law-enforcement responds and identify himself/herself. _{VA Code § 18.2-251.03}

Further information is available on the Office of General Counsel website.

Campus Life

Jan Kaufman

Director of Health Promotion

P: 540-458-4501
E: jkaufman@wlu.edu