Virginia Alcohol Laws
Virginia has many laws about alcohol – where and when it can be sold as well as who may or may not consume alcoholic beverages. However, in general, Virginia’s alcohol laws are less restrictive than other states in the Southeast. For example, there is no open container law in Virginia.
An open container law states that alcoholic beverages may not be in the passenger compartment of the car. Despite pressure from the federal government, Virginia is one of a few states that do not have this law. As a result, it is legal for passengers to drink alcoholic beverages in the vehicle as long as the driver is not drinking or is not impaired.
In Virginia, the legal drinking age is 21. To work in a restaurant that serves alcohol, you must be at least 18 years old; to be a bartender, the minimum age is 2; and in order to transport, handle or sell alcoholic beverages in a liquor store, you must be at least 16 years old.
Virginia has several laws about the sale of alcohol. Spirits are only sold in state-owned stores, which are often referred to as Package stores or ABC stores. These liquor stores are closed on Sundays (Northern Virginia, Norfolk, and Virginia Beach are exceptions). However, wine and beer are available in supermarkets and convenience stores seven days per week. Package stores have off-premise licenses, which means that it is illegal for people to consume alcohol while on the property.
It is also illegal to sell alcohol at an off-premise store from midnight until 6a.m. Bars, restaurants, and other on-premise establishments may not serve alcohol between 2 a.m. and 6 a.m.
In Virginia, it is illegal to operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher. If your blood alcohol content is over the legal limit, that is sufficient proof of a violation. After three of these violations become convictions, a felony goes on your record.
It is important to remember that in addition to state laws, alcohol sales and consumption may be subject to local ordinances.
If you have any questions about the alcohol laws in Virginia, please contact our law firm today.