Virginia’s Legal Drinking Limits Explained: What You Should Know

Overview of Virginia Drunkenness Statutes

Virginia has specific laws regarding alcohol sales and consumption. Per Virginia state law, the minimum legal drinking age is 21. Anyone under the age of 21 is prohibited from purchasing, possessing or consuming alcohol, which includes beer, wine and liquor. There are exceptions to this rule that allows for consumption in the home or within the home of a family member. Drivers under the age of 21 may not have a blood alcohol content that exceeds .02 percent, which is half of the general limit of .08 percent. It is also illegal to sell beer, wine and liquor to an intoxicated person.
Virginia state law prohibits the sale of alcohol by anyone who does not possess a license. Licenses are issued by the Virginia Department of Alcoholic Beverage Control to qualified manufacturers, wholesalers, brokers and retailers who follow state law . Grocery stores, convenience stores and gas stations can apply to sell beer and wine, while restaurants, bars and clubs require separate licenses to sell alcoholic beverages. Virginia does not currently permit grocery stores to sell liquor. Beer and wine must be in a retail establishment that has been approved by the Virginia Department of Alcoholic Beverage Control.
You can obtain a one-day license to serve alcohol on a temporary basis for a special event. Such events include charity events, wine tastings and food pairing events. A special event may last for up to five days. One-day licenses can only be obtained by organizations, groups, associations, clubs and societies. It is illegal to serve alcohol on school property, college property and other certain properties such as J. Sargeant Reynolds Community College.

Virginia BAC: Blood Alcohol Concentration in Virginia

The legal blood alcohol limit in Virginia is .08 percent or higher for those over the age of 21. After one drink, an adult’s BAC could already be at .02 percent. A .02 BAC will cause a loss in judgment and a decline in coordination. At a BAC of .05 percent, a driver will experience center of gravity changes and a decrease in alertness. Significant impairment begins at .06 percent with effects that include anxiety and an exaggerated mood. At .07, a driver will have poor clarity and an increase in relaxation. At an adult’s legal driving limit of .08 percent, they will have a clearer mouth, impaired balance and pain sensations, and their reaction time and ability to compete mentally will be altered. At .09 percent, a driver will have decreased alertness, an increase in emotional liability, and spastic body movement and walking patterns. At .10 percent, a driver will have an impaired grip, balance control, and eye coordination.
BAC levels affect people differently, and may be influenced by factors including the following: Low BAC levels generally still impair drivers enough to contribute to accidents. Therefore, people should not rely on "buzzed driving," or driving under the influence of alcohol, as a safe alternative to drinking and driving. Those charged with DUI should consult an attorney about the best way to fight the charge.

Penalties for Exceeding Legal Drinking Limits

Breaching the legal limits imposed by Virginia’s drinking and driving laws may be tantamount to a death sentence if you’re involved in an accident that results in the injury or death of another person. You may also serve time in jail, lose your license, and have your insurance premiums increase.
The penalties for exceeding Virginia’s legal drinking limit depend on the driver’s blood alcohol concentration (BAC) at the time they’re tested, whether there was an accident that resulted in injury or death, and the driver’s criminal history.
The following describes the penalties related to different BACs: If there’s been an accident resulting in injury or death, you could be charged with vehicular assault or homicide. In either case, the penalties increase.
First Offense You could face a Class 6 felony, which carries a penalty of one to five years in prison and a fine up to $2,500 or a Class 5 felony, which carries a penalty of one to 10 years in prison and a fine of up to $2,500. If you’re convicted of these crimes, you could lose your license for three years. There may also be a civil lawsuit involved.
Second Offense If you repeat this crime and a conviction is obtained, you could be charged with a Class 4 felony. A Class 4 felony carries a penalty of two to 10 years in prison and fines up to $100,000.
A conviction for driving under the influence in Virginia is never a pleasant experience. The best you can do is hope it doesn’t happen again and to take steps to prevent it from happening. However, if you’re arrested for a DUI, understanding the legal drinking limit in Virginia is the first step to becoming informed about the next steps you need to take.

Comparison of Virginia With Other States

So how does Virginia compare? The chart below outlines the DWI limit for a handful of states, both surrounding Virginia and across the country. As you can see, the District of Columbia shares VA’s .08 legal limit. However, Maryland, North Carolina, Pennsylvania, and West Virginia have more stringent requirements. Interestingly enough, only 15 states had a .08 legal alcohol limit in the All-50 state list . Rhode Island, Maine, New Jersey, and Massachusetts were the four states that stood out with .08 DWI limits. Georgia had a .15 limit before November 2018 when that was repealed. Georgia residents can now be charged with a DWI if they are caught with a .08 limit or higher. South Carolina and Texas, have the most lenient restrictions with .10 being the legal limit.

Safe Responsible Drinking Practices

When engaging in social events that include alcohol, it’s important to know how to keep yourself safe on the streets of Virginia. The first tip is a no-brainer: have a designated driver. Even when you think your friends are sober enough to get you home without incident, do yourself a favor and avoid the potential for disaster. If you are going out with friends who will be drinking, make a regular plan about who will drive so no one has to debate at the end of the night.
There are also other moments where a designated driver isn’t an option. If you have gone out to get a drink alone or are returning from a work event, make sure that you still take precautions. Drinking will impair your ability to gauge whether or not you are legally safe to drive. Take an Uber or a taxi or, better yet, plan your drink so that you can walk.
While everyone has heard that drinking gives you a major hangover, few realize that it also impairs you even for the next few days. If you are recovering from a drunken evening and have to be somewhere in the day or week that follows, ask a friend to drive for you. Ideally, drinking should be minimized to just one or two drinks per occasion, but it’s particularly dangerous to drive when you still feel the effects of the last drink even days later. If your BAC is still high or your body is still processing alcohol, refrain from driving altogether.

Legal Exceptions and Defenses

There are other legitimate medical reasons why the breath test might not be accurate. For example, if you have a burp, acid reflux disease or heartburn. If you burp within 10 minutes of the breath test, however, the judge may consider this to be a refusal to provide an accurate sample and you could then face an enhanced license suspension. However, if you have the results from a medical evaluation that was performed within the 10-minute time period before you burp, you should be able to get those results in evidence and the judge would then have to generally believe the doctor instead of the police officer.
If you have a medical condition that causes a permanently high BAC level, you can also use an expert witness to explain that to the judge. The most common of these conditions is diabetes , which is when a person has a very high blood sugar. A reading of .18% or higher could cause a diabetic to never be held criminally responsible for DWI regardless of how poor his driving may be.
The only way that you can get a false low reading on the breath test based on faulty equipment is if you were drinking earlier that day of testing and are in a rapid elimination phase. This is a rare circumstance and, because it involves alcohol consumption, it is typically not a believable defense. A few new breath testing machines help eliminate this false low reading. Moreover, it is common for the breath test operator to lie about the sequence of events in order to convince the judge that you were not drinking prior to the breath test.