Legal Question in Administrative Law in Virginia

Re: Underage Drinking

Per Virginia Code 4.1-305:

"Any person found guilty of a violation of this section shall be guilty of a Class 1 misdemeanor; and upon conviction, (i) such person shall be ordered to pay a mandatory minimum fine of $500 or ordered to perform a mandatory minimum of 50 hours of community service as a condition of probation supervision and (ii) such person's license to operate a motor vehicle in the Commonwealth may be suspended for a period of not more than one year. The court, in its discretion and upon a demonstration of hardship, may authorize any person convicted of a violation of this section the use of a restricted permit to operate a motor vehicle...During the period of license suspension, the court may require a person issued a restricted permit under the provisions of this subsection to be (i) monitored by an alcohol safety action program, or (ii) supervised by a local community-based probation program. The alcohol safety action program or local community-based probation program shall report to the court any violation of the terms of the restricted permit, the required alcohol safety action program monitoring or the local community-based probation and any condition related thereto or any failure to remain alcohol-free during the suspension period."

You also forfit whatever alcohol you were caught with.

Given that a class one misdemeanor carries up to a year in jail and a $2500 fine, it is probably in your best interest to retain legal counsel. They can help you determine whether you have any defenses to the charge, they can explain the court proceedings so as to create a greater sense of comfort for you, and they can work with you to try and minimize the penalties involved if you are convicted.