Legal Question in DUI Law in Virginia

Underage Alcohol Consumption (ALC-4165-M1) and public intoxication (OBS-3712-04)

My age 18 son was arrested early this morning in Harrisonburg, VA for underage alcohol consumption (ALC-4165-M1) and public intoxication (OBS-3712-04). He is scheduled to appear in court in 10 days. Should I get him a lawyer? He was at a party in a private apt complex and became sick, so he went outside into the complex parking lot and slept in his car. He got cold and turned on the car for the heater. A police office found him sleeping in the car with the motor on and arrested him. His BAC was 0.99%.


Asked on 10/31/08, 11:21 am

2 Answers from Attorneys
James Bullard James A. Bullard, Jr., P.C.

Re: Underage Alcohol Consumption (ALC-4165-M1) and public intoxication (OBS-3712-04)

I would recommend you getting an attorney. The under age alcohol charge is a class one misdemeanor, which carries a maximum penalty of up to 12 months in jail and $2,500 fine. He is not likely to go to jail for this incident, but it is always good to have an attorney to navigate the court system.

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Answered on 10/31/08, 12:01 pm
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Underage Alcohol Consumption (ALC-4165-M1) and public intoxication (OBS-3712-04)

He should have an attorney. If truly indigent, it is possible he could qualify for a court-appointed lawyer. I am a little surprised he was not charged with DUI.

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Answered on 10/31/08, 1:28 pm


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