Underage Drinking Lawyer New Kent County — What Are the Penalties for a Minor?
Underage drinking in New Kent County is a Class 1 misdemeanor under Va. Code § 4.1-305, carrying up to 12 months in jail, a $2,500 fine, and a mandatory driver’s license suspension. As an Underage Drinking Lawyer New Kent County, Law Offices Of SRIS, P.C.
Virginia Law on Underage Drinking and Minor in Possession
Virginia law strictly prohibits the purchase, possession, or consumption of alcoholic beverages by any person under 21 years of age. The primary statute is Va. Code § 4.1-305. This law makes it illegal for a minor to possess any alcoholic beverage, with limited exceptions for religious purposes, educational programs, or when in the presence and with the consent of a parent, guardian, or spouse who is 21 or older.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the Virginia statute, visit the Virginia Code § 4.1-305. Court information and procedures can be found on the New Kent County Courts website.
Defending an Underage Alcohol Charge in New Kent County
An underage alcohol charge lawyer New Kent County must understand the specific procedures at the New Kent County General District Court. Prosecutors often seek the mandatory license suspension, making early intervention critical. A minor in possession defense lawyer New Kent County can challenge the legality of the stop, the search, or the proof of possession. Many cases are eligible for first-offender programs under Va. Code § 19.2-303.2, which can lead to dismissal upon completion of terms like community service and alcohol education.
- Initial Consultation: Contact an attorney immediately after the charge. Do not speak to law enforcement without counsel.
- Court Date: Your first appearance will be an arraignment at New Kent County General District Court (12001 Courthouse Circle).
- Review Evidence: Your lawyer will obtain discovery to review the police report and any witness statements.
- Develop Strategy: Based on the evidence, your attorney will advise on pleading not guilty and fighting the charge or seeking a first-offender disposition.
- Resolution: The case may be resolved through a motion to suppress, trial, or a negotiated plea agreement.
- Post-Resolution: If eligible, your lawyer will guide you through the expungement process after a dismissal.
Penalties for Underage Drinking in Virginia
In New Kent County, a conviction for underage drinking as a Class 1 misdemeanor carries up to 12 months in jail, a $2,500 fine, and a mandatory driver’s license suspension of at least six months and up to one year.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Underage Possession of Alcohol (Va. Code § 4.1-305) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory suspension: 6 months to 1 year | Criminal record, possible impact on college admissions and employment |
| Using Fake ID to Purchase Alcohol | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory suspension: 6 months to 1 year | Potential separate charges for forgery or identity fraud |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 documented case results with a 93%+ favorable outcome rate. We understand that an underage drinking charge can have long-term consequences for a young person’s future, and we fight to protect their record and driving privileges.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results and Client Advocacy
Our firm has a documented history of achieving positive results for clients facing misdemeanor charges. In one case handled by our team, an underage alcohol possession charge in a Virginia J&DR court was taken under advisement and dismissed upon the client’s completion of 50 hours of community service. In other jurisdictions, we have successfully had charges like driving on a suspended license amended to a non-moving violation. Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions who personally amended Virginia’s equitable distribution statute.
Underage Drinking Lawyer Near New Kent County
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle), accessible via I-64, Route 33, and Route 249. We are your local Underage Drinking Lawyer New Kent County for residents of New Kent, Providence Forge, and Quinton.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions: Underage Drinking Charges
What is the penalty for underage drinking in New Kent County?
Yes, it is a Class 1 misdemeanor. The penalties include up to 12 months in jail, a $2,500 fine, and a mandatory driver’s license suspension of six months to one year under Va. Code § 4.1-305. An Underage Drinking Lawyer New Kent County can work to mitigate these consequences.
Can an underage drinking charge be expunged in Virginia?
It depends. Virginia allows expungement for charges that result in an acquittal, dismissal, or nolle prosequi (Va. Code § 19.2-392.2). If you complete a first-offender program and the charge is dismissed, you are eligible to petition the New Kent County Circuit Court to have the record expunged.
Do I need a lawyer for a minor in possession charge?
Yes. Even a first-time misdemeanor carries the risk of jail, a large fine, and a mandatory license suspension. A minor in possession defense lawyer New Kent County can protect your rights, challenge the evidence, and seek alternatives like first-offender programs to avoid a permanent conviction.
Will I go to jail for a first-time underage drinking offense?
While the law allows for jail time, first-time offenders without other criminal history are often not sentenced to active jail. However, the court may impose suspended jail time, fines, community service, and alcohol education. An underage alcohol charge lawyer New Kent County can advocate for this type of outcome.
What is the first offender program for underage drinking?
Under Va. Code § 19.2-303.2, the court may defer a finding of guilt and place a first-time offender on terms and conditions, such as community service and counseling. Successful completion leads to dismissal of the charge. Eligibility depends on the facts and your prior record.
Internal Resources
For more information, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you are facing other charges, explore our related services in New Kent County: DUI/DWI Lawyer and Reckless Driving Lawyer.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.