Underage Possession Defense Lawyer in Lexington, Virginia
Underage possession of alcohol is a Class 1 misdemeanor in Lexington, Virginia, under Va. Code § 4.1-305, carrying up to 12 months in jail, a $2,500 fine, and a driver’s license suspension. As an Underage Possession Defense Lawyer Lexington, Law Offices Of SRIS, P.C. provides a strong defense for minors facing these charges at Lexington General District Court.
Virginia Law on Underage Alcohol Possession
In Virginia, it is illegal for any person under 21 years of age to purchase, possess, or consume alcoholic beverages. The primary statute governing this offense is Va. Code § 4.1-305. This law is strictly enforced in college towns like Lexington, home to Washington and Lee University and Virginia Military Institute (VMI). A conviction creates a permanent criminal record that can affect college admissions, scholarships, and future employment.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the Virginia statute, visit the official Virginia Code § 4.1-305. Court information and procedures for Lexington can be found on the Lexington General District Court website.
Defending a Minor in Possession Charge in Lexington
Lexington General District Court, located at 2 South Main Street, handles all misdemeanor underage possession cases. The Commonwealth’s Attorney prosecutes these charges. A key local procedural fact is that the court may consider first-offender programs under Va. Code § 19.2-303.2, which can lead to dismissal upon successful completion of terms like community service and alcohol education. For a minor in possession defense lawyer Lexington, early intervention is critical to explore these options before a conviction is entered.
- Initial Consultation: Contact an Underage Possession Defense Lawyer Lexington immediately after the charge. Do not speak to investigators without counsel.
- Case Review: Your attorney will obtain police reports, witness statements, and evidence to identify weaknesses in the prosecution’s case, such as illegal search or lack of probable cause.
- Pre-Trial Strategy: Your lawyer will file motions to suppress evidence if constitutional rights were violated and negotiate with the prosecutor for a reduction or diversion program.
- Court Appearance: Appear at Lexington General District Court for arraignment and any pre-trial hearings. Your attorney will represent you.
- Resolution: Work toward the best possible outcome, which may be dismissal, a reduction to a non-alcohol offense, or completion of a first-offender program.
- Post-Resolution: If eligible, your attorney can later file a petition for expungement to seal the record if the charge is dismissed.
Penalties for Underage Alcohol Possession in Lexington
In Lexington, underage possession of alcohol is a Class 1 misdemeanor punishable by up to 12 months in jail, a fine of up to $2,500, 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 6-12 month suspension | Permanent criminal record; impact on college/employment |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Lexington Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We understand the high stakes for a young person’s future and focus on strategies that protect their record. Our team is familiar with the procedures at Lexington General District Court and the tendencies of local prosecutors.
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 for Underage and Related Charges
Our firm has a documented history of achieving favorable outcomes for clients. In one case in Bedford County, a charge for a minor in possession was taken under advisement and dismissed upon the client’s completion of 50 hours of community service. In other jurisdictions, we have secured dismissals (nolle prosequi) for charges like “No Registration Card/License in Possession.” While every case is unique, our approach is thorough and client-focused.
Results may vary. Prior results do not guarantee a similar outcome.
Underage Possession Defense Lawyer Near Lexington, VA
Our Richmond location serves clients facing charges at the Lexington courts. We are accessible via I-81 and I-64. We serve the Lexington community and surrounding areas. 24/7 phone consultations are available — meetings are by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions: Underage Possession in Lexington
What are the penalties for a minor caught with alcohol in Lexington, VA?
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, as it is a Class 1 misdemeanor under Va. Code § 4.1-305.
Can an underage possession charge be expunged in Virginia?
It depends. If the charge is dismissed (e.g., through a first-offender program) or you are found not guilty, you may petition for expungement under Va. Code § 19.2-392.2. Most convictions cannot be expunged, making a favorable pre-trial outcome critical.
Do I need a lawyer for a minor in possession charge in Lexington?
Yes. A conviction has long-term consequences. A juvenile alcohol charge lawyer Lexington can often negotiate for a diversion program to avoid a permanent record, something that is difficult to achieve without legal representation.
Will I go to jail for a first-time underage possession offense?
For a first offense with no aggravating factors, jail time is uncommon if you have an Underage Possession Defense Lawyer Lexington. The typical goal is diversion, community service, and a fine. However, the law allows for jail, so having counsel is essential.
How does a minor in possession charge affect my driver’s license?
The Virginia DMV will administratively suspend your driving privilege for a minimum of six months upon conviction, regardless of whether a vehicle was involved. Your attorney may be able to petition the court for a restricted license for certain purposes.
Related Legal Services in Lexington
If you are facing other charges, our firm can help. We also handle DUI/DWI defense in Lexington, criminal defense in Henrico County, and criminal defense across Virginia.
Page Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding underage possession charges.