When Can Virginians Legally Purchase Beer?

If you're planning a party or just want to stock up your fridge, it's important to know the laws around buying beer in Virginia. The state has strict regulations on alcohol sales, and while you can buy beer from almost any grocery store or gas station, there are rules about when and where you can make your purchase. So, what's the earliest you can buy beer in Virginia?

Virginia's drinking laws history

Virginia's drinking laws have evolved over time, reflecting changing social norms and public policy priorities. Here is an overview of the history of drinking laws in the state:

Post-Prohibition Era:

After the repeal of Prohibition in 1933, Virginia, like many other states, allowed retailers to sell beer and wine while retaining control over hard liquor.

1970s:

In 1974, Virginia lowered the drinking age for beer and wine to 18, following a similar trend among other states due to the lowering of the voting age to 18 in 1971.

1980s:

In 1984, the National Minimum Drinking Age Act was passed by Congress, requiring states to raise the minimum drinking age for purchase and public possession to 21 by October 1986. Virginia, along with all other states, complied with this mandate, and by 1988, the legal drinking age in Virginia was back to 21. This change was driven by concerns over drunk driving fatalities and the recognition that younger drivers who have been drinking alcohol are more likely to be involved in fatal accidents.

2010s-2020s:

Virginia, as a control state, continues to regulate the sale and distribution of alcohol, including through state-run ABC stores that sell spirits. Retailers such as grocery stores and gas stations are permitted to sell beer and wine. The state has also implemented various laws and regulations to ensure responsible alcohol consumption, with revenue from alcohol sales contributing to a general fund for alcohol education, prevention, and community improvement initiatives.

National Minimum Drinking Age Act

In Virginia, a customer must be at least 21 years old to purchase alcohol. This is in line with the National Minimum Drinking Age Act of 1984, which requires states to prohibit persons under 21 years of age from purchasing or publicly possessing alcoholic beverages. The act was passed by the United States Congress and was signed into law by President Ronald Reagan on July 17, 1984.

The act was designed to punish any state that allowed persons under 21 to purchase alcohol by reducing its annual federal highway funding by 10%. The law was later amended, and from the 2012 fiscal year onwards, the penalty was lowered to 8%. Despite its name, the act did not outlaw the consumption of alcoholic beverages by those under 21, just their purchase or public possession. However, some states, including Alabama, Arkansas, Idaho, New Hampshire, and West Virginia, extended the law to include an outright ban.

The minimum drinking age is a state law, and most states still allow "underage" consumption of alcohol in some circumstances. For example, in some states, there are no restrictions on private consumption, while in other states, such as Colorado, Maryland, Montana, New York, Texas, Oregon, Washington, Wisconsin, and Wyoming, consumption is only permitted in the presence of consenting and supervising family members. In addition, some states, including Ohio, Texas, Massachusetts, and Louisiana, allow persons under 21 to drink alcohol in public places as long as a parent or guardian consents and purchases the alcohol.

The act also does not criminalize alcohol consumption during religious occasions, such as communion wines or Kiddush.

Virginia's underage drinking exceptions

In Virginia, it is illegal for anyone under the age of 21 to consume, purchase, possess, or attempt to consume, purchase, or possess any alcoholic beverage. However, there are a few exceptions to this rule.

Parental Consent

Virginia law provides for two separate family exceptions. Firstly, Virginia permits persons under 21 to possess alcoholic beverages when making a delivery by order of their parent. Secondly, Virginia permits underage possession when an alcoholic beverage is provided to an underage guest in a private residence, and the guest is accompanied by a parent, guardian, or spouse who is 21 or older.

Private, Non-Alcohol Selling Premises

The consumption of alcohol by those under 21 may take place in a private, non-alcohol-selling premises. This includes a party at a private home, as long as the parents have prior knowledge and give consent.

Employment

As a condition of employment, a person under 21 may deliver alcohol.

Law Enforcement

Law enforcement officers who are under 21 may possess alcohol when it is necessary and within the scope of their duties.

Penalties for underage drinking in Virginia

In Virginia, it is illegal for a person under the age of 21 to purchase, possess, or even attempt to purchase alcohol. The limited exception to this law includes the consumption of alcohol by a minor while on private property that does not sell alcohol and with the consent of a legal guardian. Virginia is known as one of the strictest states when it comes to penalizing underage drinking. While the reasons for this are understandable and meant for both the drinkers and public safety, many younger persons resent the harsh penalties.

• If you are between the ages of 18 and 20, a conviction for underage possession or consumption of alcohol is a Class 1 misdemeanour punishable by up to 12 months in jail and often results in either a minimum fine of $500 or 50 hours of community service.
• For those under 18, the case will be tried in juvenile court. A minor who is between 16 and 18 and has a driver's license will have it suspended or delayed for six months. If the minor does not have a license, they will not be able to apply for one for six months after they would have otherwise been eligible.
• A person under 21 who is convicted of possession or consumption of alcohol could lose scholarships or be denied admission to a college or university. They may also face forfeiture of the right to participate in school sports or other school programs, or be expelled from school completely.
• Under Virginia law, it is also illegal to possess a manufactured or altered driver's license, or to use someone else's driver's license as your own. Conviction may result in up to six months in jail. It is also illegal to loan your license to someone else, or to make, sell, or distribute false IDs.
• In addition, a conviction for underage drinking can result in a driver's license suspension of no less than six months and up to one year from the date of conviction. This penalty is considered a more effective deterrent to underage drinking than penalties or jail time.
• If you are under 21 and operating a motor vehicle after illegally using alcohol or drugs, you may be charged even if you are not impaired. Refusing to take a test can result in additional penalties and the loss of driving privileges for up to one year.

Virginia's alcohol law enforcement

In Virginia, the legal drinking age is 21, and the sale of alcohol to minors is a common violation. While there is no legal requirement to check ID, the best way to verify a customer's age is to request proper identification and examine it carefully. Acceptable forms of ID include a valid driver's license, armed forces identification card, U.S. passport, foreign government visa, or any other valid government-issued identification card with a photograph, signature, height, and date of birth.

The Virginia Alcoholic Beverage Control Authority (ABC) is responsible for enforcing the laws related to the manufacture and sale of alcoholic beverages in the state. ABC special agents are sworn police officers with full police powers and a diverse range of duties, including investigating license applicants, conducting underage sale compliance checks, and enforcing ABC laws in licensed establishments. They also investigate and prosecute criminal activities beyond the sale of alcohol, such as drugs, gangs, gambling, money laundering, and tax evasion.

The ABC takes compliance seriously and has implemented an underage buyer program to monitor and enforce the legal drinking age. Additionally, they offer free online training to managers, sellers, and servers to promote responsible alcohol handling and improve understanding of ABC laws, rules, and regulations.

Virginia is one of 17 control states, which means the state government regulates how distilled spirits are sold. The revenue from alcohol sales goes into a general fund, and a portion of this money is used for alcohol education, prevention initiatives, and training for employees handling alcohol at licensed businesses.

During the COVID-19 pandemic, Virginia made temporary changes to alcohol laws to support businesses. These changes included allowing licensed merchants to sell to-go cocktails and extending the hours for alcohol sales in on-premise locations.

Frequently asked questions