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Virginia statute

Va. Code Ann. § 18.2-323.1 — Drinking while operating a motor vehicle; possession of open container while operating a motor vehicle and presumption; penalty

Current through 2026 Regular Session

Part of Article 8: Miscellaneous Dangerous Conduct, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-323.1

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-323.1Primary source, current through the 2026 Regular Session
A. It is unlawful for any person to consume an alcoholic beverage while driving a motor vehicle upon a public highway of the Commonwealth. B. Unless the driver is delivering alcoholic beverages in accordance with the provisions of § 4.1-212.1 , a rebuttable presumption that the driver has consumed an alcoholic beverage in violation of this section shall be created if (i) an open container is located within the passenger area of the motor vehicle, (ii) the alcoholic beverage in the open container has been at least partially removed, and (iii) the appearance, conduct, odor of alcohol, speech, or other physical characteristic of the driver of the motor vehicle may be reasonably associated with the consumption of an alcoholic beverage. C. For the purposes of this section: "Open container" means any vessel containing an alcoholic beverage, except the originally sealed manufacturer's container. "Passenger area" means the area designed to seat the driver of any motor vehicle, any area within the reach of the driver, including an unlocked glove compartment, and the area designed to seat passengers. "Passenger area" does not include the trunk of any passenger vehicle, the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle, or any similar vehicle, the living quarters of a motor home, or the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxi, or limousine, while engaged in the transportation of such persons. D. A violation of this section is punishable as a Class 4 misdemeanor.

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Legal terms used in this section

Questions this section answers

Is drinking while operating a motor vehicle a felony or a misdemeanor in Virginia?

Drinking while operating a motor vehicle is a class 4 misdemeanor in Virginia under Va. Code Ann. § 18.2-323.1.

Which Virginia statute covers drinking while operating a motor vehicle?

Drinking while operating a motor vehicle is governed by Va. Code Ann. § 18.2-323.1 (Drinking while operating a motor vehicle; possession of open container while operating a motor vehicle and presumption; penalty).

This reference is informational and is not legal advice.