Underage Possession Defense Lawyer in Lexington, Virginia — What Are Your Options?
Underage possession of alcohol in Lexington is a Class 1 misdemeanor under Va. Code § 4.1-305, punishable by up to 12 months in jail, a $2,500 fine, and a driver’s license suspension. Law Offices Of SRIS, P.C. has 14 total documented case results in Lexington. An experienced underage possession defense lawyer Lexington can challenge the evidence and seek alternatives to conviction.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Virginia Law on Underage Alcohol Possession
Virginia law strictly prohibits the possession of alcoholic beverages by any person under 21 years of age. The primary statute is Va. Code § 4.1-305. This is a Class 1 misdemeanor, the most serious category of misdemeanor offenses in the state. A conviction creates a permanent criminal record that can affect college admissions, scholarships, employment, and professional licensing. The case is prosecuted by the Commonwealth’s Attorney and heard at the Lexington General District Court located at 2 South Main Street.
- Arraignment: You will be formally charged and enter a plea of not guilty, guilty, or no contest.
- Pre-trial Motions: Your underage possession defense lawyer Lexington can file motions to suppress evidence if it was obtained illegally.
- Negotiation: Your attorney will negotiate with the prosecutor for a reduction, dismissal, or alternative disposition like community service.
- Trial: If no agreement is reached, your case will proceed to a bench trial before a judge in GDC.
Penalties for Underage Possession in Lexington
In Lexington, underage possession of alcohol carries a penalty of up to 12 months in jail, a fine up to $2,500, and a 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, possible impact on college and employment |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Lexington Defense Team
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 track record includes 4,739+ case results with a 93%+ favorable outcome rate. In Lexington, we have 14 total documented case results across all practice areas. Our approach is built on a deep understanding of local court procedures and a commitment to protecting your future.
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 attorneys have successfully defended clients against various charges. For example, in a Bedford County Juvenile case, a charge was taken under advisement and dismissed upon completion of community service. In Fairfax County GDC, a charge resulted in a nolle prosequi (dismissal by the prosecutor). Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Lexington Underage Possession Defense Lawyers
Our Richmond location serves clients at the Lexington courts. We are accessible via I-81 and I-64. We serve the Lexington community, including areas near Virginia Military Institute (VMI) and Washington and Lee University. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Lexington, Virginia?
A Class 1 misdemeanor in Lexington carries up to 12 months in jail and a $2,500 fine. Underage possession is a Class 1 misdemeanor. Cases are heard at Lexington General District Court.
Can an underage possession charge be expunged in Lexington?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. A first-offense underage possession charge that is dismissed through a first-offender program may qualify for expungement.
Do I need a minor in possession defense lawyer Lexington for a first offense?
Yes. Even a first-offense misdemeanor carries up to 12 months in jail and creates a permanent criminal record. A juvenile alcohol charge lawyer Lexington can negotiate for alternatives to conviction that protect your record and future.
Will I lose my driver’s license for an underage possession charge?
Yes. Va. Code § 4.1-305 requires a mandatory driver’s license suspension of at least six months and up to one year upon conviction for underage possession of alcohol. An underage possession defense lawyer Lexington may argue for exceptions or work to avoid a conviction altogether.
What is the difference between GDC and Circuit Court in Lexington?
Lexington General District Court (GDC) handles misdemeanor trials, including underage possession. Lexington Circuit Court handles felony jury trials and appeals from GDC. You have a right to a jury trial in Circuit Court for any offense carrying jail time.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.