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.
1989, c. 343; 2002, c. 890; 2022, cc. 78, 79.
Structure Code of Virginia
Title 18.2 - Crimes and Offenses Generally
Chapter 7 - Crimes Involving Health and Safety
§ 18.2-248.01. Transporting controlled substances into the Commonwealth; penalty
§ 18.2-248.04. Methamphetamine Cleanup Fund established
§ 18.2-248.3. Professional use of imitation controlled substances
§ 18.2-248.4. Advertisement of imitation controlled substances prohibited; penalty
§ 18.2-248.5. Illegal stimulants and steroids; penalty
§ 18.2-250. Possession of controlled substances unlawful
§ 18.2-251.01. Substance abuse screening and assessment for felony convictions
§ 18.2-251.02. Drug Offender Assessment and Treatment Fund
§ 18.2-251.03. Arrest and prosecution when experiencing or reporting overdoses
§ 18.2-251.1. Possession or distribution of marijuana for medical purposes permitted
§ 18.2-251.1:1. Possession or distribution of cannabis oil; public schools
§ 18.2-251.2. Possession and distribution of flunitrazepam; enhanced penalty
§ 18.2-251.3. Possession and distribution of gamma-butyrolactone; 1, 4-butanediol; enhanced penalty
§ 18.2-251.4. Defeating drug and alcohol screening tests; penalty
§ 18.2-254. Commitment of convicted person for treatment for substance abuse
§ 18.2-254.1. Drug Treatment Court Act
§ 18.2-254.2. Specialty dockets; report
§ 18.2-254.3. Behavioral Health Docket Act
§ 18.2-255. Distribution of certain drugs to persons under 18 prohibited; penalty
§ 18.2-255.2. Prohibiting the sale or manufacture of drugs on or near certain properties; penalty
§ 18.2-258. Certain premises deemed common nuisance; penalty
§ 18.2-258.01. Enjoining nuisances involving illegal drug transactions
§ 18.2-258.02. Maintaining a fortified drug house; penalty
§ 18.2-258.2. Assisting individuals in unlawfully procuring prescription drugs; penalty
§ 18.2-259. Penalties to be in addition to civil or administrative sanctions
§ 18.2-260.1. Falsifying patient records
§ 18.2-263. Unnecessary to negative exception, etc.; burden of proof of exception, etc.
§ 18.2-264. Inhaling drugs or other noxious chemical substances or causing, etc., others to do so
§ 18.2-265.2. Evidence to be considered in cases under this article
§ 18.2-265.3. Penalties for sale, etc., of drug paraphernalia
§ 18.2-265.5. Advertisement of drug paraphernalia prohibited; penalty
§ 18.2-265.7. Sale of the methamphetamine precursors ephedrine or related compounds; penalty
§ 18.2-265.9. Stop sales alerts; interruption of electronic system
§ 18.2-265.10. Exemption from participation in electronic system; requirement to maintain log
§ 18.2-265.11. Exemption from participation in electronic system and maintenance of a written log
§ 18.2-265.12. Authority to access data, records, and reports
§ 18.2-265.13. Confidentiality of data in possession of Department
§ 18.2-265.14. Prohibition on disclosure of information by entity operating the system
§ 18.2-265.16. Compliance with statutory provisions; civil immunity
§ 18.2-265.18. Failure to report certain sales; penalty
§ 18.2-265.20. Sale or distribution of dextromethorphan to minors; purchase by minors; civil penalty
§ 18.2-265.21. Possession or distribution of unfinished dextromethorphan; penalty
§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.
§ 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol; penalty
§ 18.2-267. Preliminary analysis of breath to determine alcoholic content of blood
§ 18.2-268.1. Chemical testing to determine alcohol or drug content of blood; definitions
§ 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood
§ 18.2-268.3. Refusal of tests; penalties; procedures
§ 18.2-268.4. Trial and appeal for refusal
§ 18.2-268.6. Transmission of blood samples
§ 18.2-268.7. Transmission of blood test samples; use as evidence
§ 18.2-268.9. Assurance of breath-test validity; use of breath-test results as evidence
§ 18.2-268.10. Evidence of violation of driving under the influence offenses
§ 18.2-268.11. Substantial compliance
§ 18.2-269. Presumptions from alcohol or drug content of blood
§ 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction
§ 18.2-270.01. Multiple offenders; payment to Trauma Center Fund
§ 18.2-270.1. Ignition interlock systems; penalty
§ 18.2-271. Forfeiture of driver's license for driving while intoxicated
§ 18.2-271.5. Restricted permits to operate a motor vehicle; ignition interlock systems
§ 18.2-272. Driving after forfeiture of license
§ 18.2-273. Report of conviction to Department of Motor Vehicles
§ 18.2-279. Discharging firearms or missiles within or at building or dwelling house; penalty
§ 18.2-280. Willfully discharging firearms in public places
§ 18.2-281. Setting spring gun or other deadly weapon
§ 18.2-282.1. Brandishing a machete or other bladed weapon with intent to intimidate; penalty
§ 18.2-283. Carrying dangerous weapon to place of religious worship
§ 18.2-283.1. Carrying weapon into courthouse
§ 18.2-284. Selling or giving toy firearms
§ 18.2-285. Hunting with firearms while under influence of intoxicant or narcotic drug; penalty
§ 18.2-286. Shooting in or across road or in street
§ 18.2-286.1. Shooting from vehicles so as to endanger persons; penalty
§ 18.2-287.01. Carrying weapon in air carrier airport terminal
§ 18.2-287.2. Wearing of body armor while committing a crime; penalty
§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty
§ 18.2-287.5. Reporting lost or stolen firearms; civil penalty
§ 18.2-289. Use of machine gun for crime of violence
§ 18.2-290. Use of machine gun for aggressive purpose
§ 18.2-291. What constitutes aggressive purpose
§ 18.2-292. Presence prima facie evidence of use
§ 18.2-293. What article does not apply to
§ 18.2-293.1. What article does not prohibit
§ 18.2-294. Manufacturer's and dealer's register; inspection of stock
§ 18.2-295. Registration of machine guns
§ 18.2-296. Search warrants for machine guns
§ 18.2-297. How article construed
§ 18.2-298. Short title of article
§ 18.2-300. Possession or use of "sawed-off" shotgun or rifle
§ 18.2-303. What article does not apply to
§ 18.2-303.1. What article does not prohibit
§ 18.2-304. Manufacturer's and dealer's register; inspection of stock
§ 18.2-306. Search warrants for "sawed-off" shotguns and rifles; confiscation and destruction
§ 18.2-307. Short title of article
§ 18.2-308. Carrying concealed weapons; exceptions; penalty
§ 18.2-308.01. Carrying a concealed handgun with a permit
§ 18.2-308.02. Application for a concealed handgun permit; Virginia resident or domiciliary
§ 18.2-308.03. Fees for concealed handgun permits
§ 18.2-308.04. Processing of the application and issuance of a concealed handgun permit
§ 18.2-308.05. Issuance of a de facto permit
§ 18.2-308.06. Nonresident concealed handgun permits
§ 18.2-308.07. Entry of information into the Virginia Criminal Information Network
§ 18.2-308.08. Denial of a concealed handgun permit; appeal
§ 18.2-308.09. Disqualifications for a concealed handgun permit
§ 18.2-308.010. Renewal of concealed handgun permit
§ 18.2-308.011. Replacement permits
§ 18.2-308.012. Prohibited conduct
§ 18.2-308.013. Suspension or revocation of permit
§ 18.2-308.015. Inclusion of Supreme Court website on application
§ 18.2-308.016. Retired law-enforcement officers; carrying a concealed handgun
§ 18.2-308.2:01. Possession or transportation of certain firearms by certain persons
§ 18.2-308.2:1. Prohibiting the selling, etc., of firearms to certain persons; penalties
§ 18.2-308.2:4. Firearm verification check; penalty
§ 18.2-308.2:5. Criminal history record information check required to sell firearm; penalty
§ 18.2-308.4. Possession of firearms while in possession of certain substances
§ 18.2-308.5. Manufacture, import, sale, transfer or possession of plastic firearm prohibited
§ 18.2-308.8. Importation, sale, possession or transfer of Striker 12's prohibited; penalty
§ 18.2-309. Furnishing certain weapons to minors; penalty
§ 18.2-311. Prohibiting the selling or having in possession blackjacks, etc.
§ 18.2-311.1. Removing, altering, etc., serial number or other identification on firearm
§ 18.2-311.2. Third conviction of firearm offenses; penalty
§ 18.2-312. Illegal use of tear gas, phosgene and other gases
§ 18.2-313. Handling or using snakes so as to endanger human life or health
§ 18.2-313.1. Withholding information about possibly rabid animal; penalty
§ 18.2-313.2. Introduction of snakehead fish or zebra mussel; penalty
§ 18.2-314. Failing to secure medical attention for injured child
§ 18.2-316. Duty of persons causing well or pit to be dug to fill it before abandonment
§ 18.2-317. Covers to be kept on certain wells
§ 18.2-318. Authority of counties, cities and towns to require and regulate well covers
§ 18.2-319. Discarding or abandoning iceboxes, etc.; precautions required
§ 18.2-320. Sale, etc., of plastic bags; warning required
§ 18.2-321. Using X ray, fluoroscope, etc., in the fitting of footwear
§ 18.2-322. Expectorating in public places
§ 18.2-323. Leaving disabled or dead animal in road, or allowing dead animal to remain unburied
§ 18.2-323.01. Prohibition against disposal of dead body; penalty
§ 18.2-323.02. Prohibition against concealment of dead body; penalty
§ 18.2-324. Throwing or depositing certain substances upon highway; removal of such substances
§ 18.2-324.2. Use of unmanned aircraft system for certain purposes; penalty