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Virginia criminal charge

Defeating drug and alcohol screening tests in Virginia

Class 1 MisdemeanorCurrent through 2026 Virginia legislative session

Defeating drug and alcohol screening tests is a Class 1 Misdemeanor under Virginia criminal law, defined by Va. Code Ann. § 18.2-251.4. As a Class 1 Misdemeanor, it is punishable within the statutory sentencing range Virginia sets for that offense class. Virginia classifies offenses as Class 1 through Class 6 felonies and Class 1 through Class 4 misdemeanors (Va. Code Ann. § 18.2-9), with the standard punishment ranges set by §§ 18.2-10 and 18.2-11 — and a substantial number of offenses are unclassified, with the penalty stated in the defining section itself. Traffic infractions are not criminal offenses (§ 18.2-8).

Defined by Va. Code Ann. § 18.2-251.4.

What is the penalty for defeating drug and alcohol screening tests in Virginia?

Penalties for Defeating drug and alcohol screening tests
PenaltyRangeBasisAuthority
Jail / prisonup to 12 months (no statutory minimum)discretionaryVa. Code Ann. § 18.2-11
Fineup to $2,500 (either or both with confinement (§ 18.2-11(a)))discretionaryVa. Code Ann. § 18.2-11

Applies to current.

Common questions about defeating drug and alcohol screening tests in Virginia

Is defeating drug and alcohol screening tests a felony or a misdemeanor in Virginia?

Defeating drug and alcohol screening tests is a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-251.4.

What are the penalties for defeating drug and alcohol screening tests in Virginia?

As a class 1 misdemeanor, defeating drug and alcohol screening tests carries up to 12 months (no mandatory minimum) of incarceration and a fine of up to $2,500 (no mandatory minimum) under Va. Code Ann. § 18.2-11 (current).

Which Virginia statute covers defeating drug and alcohol screening tests?

Defeating drug and alcohol screening tests is governed by Va. Code Ann. § 18.2-251.4 (Defeating drug and alcohol screening tests; penalty).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.