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
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.
Official sources
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.