Virginia law prohibits consuming alcohol while driving on public highways and establishes a presumption of intoxication if an open container is found in the passenger area under certain conditions. The law defines open containers and passenger areas and specifies penalties for violations. Violations are classified as Class 4 misdemeanors.
No, it is unlawful to have an open container of alcohol in the passenger area of a vehicle while driving, unless it is in a sealed, unopened container.
The passenger area includes the area designed for seating the driver and passengers, within reach of the driver, but excludes the trunk, living quarters of motor homes, and certain commercial vehicles.
Violating this law is classified as a Class 4 misdemeanor, which can result in fines or other penalties as determined by the court.
Yes, there is a rebuttable presumption of alcohol consumption if an open container is found in the passenger area along with signs of alcohol use, unless the driver is delivering alcohol legally.