Virginia Alcohol Laws 2026
Did you know that bars are technically illegal in Virginia? Or that using a fake ID is a Class 1 Misdemeanor? Or that you can get a DUI while driving a jet ski?
So many rules! In this blog post, we break down what you need to know about alcohol laws in the Commonwealth of Virginia for 2026, including what times you can buy alcohol in VA and new updates like “Cocktails To-Go.”
Introduction to VA Alcohol Laws
Let’s get started with some of the basics:
What is the minimum age to buy (or even possess) an alcoholic beverage?
21 years of age.
Penalty for Possession of Alcohol Under 21?
It is a Class 1 Misdemeanor. Penalties include fines of up to $2,500, up to 50 hours of community service, and/or up to 1 year in jail. You may also face a mandatory suspension of your driver’s license.
LEARN MORE: To read on underage drinking laws, specifically, please see our blog What You Need To Know About Underage Drinking Laws in Virginia.
What Are the Rules for Selling Alcohol?
Bars vs. Restaurants
If you are selling alcohol in a restaurant, that is okay. However, strictly speaking, “bars” are illegal in Virginia.
To serve mixed beverages (spirits), an establishment must be licensed as a “restaurant.” This means they must meet a minimum “food-to-beverage ratio”—generally, 45% of their gross sales must come from food and non-alcoholic beverages. If a place sells only alcohol and no food, it generally cannot exist as a public establishment in Virginia.
Types of Retail Sales
- Wine and Beer: You may sell wine and beer at a licensed restaurant, grocery store, or convenience store.
- Liquor (Spirits): If you want to buy a bottle of vodka, whiskey, or other distilled spirits to take home, you must go to a Virginia Alcoholic Beverage Control Authority (ABC) store, which is owned by the Commonwealth government.
Hours & Licenses
To serve or sell alcohol, you must get a Virginia liquor license from the Virginia ABC. This applies to stores, restaurants, and private events (like weddings) wishing to serve alcohol.
Virginia Alcohol Sales Hours (2026)
If you have the proper permits, you may sell alcohol during these hours:
- On-Premise (Restaurants/Clubs): 6:00 AM to 2:00 AM every day (in mixed beverage localities).
- Off-Premise (Grocery/Convenience Stores): 6:00 AM to 12:00 AM (Midnight) every day.
- ABC Stores (Liquor): Hours vary by location, but typically 10:00 AM to 9:00 PM (Mon-Sat) and 12:00 PM to 6:00 PM (Sun).
Restrictions
- Novelty Containers: You may not serve alcoholic beverages in “novel or unusual containers” without a special permit.
- Underage Sales: You may not sell alcohol to anyone under 21.
Penalty for Selling or Providing Alcohol to an Underage Individual: This is a Class 1 Misdemeanor, punishable by up to $2,500 in fines and/or up to 1 year in jail.
EXCEPTIONS: If you are a parent or spouse over 21, and you provide alcohol to your child or spouse under 21 inside your private home, you are generally not breaking the law (though rules on “contributing to delinquency” can still apply in unsafe situations).
What About Buying Alcohol in Virginia?
If you are 21 or older, you can legally purchase alcohol in Virginia.
- Restaurants: You can order wine, beer, and mixed drinks for on-premise consumption.
- Stores: You can buy beer and wine at grocery and convenience stores.
- ABC Stores: You must visit a state-run ABC store to purchase distilled spirits.
Where Can You Drink?
Generally, you may only drink alcohol on private property or in licensed establishments. Drinking alcohol on public property—such as sidewalks, streets, parking lots, and parks—is illegal.
New Exception: “Sipping Districts” (DORA) Many Virginia towns (like Winchester, Danville, and others) have established Designated Outdoor Refreshment Areas (DORA). In these specific zones during designated hours, you can buy a drink from a participating restaurant in a special plastic cup and walk around outside within the district boundaries.
“Cocktails To-Go” Are Permanent!
A major change as of July 1, 2024 is that Cocktails To-Go are now permanently authorized in Virginia. Licensed restaurants and distilleries can legally sell mixed beverages for off-premises consumption (takeout and delivery), provided they are in a secure, sealed container and you have a valid ID.
Fake IDs
Ineligible people often try to buy alcohol using fake IDs, but the penalties are steep if caught.
Penalty for Using a Fake ID: This is a Class 1 Misdemeanor.
- Fines: Up to $2,500.
- Jail: Up to 1 year.
- Community Service: Up to 50 hours.
- License Suspension: Up to 1 year.
- Education: Mandatory alcohol abuse education or counseling (at your expense).
Use of Alcohol While Driving in Virginia
You should never consume alcohol and drive. Virginia has strict laws against DUI/DWI (Driving Under the Influence/Driving While Intoxicated).
- Legal Limit: If you are caught driving with a Blood Alcohol Content (BAC) of .08% or higher, you face a DUI charge.
- Underage Limit: If you are under 21, Virginia has a “Zero Tolerance” policy. A BAC of .02% or higher can result in a DUI charge.
Penalty for First Offense DUI:
- Up to $2,500 in fines.
- Up to 1 year in jail.
- Mandatory license suspension (usually 12 months).
- Mandatory Virginia Alcohol Safety Action Program (VASAP) classes.
- Possible Ignition Interlock Device requirement.
LEARN MORE: To read more on DUI/DWI in Virginia, please see our blog post DUI in Virginia: What You Need to Know.
Use of Alcohol While Boating in Virginia
Drinking and boating is just as dangerous as drinking and driving. BUI (Boating Under the Influence) laws apply equally.
You can be charged with BUI if you operate a boat (or jet ski) with a BAC of .08% or higher. Convictions can result in the loss of your boating privilege, heavy fines, and jail time, similar to a roadway DUI.
Need Help?
Cook Attorneys can help if you are facing DUI/DWI charges or if you need help navigating an alcohol-related charge. We have extensive defense experience with these kinds of cases, and we would love to talk to you about the details of yours. Reach out to us here!
