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Virginia Open Container Law (2026)

Restricted: Virginia prohibits drinking while driving, and it enforces that through a presumption: an open, partially consumed container in the passenger area, together with signs of consumption, creates a rebuttable presumption that the driver drank (a Class 4 misdemeanor).

RestrictedVerified May 31, 2026

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Virginia prohibits drinking while driving, and it enforces that through a presumption: an open, partially consumed container in the passenger area, together with signs of consumption, creates a rebuttable presumption that the driver drank (a Class 4 misdemeanor). The trunk and other areas that cannot be reached are excluded (Va. Code 18.2-323.1).

Official source: law.lis.virginia.gov →

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