Virginia’s “Habitual Drunkard” Interdiction Law
Virginia’s “Habitual Drunkard” interdiction law has deep historical roots — but parts have been ruled unconstitutional. If you were interdicted under this law, you may still face legal penalties for possessing alcohol. Understanding your rights is the first step toward fighting back.
What Is the “Habitual Drunkard” Interdiction?
The law allows a court to declare someone an “interdicted habitual drunkard” — often after multiple alcohol-related convictions — and then impose criminal penalties for mere possession or consumption of alcohol, including up to a year in jail.
Why Part of It Is Unconstitutional
In Manning v. Caldwell, the Fourth Circuit struck down the “habitual drunkard” law for two reasons:
- Unconstitutionally vague: Terms like “habitual drunkard” lacked clear definitions, violating due process :contentReference[oaicite:1]{index=1}.
- Cruel & unusual punishment: Courts ruled it was unconstitutional to punish a person for a status (alcoholism), not just actions — violating the Eighth Amendment :contentReference[oaicite:2]{index=2}.
What Wasn’t Affected
Importantly, the court’s decision did not overturn interdictions tied to DUI convictions. If you were court-ordered to abstain from alcohol after a DUI, that part of the law remains enforceable by the state.
Learn more about DUI defense and how penalties may intersect with interdiction orders.
Impact on Individuals Today
Even though “habitual drunkard” interdictions are challenged, they remain in effect in many Virginia jurisdictions — especially Virginia Beach and Roanoke — and continue to carry extra criminal penalties :contentReference[oaicite:3]{index=3}.
These interdictions often target vulnerable individuals like the homeless — and can result in repeated criminal charges for simply possessing or being near alcohol :contentReference[oaicite:4]{index=4}.
How Doummar Law Can Help
Our Virginia criminal defense attorneys can help you:
- Determine whether your interdiction is legally enforceable
- Challenge outdated or vague portions of the interdiction
- Defend you in DUI-related or interdiction-based prosecutions
📞 Call us at (757) 422‑0061 or book a free consultation to get clarity and build your defense today.
📢 Protect Your Legal Rights
Don’t wait — interdictions can carry ongoing penalties. Let’s examine your case with care and expertise.
