Here is the section of Virginia law covering drunk flying. As Wino points out, sometimes these state laws get thrown out due to conflicts in jurisdiction with federal laws regulating air commerce.
Drunk flying is considered a felony charge in the Commonwealth of Virginia.
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§ 5.1-13. Operation of aircraft while under influence of intoxicating liquors or drugs; reckless operation.
Any person who shall operate any aircraft within the airspace over, above or upon the lands or waters of this Commonwealth, while under the influence of intoxicating liquor or of any narcotic or any habit-forming drugs shall be guilty of a felony and shall be confined in a state correctional facility not less than one nor more than five years, or, in the discretion of the court or jury trying the case, be confined in jail not exceeding twelve months and fined not exceeding $500, or both such fine and imprisonment.
Any person who shall operate any aircraft within the airspace over, above or upon the lands or waters of this Commonwealth carelessly or heedlessly in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection and in a manner so as to endanger any person or property, shall be guilty of a misdemeanor.
(Code 1950, § 5-10.1; 1964, c. 416; 1966, c. 576.)
http://leg1.state.va.us/000/lst/LH805571.HTM