Public Intoxication Law in Virginia

August 13, 2018 by Jean Humbrecht
public intoxication law in Virginia

The Public Intoxication Law in Virginia Criminalizes Being Drunk in Public

The Public Intoxication law in Virginia (Va. Code §18.2-388) criminalizes being intoxicated (or drunk) in public.  For purposes of the Public Intoxication law in Virginia, intoxication can be caused by alcohol or drugs-even prescription medication.  A person is intoxicated when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.

The term public in the Public Intoxication statute is very broad and includes places visible to the community or public, including someone’s own property.  As a result, a person can be convicted of violating the Public Intoxication law in Virginia if he is intoxicated on his own property if that part of the property is visible to the public.

Penalty for Violating the Public Intoxication Law in Virginia

Public Intoxication in Virginia is a crime under Va. Code §18.2-388.  It is not punished with jail time, but the offender can be taken to the local jail and held until he has sobered up.  A Public Intoxication charge in Virginia is a Class 4 misdemeanor and is punished with a fine up to $250.  The fine is pre-payable, meaning the offender will not need to go to court.  However, pre-paying the fine is an admission of guilt to the offense and will result in a conviction on the offender’s permanent criminal record that can never be expunged.

The offender will also not be able to get a concealed carry permit for 3 years and if he has one, he must surrender it when he is convicted.

 

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