Drunk in Public Charge in Fairfax

In Virginia, it is a crime to be drunk or intoxicated in public.  Va. Code §18.2-388 states that a Virginia Drunk in Public charge is a Class 4 misdemeanor.  Many local towns, cities and counties have their own versions of the Virginia Drunk in Public charge, including Fairfax County.  This post specifically focuses on a Drunk in Public charge in Fairfax.

Drunk in Public Charge in Fairfax

It is a Class 4 misdemeanor to be drunk in public in Fairfax County.  The main difference between the Fairfax Drunk in Public charge under Fairfax County Code §5-1-1 and the Virginia Drunk in Public charge under Va. Code §18.2-388 is that the Fairfax County code prohibits being “drunk” in public, while the Virginia code uses the word “intoxicated.”   The Virginia Drunk in Public charge criminalizes intoxication from either alcohol or drugs, and the Fairfax Drunk in Public charge only criminalizes intoxication from alcohol.

Proof of Drunk in Public Charge in Fairfax

A Drunk in Public Charge in Fairfax is a Crime

To convict an offender of a Fairfax Drunk in Public charge, the Commonwealth must prove that the offender was both drunk and in public.  Public means any place open and visible to the public, including a person’s own home.

Penalties for Fairfax Drunk in Public Charge

A Fairfax Drunk in Public charge is a Class 4 misdemeanor.  It is punished with a fine as high as $250.  The fine can be pre-paid without coming to court to contest the charge.  However, many people don’t realize that paying the fine is an admission of guilt.  As a result, the offender will be convicted of a CRIME and will have a permanent criminal record that can never be expunged.

Additionally, anyone convicted of a Fairfax Drunk in Public charge will not be able to obtain a concealed weapon permit for 3 years and if he has such a permit, he must surrender it if convicted.

There are enhanced penalties for multiple convictions of a Fairfax Drunk in Public charge.  A third conviction within one year of a Fairfax Drunk in Public charge is a Class 3 misdemeanor. This offense is punished with a fine up to $500.

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