Public Intoxication Charge in Fairfax

A Fairfax Public Intoxication Charge is a Crime

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

Public Intoxication Charge in Fairfax

It is a Class 4 misdemeanor to be intoxicated in public in Fairfax County.  The main difference between the Fairfax Public Intoxication charge under Fairfax County Code §5-1-1 and the Virginia Public Intoxication 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 Public Intoxication charge criminalizes intoxication from either alcohol or drugs, and the Fairfax Public Intoxication charge only criminalizes intoxication from alcohol.

Proof of Fairfax Public Intoxication Charge

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

Penalties for Fairfax Public Intoxication Charge

A Fairfax Public Intoxication charge is a Class 4 misdemeanor.  It is punished with a fine as high as $250.  The fine can be pre-paid without having to go to court.  However, paying the fine is an admission of guilt.  As a result, the offender will be convicted of a CRIME that will remain on his permanent criminal record.

Additionally, anyone convicted of a Fairfax Public Intoxication 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.

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

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