Fairfax Public Intoxication

In Virginia, it is a crime to be intoxicated in public.  Va. Code §18.2-388 states that a Virginia Pubic Intoxication charge is a misdemeanor. Many local towns, cities and counties have their own versions of the Virginia Public Intoxication charge, including Fairfax County.  This post specifically focuses on the Fairfax Public Intoxication charge under Fairfax County Code §5-1-1.

Fairfax Public Intoxication Charge

The Public Intoxication charge in Fairfax under Fairfax County Code §5-1-1 states that it is a Class 4 misdemeanor to be drunk in public in Fairfax County.  The main difference between the Virginia and the Fairfax versions of this charge is that the Fairfax Code criminalizes being drunk in public, while the Virginia code criminalizes being intoxicated in public.  The Public Intoxication charge in Fairfax under  §5-1-1 does not include intoxication from drugs, but the Virginia Public Intoxication charge criminalizes intoxication from either alcohol or drugs.

Proof of a Public Intoxication Charge in Fairfax

To convict an offender of a Public Intoxication charge in Fairfax, the Commonwealth must prove that the defendant was both drunk and in public.  Intoxicated means the person has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.  Public means any place visible to the community or public-including the offender’s own property.

A Public Intoxication Charge in Fairfax is a Misdemeanor

Penalties for Public Intoxication Charge in Fairfax

A Public Intoxication charge in Fairfax is a Class 4 misdemeanor.  It is punished with a fine up to $250. The code states that the fine for this charge can be pre-paid without coming to court.  However, pre-paying the fine is an admission of guilt and will result in a permanent criminal record that can never be expunged.

The offender will also be prohibited from obtaining a concealed carry permit for 3 years upon conviction.

There are increased penalties for multiple Public Intoxication convictions in Fairfax.  Fairfax County Code §5-1-1(b) provides that if someone is convicted of being intoxicated in public 3 times within one year under that code section, the offense becomes a Class 3 misdemeanor and is punished with a fine up to $500.

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