What is Public Intoxication in Fairfax?
October 25, 2022 by Jean Humbrecht
Public Intoxication in Fairfax is a Crime
What is Public Intoxication in Fairfax? A Public Intoxication charge in Virginia (Va. Code §18.2-388) is a misdemeanor. Many local cities, towns and counties have their own public intoxication charges, including Fairfax County.
What is Public Intoxication in Fairfax?
The difference between the Fairfax and Virginia versions of Public Intoxication is that the Virginia charge criminalizes intoxication from either alcohol or drugs (or both), but the Fairfax Public Intoxication charge only criminalizes intoxication from alcohol.
Proof of Fairfax Public Intoxication Charge
To convict an offender of a Public Intoxication charge in Fairfax under Fairfax County Code §5-1-1, the Commonwealth must prove the offender was both drunk and in public. Public includes any place visible to the public-including a person’s own property.
Penalties for Public Intoxication in Fairfax
A Fairfax Public Intoxication charge is a Class 4 misdemeanor. It is punished with a fine up to $250. The fine can be pre-paid without coming to court. However, pre-paying the fine is admitting guilt to the offense and will result in a conviction on the offender’s permanent criminal record that can never be expunged.
Another penalty is that the offender will not be able to obtain a concealed carry permit for 3 years and if he has one, he must surrender it.
There are increased penalties for multiple convictions of Public Intoxication in Fairfax. A third offense under Fairfax County Code §5-1-1(b) within one year will be charged as a Class 3 misdemeanor, which is punished with a fine up to $500.
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