Virginia Public Intoxication Law

The Virginia Public Intoxication Law Makes it a CRIME to be Drunk in Public

The Virginia Public Intoxication law (Va. Code 18.2-388) criminalizes being intoxicated in public.  The offense is a Class 4 misdemeanor, punished with a fine up to $250 and a ban on obtaining a concealed carry permit for 3 years.  Even though the offense is not punished with jail time, it is still a crime and a conviction will remain on the offender’s permanent criminal record and can never be expunged.  Additionally, the offender can be taken to the local jail to sober up if he is charged with violating the Virginia Public Intoxication law.

The fine for a Virginia Public Intoxication charge can be pre-paid.  However, pre-paying the fine is admitting guilt to the offense and will result in a conviction on the offender’s permanent criminal record just as if the offender had been convicted in court. Convictions in Virginia can never be expunged (or erased) from a person’s criminal record, regardless of how minor the offense seems.

What Does Intoxicated Mean?

In Virginia, a person is intoxicated when he consumes enough alcohol or drugs to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.

What Does Public Mean?

Public includes places in open view and visible to the public.  As a result, a person can be found in violation of the Virginia Public Intoxication law even if he is intoxicated on his own property.

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