Why Was I Arrested for Drunk in Public in Virginia?
January 3, 2020 by Jean Humbrecht
Many people are surprised to learn that even though it is not punished with jail time, an offender will be taken into custody when he has been charged with being Drunk in Public in Virginia under Va. Code §18.2-388. If you have been wondering, why was I arrested for Drunk in Public in Virginia, read the post below.
Drunk in Public Charge in Virginia
A Virginia Drunk in Public charge criminalizes being drunk or intoxicated in public. A person is intoxicated in Virginia when he has consumed enough intoxicants to observably affect his manner, speech, disposition, muscular movement, general appearance or behavior. The word public is interpreted broadly and includes places visible to the public-including a person’s own property.
Penalty for Being Drunk in Public in Virginia
Can I Be Arrested for Drunk in Public in Virginia?
A Virginia Drunk in Public charge is a Class 4 misdemeanor. It is punished with a fine up to $250 and the offender will not be able to obtain a concealed carry permit for three years. A conviction for a Virginia Drunk in Public charge will remain on the offender’s permanent criminal record and can never be expunged.
Why Was I Arrested for Drunk in Public in Virginia?
In Virginia, if police officers have probable cause to believe that a person committed a misdemeanor in their presence, they can arrest that person without a warrant. Most of the time, and in cases in which the offense is not punished with any jail time, the officers are required to issue a summons and release the individual. However, when a person is charged with being Drunk in Public in Virginia (and in certain other limited circumstances), the officer will not release the person from custody. He will be taken before a magistrate to determine if probable cause exists to charge the person with the offense, and if so, he will be held in jail until he has sobered up.
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