Is Drunk in Public a Misdemeanor in Virginia?

A Virginia Drunk in Public Charge is Punished with a Fine

Is Drunk in Public a misdemeanor in Virginia?  Many people mistakenly believe that because it is not punished with jail time, a Virginia Drunk in Public charge is not a crime.  If you are wondering, is Drunk in Public a misdemeanor in Virginia, read the post below.

Virginia Drunk in Public Charge

A Virginia Drunk in Public charge (Va. Code §18.2-388) criminalizes being intoxicated in public.  Intoxication can be caused by alcohol or drugs-even a prescription.  A person is “intoxicated” when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.  The term “public” includes places visible to the public.  Therefore, a person can be convicted of a Virginia Drunk in Public charge if he is intoxicated on his own property, if it is visible to the public.

Is Drunk in Public a Misdemeanor in Virginia?

A Virginia Drunk in Public charge (Va. Code §18.2-388) is a Class 4 misdemeanor.  The penalty is a fine up to $250 and a prohibition on obtaining a concealed carry permit for three years.

The fine can be pre-paid, meaning the offender does not need to go to court.  However, pre-paying the fine is admitting guilt and will result in a permanent criminal record that can never be expunged.

For more information on a Drunk in Public charge in Virginia, click here.

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