Public Intoxication Law in Fairfax

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

Public Intoxication in Virginia is a crime (Va. Code §18.2-388).  Many local counties, cities and towns have their own public intoxication laws, including Fairfax County.  This post specifically focuses on the Public Intoxication Law in Fairfax under Fairfax County Code §5-1-1.

Public Intoxication Law in Fairfax

A  person who is charged with Public Intoxication in Fairfax under Fairfax County Code §5-1-1) is charged with a Class 4 misdemeanor.  The difference between the Fairfax and Virginia versions of this crime is that the Virginia charge criminalizes intoxication from alcohol or drugs.  The Fairfax Public Intoxication charge, though, only criminalizes intoxication from alcohol-in other words, being drunk.

Proof of Public Intoxication in Fairfax

To convict an offender of a Fairfax Public Intoxication charge under §5-1-1, the Commonwealth must prove the offender was both drunk and in public.  Public includes any place visible to the public-including the offender’s own property.

Penalties for Violating Public Intoxication Law in Fairfax

A Public Intoxication charge in Fairfax 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, paying the fine without going to court is an admission of guilt.  It will result in a conviction and will remain on the offender’s permanent criminal record.

Another penalty for a Fairfax Public Intoxication charge 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 for multiple Public Intoxication convictions in Fairfax.  A third offense under Fairfax County Code §5-1-1(b) within one year will be charged as a Class 3 misdemeanor.  This offense is punished with a fine up to $500.

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