Being Drunk in Public in Virginia is a Crime
March 22, 2015 by Jean Humbrecht
Is being drunk in public in Virginia a crime? Because it is not punished with jail time and the fine can be pre-paid, many people mistakenly think that a Drunk in Public charge in Virginia is not a crime. The post below discusses the consequences of being drunk in public in Virginia, which is a crime.
Virginia Drunk in Public Charge
A Virginia Drunk in Public charge under Va. Code §18.2-388 criminalizes being intoxicated in public.
Intoxication can be caused by alcohol or drugs-even prescription medication. A person is intoxicated in Virginia when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.
The term public in Virginia has a broad definition and includes places visible to the public. As a result, a person can be convicted of a Virginia Drunk in Public charge if he is drunk or intoxicated on his own property.
A Virginia Drunk in Public Charge is a Crime
Being Drunk in Public in Virginia is a Crime
A Drunk in Public charge in Virginia under Va. Code §18.2-388 is a Class 4 misdemeanor. It is not punished with jail time, but the accused can still be taken to the local jail and held until he is no longer drunk or intoxicated. A Virginia Drunk in Public charge is punished with a fine up to $250. The fine can be pre-paid, meaning the offender does not need to go to court. However, paying the fine is an admission of guilt and will result in a conviction. Convictions in Virginia can never be expunged and will remain on the offender’s permanent criminal record.
Additionally, a conviction for a Drunk in Public charge in Virginia will prohibit the offender from obtaining a concealed weapon permit for 3 years and if he has one, he must surrender it upon conviction.
For more information on a Drunk in Public charge in Virginia under Va. Code §18.2-388, click here.
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