Being Drunk in Public in Fairfax

May 5, 2021 by Jean Humbrecht

Is being drunk in public in Fairfax 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 Fairfax is not a crime.  This post discusses a Fairfax Drunk in Public charge under Fairfax County Code §5-1-1, which is a crime.

Fairfax Drunk in Public Charge

A Fairfax Drunk in Public charge (Fairfax County Code §5-1-1) prohibits being drunk in public.

being drunk in public in Fairfax

A Fairfax Drunk in Public Charge is a Crime

For purposes of a Fairfax Drunk in Public charge, 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 open and visible to the public or community.  As a result, a person can be convicted of a Drunk in Public charge in Fairfax if he is drunk on his own property, if it is visible to the public.

A Drunk in Public Charge in Fairfax is a Crime

A Drunk in Public charge in Fairfax under Fairfax County Code §5-1-1 is a Class 4 misdemeanor.  It is not punished with any jail time, but a fine up to $250.  The fine can be pre-paid, avoiding the need to go to court.  However, pre-paying the fine is admitting guilt to the offense and will result in a conviction that will remain on the offender’s permanent criminal record and can never be expunged.

Additionally, anyone convicted of a Fairfax Drunk in Public charge will not be able to obtain a concealed carry permit for 3 years and must surrender a concealed carry permit if he or she has one.

For more information on a Drunk in Public charge in Fairfax under Fairfax County Code §5-1-1, click here.

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