Fairfax Public Intoxication Charges

Fairfax Public Intoxication Charges are Crimes

In Virginia, it is a crime to be intoxicated in public.  Va. Code §18.2-388 states that a Virginia Public Intoxication charge is a Class 4 misdemeanor.  Many local counties, towns, and cities have their own versions of the Virginia Public Intoxication charge, including Fairfax County.  The post below focuses on Fairfax Public Intoxication charges.

Fairfax Public Intoxication Charges

The Fairfax Public Intoxication charge (Fairfax County Code §5-1-1) states that it is a Class 4 misdemeanor to be intoxicated in public in Fairfax County.  The main difference between the Virginia Public Intoxication charge (Va. Code §18.2-388) and the Fairfax Public Intoxication charge is that the Fairfax Code prohibits being “drunk” in public, while the Virginia code uses the word “intoxicated.”  As a result, the Virginia Public Intoxication charge criminalizes intoxication from either alcohol or drugs, but the Fairfax Public Intoxication charge under Fairfax County Code §5-1-1 only prohibits public intoxication from alcohol.

Proof of Fairfax Public Intoxication Charges

To convict an offender of a Fairfax Public Intoxication charge, the Commonwealth must prove that the offender was both intoxicated and in public.  A person is intoxicated when he has consumed enough intoxicants to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.  Public means any place visible to the public. This means that someone can be convicted of a Fairfax Public Intoxication charge even if he is on his own property.

Penalties for Fairfax Public Intoxication Charges

A Public Intoxication charge in Fairfax (whether charged under Va. Code §18.2-388 or Fairfax County Code §5-1-1) is a Class 4 misdemeanor.  It is punished with a fine as high as $250.  The fine can be pre-paid without coming to court. However, pre-paying the fine is admitting guilt to the offense and will result in a permanent criminal record that can never be expunged.

Additionally, convictions for Fairfax Public Intoxication charges will prohibit the offender from obtaining a concealed carry permit for three years and if he has one, he must surrender it.

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