You Can Be Drunk in Public on Your Own Property in Virginia
July 4, 2018 by Jean Humbrecht
Many people are surprised to learn that you can be drunk in public on your own property in Virginia. A Virginia Drunk in Public charge is not punished with any jail time, and as a result many people think the offense is not a crime and fail to take the charge seriously. However, a Drunk in Public charge in Virginia under Va. Code §18.2-388 is a CRIME. It is a Class 4 misdemeanor and is punished with a fine up to $250 and the offender will be unable to obtain a concealed carry permit for at least 3 years. Additionally, the offender can be taken to the local jail when he is charged and held until he has sobered up (even though the offense itself is not punished with any jail time).
You CAN Be Drunk in Public on Your Own Property in Virginia
A person can be charged with being drunk in public in Virginia if he is intoxicated and in public. This can include his own property.
You CAN Be Drunk in Public on Your Own Property in Virginia
“Public” in the Virginia Drunk in Public statute is interpreted broadly. Not only does it include places in public, but it includes places in open view and visible to the community or public. This means that someone can be convicted of a Virginia Drunk in Public charge under Va. Code §18.2-388 if he is drunk or intoxicated on his own property if that part of the property is in open view and visible to the public.
Click here for more information on the definition of “public” in the Virginia Drunk in Public statute.
Intoxication occurs when an offender has consumed enough intoxicants (alcohol or drugs) to observably affect his manner, speech, disposition, muscular movements, general appearance or behavior.
Click here for more information on what it means to be “intoxicated” for purposes of the Virginia Drunk in Public charge.
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