Does Drunk in Public Give Me A Criminal Record in Virginia?

Does Drunk in Public Give Me A Criminal Record in Virginia?

Many people mistakenly think that a Virginia Drunk in Public charge is not a crime because it is not punished with jail and the fine can be pre-paid without coming to court.  However, a Virginia Drunk in Public charge IS a crime and a conviction will remain on the offender’s permanent criminal record.  If you are wondering, does Drunk in Public give me a criminal record in Virginia, read the post below.

Virginia Drunk in Public Charge

In Virginia, it is a crime to be drunk (or intoxicated) in public.  Intoxication is a condition in which a person has consumed enough intoxicants to observably affect his manner, speech, disposition, muscular movement, general appearance or behavior.  A person can be intoxicated from consuming either alcohol, drugs or both-even a prescription.

The word public is interpreted broadly and includes places in open view and visible to the public.  This means a person can be convicted of being drunk in public on his own property in Virginia.

Does Drunk in Public Give Me A Criminal Record in Virginia?

A Virginia Drunk in Public charge under Va. Code §18.2-388 is a Class 4 misdemeanor.  It is punished with a fine up to $250 and the offender will be prohibited from obtaining a concealed carry permit for three years.

A conviction for a Drunk in Public charge in Virginia will give the offender a criminal record.  Convictions in Virginia can never be expunged.  That means that if an offender is convicted of a Virginia Drunk in Public charge, that conviction will remain on his permanent criminal record.

The fine for a Virginia Drunk in Public charge can be pre-paid, avoiding the need to go to court.  However, paying the fine is an admission of guilt and will result in a conviction on the offender’s permanent record the same as if he had been convicted in court.

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