Is Being Intoxicated in Public a Crime in Fairfax?

Is Being Intoxicated in Public a Crime in Fairfax?

Is being intoxicated in public a crime in Fairfax?  Many people think that being intoxicated in public in Fairfax is not a crime because it is not punished with any jail time.   However, this offense IS a crime and a conviction will remain on the offender’s permanent criminal record.

Fairfax Intoxicated in Public Charge

An Intoxicated in Public charge in Fairfax (Fairfax County Code §5-1-1) makes it a crime to be intoxicated in public.

This particular statute prohibits intoxication from alcohol-not intoxication from drugs.  If an offender is charged with public intoxication under the state statute (Va. Code §18.2-388), the person can be convicted with proof the person was intoxicated from alcohol or drugs.   

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 that are visible to the public-including someone’s own property.

Is Being Intoxicated in Public a Crime in Fairfax?

A Fairfax Intoxicated in Public charge is a Class 4 misdemeanor and is punished with a fine up to $250.  The fine can be pre-paid without going to court.  However, pre-paying the fine is admitting guilt and will result in a conviction that will remain on the offender’s permanent criminal record.  Convictions in Virginia can never be expunged.

A conviction for a Fairfax Intoxicated in Public charge will also prevent the offender from obtaining a concealed carry permit for 3 years and if he has one, it must be forfeited when he is convicted.

Click here for more information on a Fairfax Intoxicated in Public charge.

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