Alexandria Public Intoxication Charge 13-1-5

Public intoxication is a crime in Virginia.  Va. Code §18.2-388 makes it a Class 4 misdemeanor to be intoxicated from drugs or alcohol in public.  Counties, towns, and cities within the Commonwealth often have their own versions of the Virginia drunk in public charge, including the city of Alexandria.  This post focuses on the Alexandria public intoxication charge under Alexandria Municipal Code Sec. 13-1-5.

Proof of Alexandria Public Intoxication Charge

The Alexandria public intoxication charge found in Municipal Code Sec. 13-1-5 makes it a crime to be “intoxicated” in public in Alexandria.  To prove that someone is guilty of the Alexandria public intoxication charge, the Commonwealth must prove that the defendant was both intoxicated AND in public.

• Intoxication: The Virginia definition of intoxication is found in Va. Code §4.1-100.  The code states that to be intoxicated in Virginia, the offender must have drank enough alcohol to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.
• Public: The Commonwealth also must prove that the offender was in public.  For purposes of a public intoxication charge, “public” refers to any place that can be seen by the public.  As a result, someone can be convicted of an Alexandria public intoxication charge even if he is on his own property.

Intoxication from Alcohol or Drugs

An offender can be convicted of an Alexandria Public Intoxication charge under Code Sec. 13-1-5 if he is intoxicated from either alcohol or drugs.

Penalties for Alexandria Public Intoxication Charge

An Alexandria public intoxication charge is a Class 4 misdemeanor.  It is punished with a fine up to $250.  Pre-paying the fine, however, is admitting guilt.  Since this charge is a crime, pre-paying the fine means the offender is admitting that he is guilty of a criminal charge.  He will now have a permanent criminal record and the charge cannot be expunged.

Alexandria Municipal Code Sec. 13-1-5 Public intoxication