Why Was I Arrested for Drunk in Public in Fairfax?

Why Was I Arrested for Drunk in Public in Fairfax?

Many people are surprised to learn that even though it is not punished with any jail time, an offender will be taken into custody when he has been charged with being Drunk in Public in Fairfax under Va. Code §18.2-388 or Fairfax County Code §5-1-1.  If you have been wondering, why was I arrested for Drunk in Public in Fairfax, read the post below.

Drunk in Public Charge in Fairfax

A Fairfax Drunk in Public charge criminalizes being drunk or intoxicated in public.  A person is intoxicated in Fairfax when he has consumed enough intoxicants to observably affect his manner, speech, disposition, muscular movement, general appearance or behavior.  The word public is interpreted broadly and includes places open and visible to the public.  This means someone can be convicted of being drunk in public on his own property in Fairfax.

Penalty for Being Drunk in Public in Fairfax

A Fairfax Drunk in Public charge 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 Fairfax will remain on the offender’s criminal record permanently and can never be expunged.

Why Was I Arrested for Drunk in Public in Fairfax?

In Fairfax, if police officers have probable cause to believe that a person committed a misdemeanor in their presence, they can arrest that person without a warrant.  Most of the time, and in cases in which the offense is not punished with any jail time, the officers are required to issue a summons and release the individual.  However, when a person is charged with being Drunk in Public in Fairfax (and in some other limited circumstances), the officer will not release the person from custody.  The person will be taken before a magistrate to determine if probable cause exists to believe the person committed the offense, and if so, he will be held in jail until he has sobered up.

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