Can I Be Convicted of Being Drunk in Public in Virginia Without a Breath Test?

A Drunk in Public charge in Virginia under Va. Code §18.2-388 criminalizes being drunk or intoxicated in public.  It does not take much to be convicted.  If you are wondering, can I be convicted of being Drunk in Public in Virginia without a Breath Test, read the post below.

Can I Be Convicted of Being Drunk in Public in Virginia Without a Breath Test?

Can I Be Convicted of Being Drunk in Public in Virginia without a Breath Test?

Intoxication occurs when a person has consumed enough intoxicants to observably affect his manner, speech, disposition, muscular movement, general appearance or behavior.  An odor of alcohol is not enough to convict someone of being Drunk in Public in Virginia,  However, an odor of alcohol combined with other factors listed above could be sufficient for a conviction.  A person can be intoxicated from consuming alcohol, drugs or both-even a prescription.

The police do NOT need evidence from a PBT (Preliminary Breath Test), Breathalyzer Test, or any other scientific test to convict someone of being Drunk in Public in Virginia.  The Commonwealth only needs to establish that the person consumed alcohol, drugs, or both, and that consumption observably affected him.

For information on what is considered public, click here.

Virginia Drunk in Public Penalty

A Drunk in Public charge in Virginia is a Class 4 misdemeanor.  It is punished with a fine up to $250 and anyone convicted of a Virginia Drunk in Public charge cannot obtain a concealed carry permit for 3 years.  If the offender has a concealed carry permit and is convicted of being drunk in public in Virginia, he must forfeit his permit.  Additionally, a conviction for being Drunk in Public in Virginia will remain on the offender’s permanent criminal record and can never be expunged.

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